Standard Purchase Terms - Ace Computers

SERVICE PROVIDED: LIMITED WARRANTY
For the ninety (90) day term of this agreement (one (1) year on complete Ace Computer Systems with the exclusion of peripherals, see below) Ace Computers warrants that it shall exert its best efforts to provide any required remedial service on the equipment and further warrants that it shall exert its best efforts to respond to a customer service request no later than close of the next business day. CUSTOMER´S sole remedy under this limited warranty shall be for Ace Computers to repair or replace the non-performing equipment. Ace Computers has the option to repair or replace parts or whole units. Replacements shall be provided on an exchange basis: all removed parts shall become the property of Ace Computers. Replacement parts shall be new or functionally operative. Service is available during the principal period of maintenance. Ace Computers will only provide service upon receipt of equipment at one of its service centers. CUSTOMER will provide complete for drayage of equipment and return freight charges (if applicable). CUSTOMER will provide complete access to the equipment, subject to reasonable security regulations. Ace Computers is not responsible for CUSTOMER data on any equipment serviced.

EQUIPMENT PURCHASE TERMS & CONDITIONS

• PLEASE VERIFY COUNT AND PRODUCT WITHIN 24 HOURS OF RECEIPT.
• BEFORE INSTALLING PRODUCT, CHECK COMPATIBILITY OF PRODUCT.
• PRODUCT IS GUARANTEED TO MANUFACTURER´S SPECIFICATIONS ONLY.
• NO RETURNS WILL BE ISSUED FOR INCOMPATIBILITY.
• ONLY DEFECTIVE PRODUCTS ACCEPTED FOR REPAIR OR REPLACEMENT AFTER 7 DAYS.
• SELECTED DEFECTIVE ITEMS MAY BE SENT DIRECTLY TO THE MANUFACTURER BY THE CUSTOMER AT ACE COMPUTERS DISCRETION.
• ONLY MERCHANDISE CREDITS ISSUED AFTER 7 DAYS.
• LIABILITY WILL EXTEND TO THE AMOUNT OF THE INVOICE.
• 15% RESTOCKING CHARGE FOR UNAUTHORIZED, UNSOLICITED RETURNS.
• INTEL AND AMD CPU CHIPS HAVE 15 DAY WARRANTY.
• ALL SALES FINAL.

FOR MORE INFORMATION, SEE BELOW.

I. LIMITED WARRANTY:
For the ninety (90) day period following the date of sale (one (1) year on all Ace Computer Systems excluding peripherals such as but not limited to printers, scanners, external storage devices, monitors, keyboards and mice) Ace Computers warrants to CUSTOMER that the equipment shall, in a normal mode of operation, operate in a manner satisfactory to manufacturer´s specifications. As CUSTOMER´S sole remedy under this limited warranty, Ace Computers shall repair or replace the nonconforming equipment (Service details listed above). Any returns for any reason within the first thirty (30) days shall be fully liable for a 15% restocking fee, unless waived in writing at the discretion of Ace Computers´ Management. No products may be returned and no refunds shall be issued after the initial thirty (30) days following purchase date. All claims for shortages must be made within twenty-four (24) hours of receipt of product. "Generally dissatisfied with performance" is not an acceptable reason for returning a product. This warranty agreement is solely with the original customer (purchasing directly from Ace Computers) and is non-transferable to any other party.

II. EXCEPT WITH RESPECT TO THE LIMITED WARRANTY UNDER SECTION I ABOVE, ACE COMPUTERS MAKES NO EXPRESS OR IMPLIED WARRANTIES AND HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ACE COMPUTERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ACE COMPUTERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE SUMS PAID BY THE CUSTOMER FOR THAT EQUIPMENT TO WHICH ANY CLAIM FOR DAMAGES RELATES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, SO THE ABOVE LIMITATION OR EXCLUSION OF LIMITATION OF INCIDENTAL AND OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU. THE LIMITED WARRANTY IN SECTION I GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY, FROM STATE TO STATE.

III. DISPUTE RESOLUTION:
The parties agree to attempt to resolve all CUSTOMER complaints with respect to any matter arising under the Equipment Purchase Agreement by following those Ace Computer Internal Customer complaint resolution procedures promulgated from time-to-time by Ace Computers. A copy of those procedures will be supplied to customer upon written request of customer.

IV. GENERAL:
This Equipment Purchase Agreement contains the full agreement of the parties with respect to the subject matter hereof and supersedes any previous or contemporaneous communications, either oral or written. Ace Computers may assign or delegate any part or all of its rights and or obligations hereunder to any third party. Except as otherwise provided in these terms or conditions, this Equipment Purchase Agreement can be modified only in writing if jointly signed by CUSTOMER and an Ace Computers authorized representative and attached hereunto in an amendment.

If any paragraph, term or provision hereof is unenforceable, invalid or prohibited under applicable law, the same shall be deleted and deemed as if never included herein.

This Purchase Agreement shall be governed and construed in accordance with the laws of the State of Illinois.