Terms and Conditions of
Sale
These terms and
conditions of sales and/or service are the terms and conditions
upon which Laser Copier Cartridges .com and its U.S. subsidiaries
(together "Laser Copier Cartridges .com") make all
sales. Laser Copier Cartridges .com will not accept any other
terms and conditions of sale and/or service unless Buyer and Laser
Copier Cartridges .com have executed a master contract which
specifically supersedes and replaces these terms and conditions.
Acceptance of all purchase orders is expressly made conditional
upon Buyer's assent, expressed or implied, to the terms and
conditions set forth herein without modification or addition.
1. ACCEPTANCE
Buyer's acceptance of these terms and conditions shall be
indicated by any of the following, whichever first occurs: (a)
Buyer's making of an offer to purchase Product from Laser Copier
Cartridges .com; (b) Buyer's written acknowledgment hereof; (c)
Buyer's acceptance of any shipment of any part of the items
specified for delivery (the "Products"); or (d) any
other act or expression of acceptance by Buyer. Laser Copier
Cartridges .com's acceptance is expressly limited to the terms and
conditions hereof in their entirety without addition, modification
or exception, and any term, condition or proposals hereafter
submitted by Buyer (whether oral or in writing) which is
inconsistent with or in addition to the terms and conditions set
forth hereon is objected to and is hereby rejected by Laser Copier
Cartridges .com. Laser Copier Cartridges .com's silence or failure
to respond to any such subsequent or different term, condition or
proposal shall not be deemed to be Laser Copier Cartridges .com's
acceptance or approval thereof.
2. DELIVERY
Unless otherwise agreed in writing, delivery shall be made in
accordance with Laser Copier Cartridges .com's shipping policy in
effect on the date of shipment. For all domestic transactions,
unless otherwise stated on the front of the invoice, title to, and
all risk of loss or damage with respect to the Products shall pass
to Buyer upon delivery by Laser Copier Cartridges .com to the
carrier or Buyer's representative at Laser Copier Cartridges .com's
warehouse or plant. For all international transactions, the
Product shall be sold on a delivered, insurance-paid, duty- and
international freight unpaid basis. Laser Copier Cartridges .com
assumes no responsibility for charges attendant to customs
clearance in the country of delivery, customs duty, VAT or any
other charges or taxes within the country designated for delivery
by the Buyer. Title and risk of loss shall pass to the Buyer upon
delivery to the port designated by the Buyer and prior to Customs
clearance. Delivery is subject to the payment provisions set forth
herein and to Laser Copier Cartridges .com's receipt from Buyer of
all necessary information and documentation from Buyer including
all import certificates, exemption and/or resale certificates,
licenses and other documents as may be required from Buyer for
export of the Product. Buyer shall promptly notify Laser Copier
Cartridges .com, in no event later than five (5) business days
after delivery, of any claimed shortages or rejection as to any
delivery. Such notice shall be in writing and shall be reasonably
detailed, stating the grounds for any such rejection. Failure to
give any such notice within such time shall be deemed an
acceptance in full of any such delivery. If Buyer refuses the
shipment of goods from Laser Copier Cartridges .com or returns the
goods to Laser Copier Cartridges .com without Laser Copier
Cartridges .com’ s prior authorization, Buyer agrees to
relinquish all right and title to and waives all claims against
Laser Copier Cartridges .com for credit related to such Products.
Laser Copier Cartridges .com shall not be liable for any shipment
delays beyond the reasonable control of Laser Copier Cartridges
.com which affect Laser Copier Cartridges .com or any of Laser
Copier Cartridges .com's suppliers, including, but not limited to,
delays caused by unavailability or shortages of Products from
Laser Copier Cartridges .com's suppliers; natural disasters, acts
of war; acts or omissions of Buyer; fire, strike, riot, or
governmental interference; unavailability or shortage of
materials, labor, fuel or power through normal commercial channels
at customary and reasonable rates; failure or destruction of plant
or equipment arising from any cause whatsoever; or transport
failures.
