Custom Solutions Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ( "SALE AGREEMENT" )
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS
TERMS AND CONDITIONS ( UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL
PURCHASE AGREEMENT WITH CUSTOM SOLUTIONS. ( "CS" ), IN
WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN ).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Custom
Solutions. The Customer accepts this Sale Agreement by making a purchase,
placing an order, or otherwise shopping on the Site. ( References
to "you" or "your" shall relate to the Customer;
references to "CS" shall relate to Custom Solutions and its
affiliates. ) The terms and conditions of this Sale Agreement are
subject to change without prior notice, except that the terms and
conditions posted on the Site at the time the Customer initially places
or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer
and CS relating to the purchase or sale of goods or services on the Site.
The Sale Agreement may only be modified or terminated with regard to goods
or services that have been purchased or sold on the Site in a writing signed
by CS. Electronic records (including signatures), that are otherwise valid,
shall be accepted under the Sale Agreement. The Customer consents to receiving
electronic records, which may be provided via a web browser or e-mail application
connected to the Internet; consumers may withdraw consent to receiving
electronic records or have the record provided in non-electronic form by
contacting CS at the address provided below.
In the event of any conflict between the terms and conditions stated
on your purchase order and this Sale Agreement or any terms and conditions
on our invoice, you agree that the provisions of this Sale Agreement and
our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF
THE STATE OF SOUTH CAROLINA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS
LOCATED IN CHARLESTON COUNTY, SOUTH CAROLINA FOR PURPOSES OF ANY SUIT,
ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased passes to the purchaser upon delivery
of the goods to the purchaser, unless otherwise specified. Loss or damage
that occurs during shipping by a carrier selected by CS is CS's responsibility.
Loss or damage that occurs during shipping by a carrier selected by Customer
is Customer's responsibility. Title to software will remain with the applicable
If goods herein being purchased are being purchased for purposes of export,
the Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties
for exported goods may vary or even be null and void for goods exported
outside the United States. Any and all liability is only for the products
General Legal Disclaimer
CS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY CS IN NO WAY AFFECTS THE
TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY
Third-Party Product and Y2K Disclaimer
All products sold by CS are third party products and are subject to the
warranties and representations of the applicable manufacturers, including
but not limited to Y2K compliance. Accordingly, CS makes no representation
or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, CS
reserves the right to make adjustments due to changing market conditions,
product discontinuation, manufacturer price changes, errors in advertisements
and other extenuating circumstances. High volume bids are welcome!
While CS uses reasonable efforts to include accurate and up-to-date
information on the Site, CS makes no warranties or representations as
to the Site's accuracy. CS assumes no liability or responsibility for
any errors or omissions in the content on the Site.
Limitation of Liability
CS will not be liable for lost profits, loss of business or other consequential,
special, indirect, or punitive damages, even if advised of the possibility
of such damages, or for any claim by any third party except as expressly
provided herein. CS will not be liable for products or services not being
available for use or for lost or corrupted data or software. Customer agrees
that for any liability related to the purchase of products or services,
CS is not liable or responsible for any amount of damages above the aggregate
dollar amount paid by Customer for the purchase(s) under this agreement.
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) arising from or relating to
this Sale Agreement, its interpretation, or the breach, termination or
validity thereof, the relationships which result from this Sale Agreement
(including, to the full extent permitted by applicable law, relationships
with third parties who are not signatories to this Sale Agreement), CS's
advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION
FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code")
in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com
or can be obtained by calling 1-800-753-9448. Notwithstanding any choice
of law provision included in this Sale Agreement, this arbitration agreement
is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16)
and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement
of the award is sought). Hearings shall be held as provided by the Code
and if any In-person Hearing is required, it shall be held in Charleston,
South Carolina. Any court having jurisdiction may enter judgment on the award
rendered by the arbitrator(s). Each party shall bear its own cost of any
legal representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon CS until accepted by CS. Terms of payment
are within CS's sole discretion. Invoices are due and payable within the
time period noted on the invoice, measured from the date of the invoice.
