Legal

U.S. Terms and Conditions of Sale PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions ("Agreement") apply to your purchase of computer systems and/or related products and/or services and support sold in the United States ("Product") by the ACSA LLC dba ASAP Computer Services entity named on the invoice or acknowledgement ("ACSA LLC dba ASAP Computer Services") provided to you. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify ACSA LLC dba ASAP Computer Services Immediately.  If returned, Product(s) must remain in the boxes in which they were sold and shipped. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH ACSA LLC DBA ASAP COMPUTER SERVICES, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER ACSA LLC DBA ASAP COMPUTER SERVICES TERMS AND CONDITIONS APPLY TO THE TRANSACTION. 1.     Other Documents.  This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and ACSA LLC dba ASAP Computer Services. 2.     Payment Terms; Orders; Quotes; Interest.  Terms of payment are within ACSA LLC dba ASAP Computer Services’ sole discretion, and unless otherwise agreed to by ACSA LLC dba ASAP Computer Services, payment must be received by ACSA LLC dba ASAP Computer Services prior to ACSA LLC dba ASAP Computer Services’ acceptance of an order. Payment for the products will be made by credit card, check, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by ACSA LLC dba ASAP Computer Services. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. ACSA LLC dba ASAP Computer Services may invoice parts of an order separately. Your order is subject to cancellation by ACSA LLC dba ASAP Computer Services, at ACSA LLC dba ASAP Computer Services’ sole discretion. Unless you and ACSA LLC dba ASAP Computer Services have agreed to a different discount, ACSA LLC dba ASAP Computer Services’ standard pricing policy for ACSA LLC dba ASAP Computer Services-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. ACSA LLC dba ASAP Computer Services is not responsible for pricing, typographical, or other errors, in any offer by ACSA LLC dba ASAP Computer Services and reserves the right to cancel any orders resulting from such errors. 3.     Shipping Charges; Taxes; Title; Risk of Loss.  Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from ACSA LLC dba ASAP Computer Services to Customer on shipment from ACSA LLC dba ASAP Computer Services’ facility. Loss or damage that occurs during shipping by a carrier selected by ACSA LLC dba ASAP Computer Services is ACSA LLC dba ASAP Computer Services’ responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify ACSA LLC dba ASAP Computer Services within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide ACSA LLC dba ASAP Computer Services with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. Title to software will remain with the applicable licensor(s). 4.     Warranties.  ACSA LLC DBA ASAP COMPUTER SERVICES MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-ACSA LLC DBA ASAP COMPUTER SERVICES BRANDED PRODUCT. SUCH PRODUCT IS PROVIDED BY ACSA LLC DBA ASAP COMPUTER SERVICES "AS IS". WARRANTY AND SERVICE FOR NON-ACSA LLC DBA ASAP COMPUTER SERVICES BRANDED PRODUCT, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY ACSA LLC DBA ASAP COMPUTER SERVICES. ACSA LLC DBA ASAP COMPUTER SERVICES MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN ACSA LLC DBA ASAP COMPUTER SERVICES’ APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. WARRANTIES AND SERVICE WILL BE EFFECTIVE, AND ACSA LLC DBA ASAP COMPUTER SERVICES WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES AND SERVICES, ONLY UPON ACSA LLC DBA ASAP COMPUTER SERVICES’ RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED OR SERVICED. 5.     Software.  All software is provided subject to the license agreement that is part of the software package and you agree that you will be bound by such license agreement. 6.     Return Policies; Exchanges  ACSA LLC dba ASAP Computer Services’ return policy is; all sales are final. 7.     Changed or Discontinued Product.  ACSA LLC dba ASAP Computer Services’ policy is one of ongoing update and revision. ACSA LLC dba ASAP Computer Services may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." ACSA LLC dba ASAP Computer Services will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned. 8.     Service and Support.  Service offerings may vary from Product to Product. If you purchase optional services and support from ACSA LLC dba ASAP Computer Services, ACSA LLC dba ASAP Computer Services and/or your third-party service provider will provide such service and support to you in the United States in accordance with the terms and conditions located at on your invoice or as mailed to you. You may contact ACSA LLC dba ASAP Computer Services for more information. ACSA LLC dba ASAP Computer Services and/or the third-party service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. ACSA LLC dba ASAP Computer Services has no obligation to provide service or support until ACSA LLC dba ASAP Computer Services has received full payment for the Product or service/support contract you purchased. ACSA LLC dba ASAP Computer Services is not obligated to provide service or support you purchase through a third party and not ACSA LLC dba ASAP Computer Services. 9.     Limitation of Liability.  ACSA LLC DBA ASAP COMPUTER SERVICES DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ACSA LLC DBA ASAP COMPUTER SERVICES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, ACSA LLC DBA ASAP COMPUTER SERVICES IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. 10.  Applicable Law; Not For Resale or Export.  You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export. ACSA LLC dba ASAP Computer Services has separate terms and conditions governing resale of Product by third parties and transactions outside the United States. 11.  Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND ACSA LLC DBA ASAP COMPUTER SERVICES arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, ACSA LLC dba ASAP Computer Services’ advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.   12.  Headings.  The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from. 13.  Binding Arbitration.  ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND ACSA LLC DBA ASAP COMPUTER SERVICES, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "ACSA LLC dba ASAP Computer Services") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), ACSA LLC dba ASAP Computer Services’ advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between customer and ACSA LLC dba ASAP Computer Services. NEITHER CUSTOMER NOR ACSA LLC DBA ASAP COMPUTER SERVICES SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. ACSA LLC dba ASAP Computer Services will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.