InterConnection - Terms of Sale & Use
Last Updated: 1/1/2018
PLEASE READ THESE TERMS OF SALE CAREFULLY. BY CHECKING THE BOX ON OUR WEBSITE TO CONFIRM AGREEMENT TO THESE TERMS OF SALE OR BY PURCHASING ANY PRODUCTS FROM INTERCONNECTION, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE.
InterConnection ( “InterConnection,” “we,” or “us”), may make refurbished computers, laptops, and other electronics products (“Products”) available to you for purchase through our website (“Site”), our retail stores and through online platforms maintained by third parties, such as Ebay, Inc. Your purchase of any Products from us is governed by these Terms of Sale (“Terms”).
If you have any questions regarding these Terms, please contact us at: email@example.com.
1. Software Licensing – Hardware Ownership
General customers, qualified individuals and organizations may not transfer or resell any hardware purchased through all InterConnection Online Stores, which may come with preinstalled Microsoft software licenses, and agree to use or dispose of the Asset in accordance with all applicable laws and regulations.
2. Anti-discrimination Policy
To be eligible to participate in this program, organizations must attest to the following statement:
My organization does not have a policy or mission of discriminating in hiring, compensation, access to training or services, promotion, termination, and/or retirement based on race, color, sex, national origin, religion, age, disability, gender identity or expression, marital status, pregnancy, sexual orientation, political affiliation, union membership, or veteran status.
My organization is a religious organization, and any discriminatory practices of my organization are exempt from laws that otherwise prohibit such discrimination.
3. Pricing; Availability; Taxes
All prices for Products are shown in U.S. dollars and any applicable taxes, shipping and handling charges are additional. All Products are subject to availability and InterConnection reserves the right to impose quantity limits on any order or to reject all or part of an order even if you have already submitted your order.
If you do not pay any taxes in connection with your purchase of Products from InterConnection, you will be responsible for such taxes in the event that they are later determined to be payable. InterConnection reserves the right to collect such taxes from you at any time.
Only valid credit cards and other payment methods acceptable to us may be used to purchase Products and services from us. You represent and warrant that you are authorized to use your designated payment method and you authorize us to charge your order (including applicable taxes, shipping, handling and any other amounts described) to that payment method. When you provide your payment information to us, you authorize us (or our third-party payment processor) to process and store your payment and related information. In the event that the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable to us, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter with your payment method in order to proceed with your order.
5. Shipping & Handling
We will provide you with information about applicable shipping charges (if any) at checkout before you place your order. If shipping and handling charges are not shown as additional charges, shipping is included in the purchase price. All orders placed through the Site or any third-party online service are shipment contracts, not destination contracts, so the title and risk of loss or damage to all Products will pass to you upon InterConnection’s delivery of the Products to its transportation carrier. Any shipping or delivery dates or times shown on the Site or any third-party online service are estimates only and actual delivery dates and times may vary.
6. Export Controls
You will comply with all applicable export control laws of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations (“Export Laws”). You will not, directly or indirectly, export, re-export, or otherwise dispose of any Products or related technology: (i) to any individual, entity, or country prohibited by Export Laws, including, without limitation, the prohibition against exports (A) into, or to a national or resident of, any country subject to a U.S. embargo or similar export restrictions (i.e., Cuba, Iran, Sudan, Syria and North Korea), or (B) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, or other export control lists; or (ii) for any other purpose prohibited by Export Laws.
If, for any reason, a Product you purchased from InterConnection does not meet your expectations, then you may return it to us provided that you meet the following requirements: (a) email InterConnection at firstname.lastname@example.org for a Return Merchandise Authorization form (RMA), specifying “RMA” in the subject line, (b) return the Product with the completed RMA number clearly visible on the return package within 10 business days of your receipt of the Product, and (c) return the Product in all original packaging and without alterations to the Product’s condition after receipt. The title and risk of loss or damage to any Products returned to InterConnection will pass to InterConnection upon its actual receipt and acceptance of such returned Products.
If we receive a valid return, we will provide one of the following in our sole discretion: (a) an exchange of merchandise for the Product returned, (b) a non-transferable merchandise credit, (c) a non-transferable gift certificate or gift card, or (d) a credit to the payment method used to pay for the Product.