3. PRICE AND PAYMENT
Buyer shall bear all applicable federal, state, municipal and
other government taxes (such as sales, use and similar taxes) as
well as import or custom duties; license fees and similar charges,
however designated or levied on the sale of the Products (or the
delivery thereof) or measured by the purchase price paid for the
Products. (Laser Copier Cartridges .com's prices set forth on the
front side of the invoice do not include such taxes, fees, and
charges.) Exemption certificates must be presented prior to
shipment if they are to be honored. Terms of payment are within
Laser Copier Cartridges .com's sole discretion, and, unless
otherwise agreed to by Laser Copier Cartridges .com, payment must
be received by Laser Copier Cartridges .com prior to Laser Copier
Cartridges .com's acceptance of an order. Payment for the products
shall be made by credit card, wire transfer, or some other
prearranged payment method unless credit terms have been agreed to
by Laser Copier Cartridges .com. Laser Copier Cartridges .com may
invoice parts of an order separately. Orders are not binding upon
Laser Copier Cartridges .com until accepted by Laser Copier
Cartridges .com. If order is cancelled a Buyer agrees to pay a
cancellation fee that may apply, shipping and handling charges are
not refundable. All unpaid invoices shall bear interest at an
amount equal to 1-1/2% of the outstanding balance per month (or
the maximum rate of interest allowed to be contracted for by law,
whichever is less), commencing upon the date payment is due.
Buyer's failure to make timely payment may result in such action
as commencement of proceedings for collection, revocation of
credit, stoppage of shipment, delay or cessation of future
deliveries, repossession of unpaid delivered goods and termination
of any one or more sales agreements. If a check is returned due to
insufficient funds or other reasons or in the event of credit card
charge dispute or reversal the Buyer agrees to pay a thirty five
dollar handling fee per occurrence. Notwithstanding any
"net" payment provisions specified on the invoice, Laser
Copier Cartridges .com shall have no continuing obligation to
deliver Products on credit, and any credit approval may be
withdrawn by Laser Copier Cartridges .com at any time and without
prior notice. Laser Copier Cartridges .com retains (and Buyer
grants to Laser Copier Cartridges .com by submitting a purchase
order) a security interest in the Products to secure payment in
full and compliance with all sales agreements, and Buyer agrees to
execute any additional documents necessary to perfect such
security interest. In the event Buyer defaults and does not pay
outstanding balance(s) within thirty days from a date of a Laser
Copier Cartridges .com notice that informs Buyer that the money
are due, Buyer agrees to pay a default fee of seven hundred and
fifty dollars to Laser Copier Cartridges .com. In the event Laser
Copier Cartridges .com files a claim againts the Buyer in a court
of law for the purpose of collecting unpaid balances or places
account with a collection agency, the Buyer agrees to pay seven
hundred and fifty dollars to cover Laser Copier Cartridges .com's
costs and any and all costs associated with such action if the
costs exceed seven hundred and fifty dollars, including without
limitation, attorney's fees, collection agency fees and costs
incurred prior to, during, or subsequent to trial, and including,
without limitation, collection, bankruptcy, or other creditor's
rights proceedings. In the event the sales invoice shall be placed
by Laser Copier Cartridges .com in the hands of an attorney or a
collection agency for the purpose of collection, with or without
litigation, or for the collecting unpaid balances, the Buyer
agrees to pay any and all costs associated with such placement,
including without limitation, attorney's fees, collection agency
fees and costs incurred prior to, during, or subsequent to trial,
and including, without limitation, collection, bankruptcy, or
other creditor's rights proceedings. If a sale is to occur, or the
Product is to be shipped outside of the United States, Buyer
acknowledges and agrees that the amount due Laser Copier
Cartridges .com is contracted in U.S. dollars and that payment in
U.S. dollars is of the essence. Any payment by Buyer in local
currency or the receipt by Laser Copier Cartridges .com of local
currency as a consequence of enforcement procedures against Buyer
will be deemed an authorization for Laser Copier Cartridges .com
to use that local currency to purchase U.S. dollars or, if such
purchase is prohibited by local law, an authorization to purchase
appropriate bonds or other instruments and export them from the
Buyer's country in order to convert the currency into U.S. dollar
and apply the proceeds to the payment of any amounts owed to Laser
Copier Cartridges .com by the Buyer. Any deficiency as a result of
conversion of payment into U.S. dollars shall be the
responsibility of the Buyer.
