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1. Order Processing
2. Returned Merchandise
3. Warranties
4. Refusals
5. Delays
6. Shipment
7. Limitations on Liability
8. Payment
9. Governing Law
10. Validity
11. Disputes
12. Complete Order
13. Trademarks
14. Pricing & Availability
15. Changes
16. Order Acceptance Policy
17. International Orders
18. Business (B2B) Accounts
1. Order Processing:
(a) All orders are processed as soon as the payment method has been verified.
(b) All orders require both billing and shipping address verification prior to being sent to the warehouse for fulfillment. Your "Ship To" address must be listed with you credit card company. If your "Ship To" address is different than your "Bill To" address, then please contact your credit card bank to add your shipping address to their files as an Alternate Shipping Address.
(c) Orders approved by our credit department by 12:00 PM Pacific Time (PST) are processed the NEXT business day (Except holidays)
2. Returned Merchandise:
(a) All claims for shortage, damage, shipment error, incompatibility, or incorrectly ordered merchandise must be made within fifteen (15) calendar days of the invoice date to avoid a restocking fee.
(b) All requests for refund made after thirty (30) calendar days from invoice date are subject to no less than a fifteen percent (15%) restocking fee of invoice or current market value at TranscendUSA's discretion (hereby referred to as the "Seller"). Seller's liability shall be limited to the invoiced value of the merchandise or its replacement.
(c) All returns for replacement made after the thirty (30) calendar day period has expired will be honored so long as the item is still covered under warranty and a compatible module is available.
(d) No returns will be accepted without a Return Authorization (RMA) Number. Buyer must return merchandise to Seller within fifteen (15) calendar days after the RMA has been issued. If the merchandise is not returned within the authorized time period, the RMA will be canceled. Products must be packed securely and be returned to the Seller undamaged, with Buyer being solely responsible for paying all return freight costs unless otherwise agreed to in writing.
(e) Merchandise is subject to testing before replacements will be issued. We reserve the right to return to the Buyer (at his cost) any non-Transcend brand merchandise, any non-defective merchandise, merchandise that does not match the invoice, and/or any merchandise damaged by the customer due to misuse, alteration, or negligence.
(f) Seller reserves the option to require that defective merchandise returns be accompanied by a test report from an independent laboratory in order to receive a refund or replacement on merchandise.
(g) Restocking fees will be determined by the following table:
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Invoice Date |
End User (B2C) Accounts |
Business (B2B) Accounts |
|
0-30 Days |
0% Restocking Fee |
15% Restocking Fee |
|
31-60 Days |
Replacement or 15% Restocking Fee** |
Replacement or 30% Restocking Fee** |
|
61 Days - End of Warranty |
Replacement Only |
Replacement Only |
|
Beyond Warranty Period |
We will try to repair a defective product even beyond warranty, however customer will be responsible for cost of labor & replacement parts. |
We will try to repair a defective product even beyond warranty, however customer will be responsible for cost of labor & replacement parts. |
**Option to be made at Transcend's discretion.
(h) Buyer will pay all return freight charges using a major courrier service with tracking and insurance. Seller is not obligated to pay or reimburse Buyer for any freight charges. Seller will not issue a call tag or pay any freight charges for DOA or defective merchandise unless otherwise agreed to in writing.
(i) Returns sent COD will be REFUSED.
3. Warranties:
(a) All memory modules have a lifetime replacement warranty of manufacturers defects unless otherwise noted.
(b) No warranty by the Seller will be covered on any merchandise which has been modified, altered or damaged by the Buyer. Merchandise that is defective due to misuse, neglect, or improper installation is not covered under the warranty. Seller is not responsible for any damages incurred to Buyer's equipment and/or loss of data or use resulting from improper installation.
(c) All warranties begin from the date of invoice.
(e) No Seller employee, agent, or dealer is authorized to make any modification, extension, or addition to the warranty.
4. Refusals:
Buyer may be subject to no less than a fifteen percent (15%) restocking fee, shipping charges, and any losses incurred by Seller if a package is refused by the Buyer without prior authorization from the Seller.
5. Shipping Limitations / Delays:
(a) All shipping dates are approximate and are based upon current availability of materials and prompt receipt of all necessary information. The Seller will not be liable for any damage, loss, fault or expenses arising out of delays in shipment or other non-performance of this Agreement caused by or imposed by (1) strikes, fires, disasters, riots, acts of God; (2) acts of Buyer; (3) governmental action; or (4) any other cause or condition beyond the Seller's reasonable control in the event of any such delay or non-performance.
(b) Total Ship Time = Availability Time + Delivery Method Ship Time. Choosing next day or second day air does not mean Buyer's order will be delivered in 1 or 2 days from the time order is placed online. Shipping time is calculated as an estimate AFTER the order has been shipped out of our warehouse.
6. Shipment:
(a) All orders are F.O.B. (Freight On Board) origin unless otherwise agreed to in writing.
(b) Buyer is responsible for all reroute fees.
(c) Buyer is responsible for payment for any duplicate shipment if merchandise is not returned to Seller within ten (10) days.
(d) Orders may require a signature upon delivery; therefore a physical street address is required for all orders. Shipment to PO Boxes and Freight Forwarders are not allowed.
