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 Agreement contains the terms and conditions that apply to your
purchase from the GammaTech entity named on the invoice (GammaTech) that
will be provided to you (Customer) on orders for computer systems, related
products, services and support sold in the United States. By accepting
delivery of the computer system(s), other products and or services and
support described on that invoice, Customer agrees to be bound by and
accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY,
UNLESS (i) THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH
GAMMATECH, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) OTHER
GAMMATECH STANDARD TERMS APPLY TO THE TRANSACTION. These terms and
conditions are subject to change and will take effect upon posting on
GammaTech’s website of the update to the terms and conditions.
Billing and Shipping Information.
To ensure that we meet your shipping needs, please pay special attention
when entering your billing, shipping and telephone information. For your
security, we reserve the right to verify all billing addresses with the
issuing bank and confirm all shipping addresses to protect each of our
customers from the potential risk of credit card abuse. GammaTech will ship
within the time frame requested and accepted by GammaTech. Accurate
billing and shipping information will allow us to accomplish this.
Pricing, Specifications & Availability
Prices, specifications, and availability of products are subject to change
without notice. Changes will not affect orders that have already been
accepted. Due to the volatile nature of the computer market, descriptions
may not reflect current technical information. Any typographical,
photographic, or specification error in product, pricing, or offers is
subject to correction. GammaTech may change its pricing, product
description, or specification after any order confirmation or response
e-mail, but prior to shipment due to errors, changing market conditions,
product discontinuation or unavailability, typographical errors, or any
other reason. Published prices do not include shipping and insurance.
Export: To comply with certain vendor agreements and government
regulations, GammaTech reserves the right to refuse the exporting of
products from the United States at any time. If you are purchasing
products for export, you are responsible for the necessary export
documentation before shipment is made to a foreign country. Manufacturer's
warranties may vary or be null and void for exported products.
1. Purchase & Sale:
The party whose name appears after the heading (Bill To:) is the
Purchaser, and hereby orders from GammaTech Computer Corp. (GammaTech), the
product(s) listed on the order invoice. GammaTech agrees to sell the
product(s) upon the terms and conditions contained in this document.
Purchaser shall be deemed to have agreed to all terms and conditions
contained in this document, if Purchaser fails to object thereto in
writing, before the earliest of the following times: (I) When Purchaser
pays for the product(s), or, (II) When Purchaser accepts delivery of the
2. Purchase Price:
Purchaser shall pay
the total purchase price plus shipping and handling, if any, as specified
on the invoice and any sales, or other applicable taxes levied on or
measured by such purchase price, or arising from the use of the product(s)
and any parts or maintenance supplied, including, without limitation, any
additional sales, use, gross receipts, privilege, excise, value added, or
personal property taxes unless otherwise specified in writing in this
3. Order Acceptance
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation
of our offer to sell. GammaTech reserves the right at any time after
receipt of your order to accept or decline your order for any reason.
GammaTech reserves the right at any time after receipt of your order,
without prior notice to you, to supply less than the quantity you ordered
of any item unless total fulfillment of product is specified on the order.
All orders placed over $100.00 (U.S.) must obtain pre-approval with an
acceptable method of payment, as established by our credit and fraud
avoidance department. We may require additional verifications or
information before accepting any order. Dispute of Charges is not
acceptable. If there is anything wrong with the merchandise, please
contact customer service for more information.
4. Shipments: Tax, Title and Risk of Loss
Unless otherwise specified in writing in this document, shipping terms are
FOB point of shipment. Invoice will list a separate line item for shipping
and handling charge. Unless Purchaser provides GammaTech with a valid tax
exemption certificate the Purchaser is responsible for sales tax and all
other taxes associated with the order. Title and risk of loss or damage to
the product(s) shall pass to Purchaser upon delivery to the carrier at
shipping point. Title to software will remain with the applicable
GammaTech Computer Corp.
inspect the product(s) at the time of delivery and shall notify GammaTech
of any defects or discrepancies within one (1) day of receipt of product(s).
Absent such notification, Purchaser shall be deemed to have accepted the
stated on the original invoice, GammaTech provides twelve months warranty
from the date of invoice for product(s). Our limited warranties with
additional warranty options and ExpressCare48 service plans are among the
best in the business. For an overview of our plans, refer to GammaTech.com
site for latest update. A complete list of the limited warranty terms and
conditions are included with the shipment and the following below.
product(s) that are returned to GammaTech must have freight prepaid,
according to the Return Material Authorization Procedure set forth in
Section 8 below. GammaTech reserves the right to replace defective parts
with equivalent parts, new or refurbished, as GammaTech deems necessary.
Purchaser shall bear all responsibility for shipping charges and risk of
loss or damage during transit to GammaTech. Products that have been
subjected to abuse, misuse, alteration, neglect or unauthorized repair or
installation, as determined solely by GammaTech, are not covered by
warranty. Any alterations, additions, improvements or attachments to the
product(s) not authorized in writing by GammaTech shall be deemed to be
a waiver of this warranty by Purchaser and shall render this warranty null
and void. GammaTech shall return repaired or replaced product(s) to
Purchaser, at its expense, via regular ground service within the 48
contiguous United States. Shipping charges by all other methods and to all
other destinations shall be born
e by Purchaser. The warranty does
not extend beyond the original Purchaser of Product(s) from GammaTech.