Shipping and handling charges are not refundable unless an error occurred on our part in shipping your order or your order is damaged upon your receipt. In the event that your order arrives damaged or contains incorrect items, you must notify InterConnection of the error or damage during your request for an RMA, and InterConnection will provide a prepaid return label.
8. Limited Warranty for Products
(a) 12-MONTH LIMITED WARRANTY
InterConnection warrants that the Products you purchase from InterConnection shall be free from defects in materials and workmanship for a period of twelve (12) months from the original date of purchase (the “Warranty Period”). This warranty applies only to hardware, not software. In the event that InterConnection (or its authorized agent) in its sole discretion determines that the Product failed to conform to this Limited Warranty during the Warranty Period, InterConnection (or its authorized agent) will replace the Product. If an equivalent Product is no longer available, the replacement will meet or exceed the specifications of the original and may contain new, used, reconditioned or re-manufactured parts. Replacements provided under this Limited Warranty are warranted through the end of the Warranty Period for the original Product. This Limited Warranty is only valid for the original purchaser of the Product and is not transferable.
(b) LIMITED WARRANTY RETURN PROCEDURE
To obtain service under this Limited Warranty, the Product must be returned within the Warranty Period and must be accompanied by proof of purchase. To initiate a Limited Warranty return, please contact: email@example.com and (206) 633-1517. InterConnection will not be responsible for shipping charges, loss or damage in transit, shipping containers or packing supplies. Items attached to or added to the Product by you after purchase will not be returned to you or reinstalled on the replacement Product.
(c) WARRANTY EXCLUSIONS
This Limited Warranty covers defects in materials or workmanship in hardware arising during normal use of the Product and excludes: (i) Products sold in bulk quantities, which are governed by a separate contract with InterConnection; (ii) any pre-installed software (if any), including the operating system; (iii) peripherals and accessories not included in your purchase; (iv) batteries, toner cartridges or other operating supplies or consumables; (v) Products with missing or altered service tags or serial numbers; and (v) Products for which InterConnection has not received payment; (v) loss caused by neglect, accident, misuse, abuse, peripheral equipment, or servicing or modifications by anyone other than InterConnection or its authorized agent; (vi) damage or loss resulting from any natural disaster, including flood, fire, earthquake, or lightning; (vii) damage or loss resulting from electrical surges or use of improper power sources; (viii) damage or loss resulting from liquid spills; (ix) preventative or routine maintenance; and (x) cosmetic scratches, dents or other cosmetic imperfections.
(d) DISCLAIMER OF ALL OTHER WARRANTIES
THE LIMITED WARRANTY IS INTERCONNECTION’S SOLE WARRANTY FOR THE PRODUCTS AND SOLD BY INTERCONNECTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERCONNECTION EXPRESSLY DISCLAIMS ALL OTHER CONDITIONS AND WARRANTIES OF ANY KIND, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE LIMITED IN DURATION TO THE WARRANTY PERIOD ABOVE. INTERCONNECTION EMPLOYEES AND AGENTS ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS LIMITED WARRANTY OR TO MAKE ANY ADDITIONAL WARRANTIES. ACCORDINGLY, ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES, ARE NOT BINDING ON INTERCONNECTION AND SHOULD NOT BE RELIED UPON BY THE PURCHASER.
(e) CHANGES TO THE LIMITED WARRANTY
InterConnection reserves the right to change its Limited Warranty terms for all Products distributed after the date of such change in Limited Warranty.
(f) LIMITATION ON REMEDY
InterConnection’s responsibility under this Limited Warranty shall be limited solely to replacement of the Product covered by this Limited Warranty, as provided above in this Section 6.
(g) WARRANTY RIGHTS MAY VARY
This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow limitations on how long an implied warranty lasts, so the limitation in Section 6(d) may not apply to you.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERCONNECTION, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCTS OR THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY LOSS OF GOODWILL, PROFITS OR RETURN, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, LOSS OF DATA, LOSS OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF ANY PARTY DEALING WITH YOU. YOU EXPRESSLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERCONNECTION’S AGGREGATE LIABILITY ARISING OUT OR RELATING TO THESE TERMS OR YOUR PURCHASE AND/OR USE OF ANY PRODUCT SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO INTERCONNECTION FOR THE PRODUCT.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. Disclaimer of Affiliation or Endorsement
Reference to any Products, services, processes or other information of any third-party manufacturer or supplier, by trade name, trademark or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by InterConnection.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.