4. PRODUCT RETURNS
Buyer must obtain a valid Return Material Authorization ("RMA")
number from Laser Copier Cartridges .com for all returns. Buyer
must provide its order number and all other information as
required by Laser Copier Cartridges .com for all returns. RMAs are
valid for twenty (20) calendar days from the date of issuance.
Buyer must allow for in-transit time for Products to be returned
to Laser Copier Cartridges .com, as Laser Copier Cartridges .com
must physically receive Products within the twenty (20) calendar
days. Product bundles that include specialized software can not be
returned. Chips, sold either individually or bundled, cannot be
returned. In the event product claimed defective by the Buyer
found to be functioning properly and/or ink, film, ribbon or toner
has been used in excess of thirty percent of the original capacity
and/or malfunctioning due to low level of ink, film, ribbon or
toner Buyer agrees to pay Laser Copier Cartridges .com for labor
and material associated with processing of claim(s), testing and
examining product(s) as well as all costs of replacing the
product(s) including shipping. Custom orders are not returnable. A
Custom order is an item that we do not stock and that is special
ordered for each customer. Sale of custom order items are final
sales; merchandise is not returnable or exchangeable. The cost of
lcd alarm-clock is twenty nine dollars. Buyer is responsible for
ensuring that the RMA number is clearly visible on the address
label of the Product packaging when it is returned to Laser Copier
Cartridges .com. Laser Copier Cartridges .com will refuse delivery
of any boxes without a valid, clearly visible RMA number as noted
above. Return of Products purchased hereunder, whether for stock
balancing purposes or because such Products are claimed to be
defective, shall be governed by Laser Copier Cartridges .com's
Product Return policies as set forth in Laser Copier Cartridges .com's
Catalog in effect on the date of the invoice, or as otherwise
provided by Laser Copier Cartridges .com to Buyer in writing.
Laser Copier Cartridges .com reserves the right to modify or
eliminate such policies at any time. Although Laser Copier
Cartridges .com's policies may permit Buyer to return Products
claimed to be defective under certain circumstances, Laser Copier
Cartridges .com makes no representations or warranties of any kind
with respect to the Products. Laser Copier Cartridges .com HEREBY
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED
AS TO THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Laser Copier Cartridges .com WILL NOT BE LIABLE FOR ANY DAMAGE,
LOSS, COST, OR EXPENSE FOR BREACH OF WARRANTY. The right to return
defective Products, as previously described, shall constitute
Laser Copier Cartridges .com's sole liability and Buyer's
exclusive remedy in connection with any claim of any kind relating
to the quality, condition, or performance of any Product, whether
such claim is based upon principles of contract, warranty,
negligence or other tort, breach of any statutory duty, principles
of indemnity or contribution, the failure of any limited or
exclusive remedy to achieve its essential purpose or otherwise.
Notwithstanding anything to the contrary, Laser Copier Cartridges
.com reserves the right not to authorize the return of Products
that are no longer in production or are being produced or
published by a manufacturer or publisher that (i) is insolvent,
(ii) has declared bankruptcy, or (iii) will not accept returns
from Laser Copier Cartridges .com. In the event Laser Copier
Cartridges .com issues a return authorization to Buyer allowing
Buyer to return Product to Laser Copier Cartridges .com, Buyer
will deliver the Product to Laser Copier Cartridges .com's address
in the United States, if so required by Laser Copier Cartridges
.com, and Buyer shall bear all applicable federal, state,
municipal and other government taxes (such as sales, use and
similar taxes) as well as import or customs duties, license fees
and similar charges, however designated or levied, on any
replacement Product to be shipped by Laser Copier Cartridges .com
to Buyer.
5. LIMITATION OF LIABILITY
Laser Copier Cartridges .com SHALL NOT BE LIABLE UNDER ANY
CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE
OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE AGREEMENT TO SELL PRODUCT TO BUYER OR THE PRODUCT, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST
DATA OR FOR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES,
EVEN IF Laser Copier Cartridges .com HAS BEEN ADVISED OF
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF
CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY
STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE
FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS
ESSENTIAL PURPOSE, OR OTHERWISE.