CS may invoice parts of an order separately. Customer agrees to pay interest
on all past-due sums at the highest rate allowed by law. The Customer is
responsible for sales and all other taxes and import duties associated with the order.
All orders are shipped by the method specified by the Customer unless CS
is aware of circumstances that might cause the delay of the delivery
of the order in which case CS is free to ship by an alternate shipper at
CS's discression. Shipping and handling charges for multiple part orders vary;
contact your CS account manager for our most current and competitive rates,
options and shipping specials. For the Customer's protection, we ship only
to an address that can be verified according to our standards. In some
circumstances, international shipping may be available. Call for details.
• CS offers a 30-day return policy on selected items based on manufacturer
return policies. For further information not listed, please contact your
CS account manager.
• Please call 888-414-5846 or e-mail our Customer Relations Department
to obtain a Return Merchandise Authorization (RMA) number before shipping
your product back to CS. Returns may not be accepted without a valid RMA
number. For faster service, please have the following information on hand
when calling for an RMA number: customer name, invoice number, serial number
and the reason for the return.
• All products returned MUST: be 100 percent complete and contain ALL original
manufacturer boxes with the original UPC code and packing materials, all
manuals, blank warranty cards, accessories and any other documentation
included with the original shipment.
• Shipping charges on returned items are the Customer's responsibility;
CS will match the shipping method and pay for shipping on replacement
or exchange item(s).
• For your protection, we strongly recommend you fully insure your return
shipment in case of loss or damage . Please use a carrier that is able
to provide you with proof of delivery.
• If you receive damaged merchandise, it is best to REFUSE it back to the
carrier attempting delivery. If you accept the package make sure it is
noted on the carrier's delivery record in order for CS to file a damage
claim. Save the merchandise AND the original box and packing it arrived
in, notify CS immediately to arrange for a carrier inspection and a pick
up of damaged merchandise. If you do not notify CS of damaged goods within
the first 15 days of arrival, our regular return policy will override any
claim of damage, and will fall under all current manufacturer restrictions.
Contact Customer Relations at 888-414-5846 or your CS account manager
to arrange for carrier inspection and a pick up of damaged merchandise.
• DEFECTIVE returns can be returned directly to CS within 30 days from
the invoice date, at CS's discretion for: credit, replacement, exchange
• Manufacturer restrictions do apply and are outlined in our detailed policy.
Any item that is missing the UPC code will ONLY be replaced with the same
item. After 30 days, all manufacturers' warranties apply.
• NON-DEFECTIVE returns can be accepted directly by CS within 30 days
from the invoice date, at CS's discretion for: credit or exchange.
• All NON-DEFECTIVE returns are subject to a 20 percent restocking fee.
• Additional manufacturers may be added to this list as: manufacturer policies
change, manufacturers go out of business or in the case of specially ordered
• CS reserves the right to authorize product returns beyond 30 days from
the invoice date. IF the product is accepted after 30 days, credit will
be issued toward FUTURE PURCHASES ONLY. Original shipping charges are not
refunded on returned items.
Defective Software Return Policy
• Defective software can be returned to CS. The return
must take place within 30 days of invoice date and may only be replaced
for the SAME software.
Non-Defective Software Return Policy
• Unopened software may be returned for refund or
exchange within 30 days of invoice date. Multiple software licenses
cannot be returned for refund or exchange unless first authorized by the
• All NON-DEFECTIVE returns are subject to a 20 percent restocking fee.
NOTE: Multiple software licenses cannot
be returned for refund or exchange unless first authorized by the manufacturer.
Multiple licenses may not be returned beyond 30 days for any reason.
Check Payment Policy
CS will accept personal or business checks subject to verification.
CS will accept business checks for prepay orders and for Net 30 orders.
Credit card charges are not submitted until time of shipment unless the
item is a special order to be Drop Shipped by the Manufacturer directly to the Customer. CS does
not apply any surcharge for credit cards.
Wire Transfer Payment Policy
CS will accept Wire Transfer for prepay, allow 5
days for Wire Transfer process to complete.