Opened software is non-returnable.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED
HEREIN, GAMMATECH DISCLAIMS AND
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. IN NO EVENT SHALL
GAMMATECH BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS
LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL
GAMMATECH'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
6. DOA Policy
If a product(s) fails,
does not properly function within 20 (twenty) days of the invoice date,
GammaTech will replace the product(s) subject to Purchaser obtaining
a valid RMA number. All authorization is provided after troubleshooting
with GammaTech’s Technical Support department prior to RMA being issued.
All product(s) requested and authorized as return for DOA (Dead on Arrival)
must be received by GammaTech within the thirty (30) days of original
7. RMA Credit
No credit will be issued unless approved by GammaTech.
Returns for credit shall only apply to product(s) purchased within the
first fifteen (15) days of original invoice date
which a 15% or
more restocking fee will be assessed and charged for product returned for
8. Return Material
A. To obtain a Return Material Authorization (RMA) Number, Purchaser must:
1. Download our RMA form or call
GammaTech Customer Service Representative at 1-510-492-0828. 2. Provide the
invoice number, date of purchase, and serial number of items to be
returned, and reason for return. RMA numbers are valid for 15 days from
date of issuance. If it is not received within 15 days from the issuance
you must obtain a new RMA number. Otherwise, the shipment will be refused.
GammaTech will not accept freight collect or any international shipment
requiring a Broker or Customs Fee as well as duty, or any other fee. It is
the Purchaser’s responsibility for any shipping and improper packing
B. Packing and Shipping
1. Attach a copy of the original invoice along with the RMA form with RMA
number issued by GammaTech. 2. Pack items in original shipping containers
with all accessories, including manuals, cables, diskettes, etc. For
product(s) repairs only, do not enclose the manuals or disks with the
returned product(s). GammaTech does not repackage or supply these
items on repair and cannot return the same items. Only the items sent for
repair will be returned. 3. Mark RMA number clearly on the outside of each
container. 4. Ship to GammaTech's factory service depot, freight prepaid
C. Replacement or repair will be made when GammaTech receives the
merchandise. No advance replacement is available. In the event a
product(s) under warranty cannot be repaired or replaced, an alternative
product(s) of equal or greater performance will be provided.
Cancellation & Unauthorized Returns.
If Purchaser purports to cancel its order and wrongfully refuses to accept
the product(s), Purchaser shall pay to GammaTech a sum equal to twenty (20)
percent of the sales price and, if shipment has been made, Purchaser shall
also reimburse GammaTech for all cost of shipment. Notwithstanding the
foregoing, if Purchaser attempts to return the product(s) without legal
excuse, GammaTech may, in its discretion, refuse delivery and pursue its
remedies hereunder and under applicable law, which shall include, for
example, the right to file a legal action against Purchaser for the full
purchase price and incidental damages suffered by GammaTech.
Payment shall be made promptly according to the terms shown on the
invoice. Beyond this period, invoices are considered to be past due. All
amounts not paid within these terms shall be subject to a service charge
of one and one-half percent (1.5%) per month or the maximum amount allowed
by law, whichever is more. Until the purchase price and all other charges
payable to GammaTech hereunder have been received in full, GammaTech hereby
retains a security interest in the products delivered to Purchaser and any
proceed therefrom. In the event of a default in payment by Purchaser,
GammaTech may take possession of the product(s) on Purchaser's premises or
elsewhere, and all rights of action for trespass or other causes are
waived. Purchaser shall cooperate in whatever manner necessary to honor
said security interests and hereby grants GammaTech power of attorney to
sign any documents necessary for such purpose in the event of Purchaser's
refusal or failure to do so. The extension of credit or the acceptance of
notes or guarantees of payment shall not affect such security interests
and liens. Purchaser agrees to pay a $25.00 charge for the returned check
and all collection costs including legal fees if applicable.
11. Jurisdiction and Venue
Buyer agrees that any legal action brought against GammaTech shall be
governed by the laws of the State of California without regard to its
conflict of law principles. Purchaser agrees that the sole jurisdiction
and venue for any litigation arising from orders made to GammaTech shall be
an appropriate federal or state court located in Alameda County
GammaTech may amend any terms and conditions at any time and take effect
upon posting on GammaTech’s website. This document sets forth the entire
and final understanding of Purchaser and GammaTech pertaining to the
subject matter hereof and super
scedes all prior agreements, whether
oral or written, and shall not be amended except by a written agreement
signed by both parties. GammaTech's agents have no authority to make
representations, warranties or promises, which are not contained in this
document. The failure of either party to enforce at any time, or for any
period of time, the terms of this document shall not be construed as a
waiver of such terms or the rights of such party thereafter to enforce
each term contained herein.
If any term contained in this document is held invalid by a court of
competent jurisdiction, such holding shall not affect the validity of any
other term. This document and all questions of interpretation,
performance, enforcement and the rights and remedies of the parties
hereunder shall be determined in accordance with the laws of the State of
California, USA. Any legal action or proceeding arising from or related to
this document or the transaction described herein shall be brought and
maintained in state court in Alameda County, California or in the Federal
District Court for the Northern District of California, and the parties
consent to the jurisdiction of these courts. No action, regardless of
form, arising out of or related to the transaction described in this
document may be brought by either party more than one year after the cause
of action arises, or in the case of non-payment, more than four years
after the date of this document.
Purchaser can request
RMA form at
www.gammatechusa.com then email it to
email@example.com for any RMA returns and questions.
The foregoing Terms and Conditions of Sales are subject to change by GammaTech at any time without notice.
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