6. CONFIDENTIALITY
Confidential Information shall include all data, materials,
products, technology, computer programs, specifications, manuals,
business plans, software, marketing plans, financial information,
and other information disclosed or submitted, orally, in writing,
or by any other media, to Buyer by Laser Copier Cartridges .com
pertaining to or as part of transactions governed by these terms
and conditions. Buyer agrees that the Confidential Information is
to be considered confidential and proprietary to Laser Copier
Cartridges .com and Buyer shall hold the same in confidence, shall
not use the Confidential Information other than for the purposes
of its business with Laser Copier Cartridges .com, and shall
disclose it only to, applies only if Buyer is a company, its
officers, directors, or employees with a specific need to know.
Buyer will not disclose, publish or otherwise reveal any of the
Confidential Information received from Laser Copier Cartridges
.com to any other party whatsoever except with the specific prior
written authorization of Laser Copier Cartridges .com. In the
event Buyer discloses any Confidential Information either directly
or indirectly, Buyer agrees to compensate Laser Copier Cartridges
.com, including reasonable attorney fees, for any economic loss
(including loss of business, contracts, profits or anticipated
profits, revenues, capital or anticipated savings), any indirect,
special or consequential loss, loss of data, goodwill or
reputation or for any wasted expense.
7. GENERAL
Buyer may not assign these Terms and Conditions or any interest
herein without Laser Copier Cartridges .com's express prior
written consent. These terms and conditions shall constitute the
final, complete and exclusive agreement of the parties with
respect to all sales by Laser Copier Cartridges .com to Buyer and
shall supercede all prior offers, negotiations, understandings,
and agreements. Unless Buyer and Laser Copier Cartridges .com have
executed a master contract which specifically supercedes and
replaces the terms and conditions herein, it is expressly agreed
that no prior or contemporaneous agreement or understanding,
whether written or oral, shall contradict, modify, supplement, or
explain the terms and conditions contained herein. No additional
or different terms or conditions, whether material or immaterial,
shall become a part of any sales agreement unless expressly
accepted in writing by an authorized officer of Laser Copier
Cartridges .com in the United States. Any waiver by Laser Copier
Cartridges .com of one or more of these terms and conditions or
any defaults hereunder shall not constitute a waiver of the
remaining terms and conditions or of any future defaults
hereunder. No failure or delay by either party in exercising or
enforcing any right hereunder shall operate as a waiver thereof or
preclude any other exercise or enforcement of rights hereunder.
Any provision of these terms and conditions that is prohibited or
unenforceable under the laws of the State of Oregon shall be
ineffective to the extend of such prohibition or unenforceability,
without impairing or invalidating the remaining provisions of
these terms and conditions. These terms and conditions shall be
deemed made in, and shall be governed by, the laws of the State of
Oregon. The venue for any disputes and claims, including but not
limited to defamation, libel and confidentiality claims, arising
out of any sales agreement and/or related to any transactions
between Laser Copier Cartridges .com and Buyer shall be, at Laser
Copier Cartridges .com's sole and exclusive option, Washington
County, Oregon, or the courts with proper jurisdiction at the
Buyer's location. ALL SALES TRANSACTIONS EXCLUDE THE APPLICATION
OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALES OF GOODS, IF OTHERWISE APPLICABLE.
8. RESALE
A) Buyer shall comply with, and shall not act to contravene,
applicable laws, codes, and regulations, including without
limitation those relating to the licensing/control of, or
prohibition against, shipment (including both export and
re-export) to designated countries and/or entities.
B) Buyer recognizes that some Product sales are limited to a
specific territory and shall not sell Products outside that
territory. Such sales may constitute copyright or trademark
infringement.
If you have any questions, or
need assistance in finding the correct supplies for your laser
cartridge, please drop a line to us at sales@lasercopiercartridges.com or call us
at (866) 538-4657.
We accept purchase orders from
schools, governmental organizations and other companies. To set up
an account, please fax a copy of our Net
30 Terms Application and Authorized
Purchasers Form with your first purchase order to (503) 643-5379.
To request a quote, click
here.