7. Limitation on Liability:
IN NO EVENT SHALL SELLER BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, INCOME OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, BREACH OF ANY OBLIGATION IMPOSED ON SELLER HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY PROGRAMS OR DATA STORED IN OR USED IN CONJUNCTION WITH ANY MERCHANDISE SOLD, THE COSTS ASSOCIATED WITH RECOVERING SUCH PROGRAMS OR DATA, OR ANY INCOMPATIBILITIES BETWEEN THE MERCHANDISE SOLD AND ANY HARDWARE OR SOFTWARE USED BY BUYER. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY EXPENSES INCURRED BY BUYER FOR ANY INSTALLATION DONE BY SOMEONE OTHER THAN SELLER. In no event shall the Seller's liability (whether under the theories of breach of contract or warranty, negligence or strict liability) exceed the purchased price paid for the goods.
8. Payment:
(a) Payment for goods purchased hereunder shall be in U.S. funds. A Twenty-Five Dollar ($25.00) minimum fee shall be charged on all returned checks.
(b) All funds received by electronic (wire) transfers are subject to no less than a Twenty-Five Dollar ($25.00) processing fee for international orders and/or a Five-dollar ($5.00) processing fee for domestic orders unless otherwise agreed to in writing.
(c) All orders and contracts are subject to approval by the Seller's credit department. The Seller may, at any time, require payment in advance or satisfactory security that invoice will be paid when due. If Buyer fails to comply with any of the terms hereof, the Seller reserves the right to withhold further deliveries or terminate the agreement of sale with oral or written notice and any unpaid amount shall thereupon become due.
(d) Buyer authorizes the Seller to offset against any amount, which the Seller owes to Buyer, any amount that Buyer owes to the Seller. Until the purchase price and all other sums due pursuant hereto are paid in full, if Buyer defaults with respect to any payments described herein, he shall pay the Seller for all costs and expenses, including legal expenses and attorney's fees, incurred by the Seller in exercising any of his rights or remedies.
(e) All unpaid balances are subject to a one point five percent (1.5%) finance charge per month if not paid within the agreed terms.
(f) Purchase orders used by corporate, educational, and government institutions will only be accepted by Seller if agreed to in writing prior to ordering. Contact one of Seller's account managers for qualifications and application details.
(g) Please be sure to provide billing information exactly as the credit card bank has it on file; failure to do so may result in processing & shipping delays and/or order cancellation.
9. Governing Law:
The formation, interpretation and performance of this agreement shall be governed by the internal laws of the State of California, including, except to the extent that the terms and conditions of this Invoice are clearly inconsistent therewith, any applicable provisions of California's Uniform Commercial Code. To the extent that this Agreement entails delivery or performance of services, such services shall be deemed "goods" within the meaning of the Uniform Commercial Code, except when to so deem such services, as "goods" would result in an absurdity.
10. Validity:
The invalidity, in whole or in part, of any terms or conditions of this Invoice shall not affect the validity of any other terms or conditions.
11. Disputes and Attorneys' Fees:
In the event of any litigation to enforce or interpret any terms of this Agreement, the parties agree that such action will be brought in the Superior Court of the County of Orange, California (or, if the federal courts have exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Southern District of California), and the parties hereby subject to the exclusive jurisdiction of said court. In no event shall the litigation of any controversy or the settlement thereof delay the performance of this Agreement. If an action is commenced to enforce payment as provided herein, Buyer agrees to pay the Seller's attorneys' fees, court costs and other costs of collection.
12. Complete Order:
This Invoice, which includes any supplemental documents attached hereto, sets forth the entire agreement, and supersedes all other oral or written provisions. THE PARTIES HEREBY AGREE THAT NO TRADE USAGE, PRIOR COURSE OF DEALING OR COURSE OF PERFORMANCE UNDER THIS AGREEMENT SHALL BE A PART OF THIS AGREEMENT OR SHALL BE USED IN THE INTERPRETATION OR CONSTRUCTION OF THIS AGREEMENT.
13. Trademarks:
All brand names are registered trademarks of their respective owners.
14. Pricing & Availablity:
Because of the fast-moving nature of the personal computing industry, prices, promotions and product availability are subject to change without notice. If Buyer has ordered a product that is subject to a price increase, Seller reserves the right to hold a Buyer's order and inform the Buyer of the increase.
15. Changes and Errors:
Seller reserves the right to make changes without notice due to market condition, manufacturer or supplier product discontinuation, or typographical, photographic or technical errors in online or print advertising. Seller reserves the right to cancel or refuse any such order whether or not the order has been confirmed and Buyer's credit card charged. NOTE: Products and packaging depicted may differ from stock availablity at the time of shipment; Seller reserves the right to substitute equivalent items.
16. Order Acceptance Policy:
Buyer's receipt of order confirmation does not signify Seller's acceptance of Buyer's order, nor does it constitute confirmation of Seller's offer to sell. Seller reserves the right at any time after receipt of Buyer's order to accept or decline Buyer's order for any reason. Seller reserves the right at any time after receipt of Buyer's order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2,000.00 US must obtain pre-approval with an acceptable method of payment, as established by Seller's credit and fraud protection department. Seller may require additional verifications or information before accepting any order.
17. International Orders:
Currently, TranscendUSA.com does not ship to countries outside of the 50 United States of America.
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