Order Placement and Payment Policies
The specials on memory sales as made mention of in the descriptions of the memory are for 'In Store' purchases only. This does not describe the online store, but the actual retail store where our business is located. Memory sales are also limited to one piece of memory per day per customer at the special sale price.
Terms and Conditions of Sale
All quotations and sales by PTN, Computer Sales & Services, Inc., its subsidiaries or affiliates ("Seller") are subject to the following terms and conditions.
ACCEPTANCE: ENTIRE AGREEMENT; MODIFICATION. This agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supercedes all proposals, oral or written, all negotiations, conversations and/or discussions between the parties relating to this Agreement and all past courses of dealing or industry customs. SELLER SHALL NOT BE BOUND BY ANY ADDITIONAL PROVISION AT VARIANCE HEREWITH THAT MAY APPEAR IN CUSTOMER'S PURCHASE ORDER, ACKNOWLEDGMENT, OR IN ANY OTHER COMMUNICATION FROM CUSTOMER TO SELLER UNLESS SUCH PROVISION IS EXPRESSLY AGREED TO IN WRITING SIGNED BY AN AUTHORIZED OFFICER OF SELLER. Seller's acceptance of payment for Products shall not constitute acceptance of any counter-proposal, purchase order or other communication from Customer to Seller not otherwise accepted in writing signed by an authorized officer of Seller. The terms and conditions set forth herein shall constitute the entire agreement between Customer and Seller and no change, modification, amendment, suspension, revision or termination of the terms and conditions set forth herein shall be binding upon Seller unless made in writing and signed by an authorized officer of Seller.
DELIVERY. Unless otherwise agreed to in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Title to, and all risk of loss or damage with respect to the Products shall pass to Customer upon delivery by Seller to Customer's representative. Delivery is subject to the payment provisions set forth herein and to Seller's receipt from Customer of all necessary information and documentation from Customer, including all import certificates, licenses and other documents as may be required from Customer for export of the Products. Seller shall not be held liable for any shipment delays beyond the reasonable control of Seller which affect Seller or any of Seller's suppliers, including but not limited to delays caused by unavailability or shortages of Products from Seller's suppliers; natural disasters, acts of war, fire, flood, strike, riot, or governmental interference; unavailability or shortage of materials, labor, fuel or power through normal commercial channels at customary and reasonable rates; failure or destruction of plant or equipment arising from any cause whatsoever; or transportation failures.
CHANGES. No changes to Customer's order may be made without Seller's prior written authorization.
EXTRA CHARGES. Extra charges may be imposed by Seller, at its sole discretion, for changes to Customer's order which are requested by Customer and approved by Seller pursuant to Paragraph 3 above.
PRICE AND PAYMENT. The Products are being invoiced at the prices specified on the front of invoice. Unless otherwise provided, Customer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use, and similar taxes), as well as import or customs duties, license fees and similar charges. Exemption certificates must be presented prior to shipment if they are to be honored. Unless otherwise specified, payment terms are credit cards only; C.O.D. is also acceptable for counter sales. Seller shall have no continuing obligation to deliver Products on credit, and Seller may withdraw any credit approval at any time without prior notice. Seller hereby retains (and Customer grants to Seller) a purchase money security interest in all Products sold by Seller to Customer, and in the proceeds of any resale of such Products, until the purchase price and any other charges due to Seller have been paid in full. Customer agrees to execute any financial statements Seller may request in order to protect Seller's security interest. Upon any breach by Customer of these terms and conditions, Seller shall have all rights and remedies of a secured party under Uniform Commercial Code, which rights and remedies shall be cumulative and not exclusive. Customer is responsible for all costs and expenses reasonably incurred by Seller in collecting any sums owed by Customer (which may include, but not be limited to, reasonable attorney's and collection agency fees). If Seller incurs costs collecting on any judgment arising out of customer's breach, customer will be responsible for them, and this provision will survive the entry of such judgment. All unpaid invoices shall bear interest at a variable per annum rate equal to the lesser of (i) the highest rate allowed by law, and (ii) U.S. Prime Rate plus 14.1%, where the U.S. Prime Rate is as published by the Wall Street Journal on the third Tuesday of March, June, September, and December of each year, provided that whenever any such adjustment date falls on a weekend or holiday, the prime rate published by the Wall Street Journal on the next business day shall apply. If more than one prime rate is reported, Seller may choose the highest rate. If the Wall Street Journal ceases publication or to publish the prime rate, Seller may use the prime rate published in any other newspaper of general circulation, or Seller may substitute a similar reference rate at its sole discretion. Customer's failure to make timely payment may result in such action as revocation of credit, delay or cessation of future deliveries, repossession of unpaid delivered goods and termination of this agreement or any one or more of these.
RECLAMATION. If Seller discovers that Customer has received Products on credit while insolvent, Seller may reclaim the Products upon demand made within thirty (30) calendar days after Customer's receipt of such Products. The said thirty (30) day restriction does not apply if Customer has made a misrepresentation of solvency in writing to Seller within three (3) months prior to delivery of the Products.
TRANSPORTATION. In the absence of specific shipping instructions, Seller will use its own discretion in choice of method of transportation and carrier. Seller assumes no responsibility for insuring shipment unless specified by Customer, in which event such insurance shall be based on Customer's valuation and at Customer's expense. All claims for damage and loss, whether apparent or concealed, shall be filed by Customer with the carrier. Seller assumes no responsibility for any such damage or loss.
CANCELLATION. Except as otherwise set forth in Paragraph 11 below, once Customer has placed the order set forth on the face hereof, an order may be canceled by Customer only with the written consent of Seller and upon payment by Customer of all expenses (including, without limitation, transportation and handling charges, overhead and administrative expenses) already incurred on the order by Seller prior to the effective date of cancellation. This remedy is not exclusive, but it is in addition to all other remedies available to Seller under the Uniform Commercial Code for Customer's breach of this contract (including, but not limited to, recovery of incidental damages and cover costs). In addition thereto, Seller reserves the right to impose on Customer a minimum cancellation charge equal to twenty percent (20%) of the purchase price of the canceled order. At any point of the transaction the Seller reserves the right to cancel the order for any reason that may remain unspecified.
LIMITATION OF LIABILITY FOR DELAY IN DELIVERY. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A DELAY IN DELIVERY OF PRODUCTS DUE TO ANY CAUSE BEYOND SELLER'S CONTROL, AS SET FORTH IN PARAGRAPH 2 ABOVE. IN THE EVENT OF A DELAY IN DELIVERY OF PRODUCTS DUE TO ANY OTHER REASON, SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES.
INSPECTION AND WARRANTY; LIMITATION OF LIABILITY. Customer shall inspect all Products promptly upon receipt thereof. All Customer complaints regarding Products must be made promptly in writing by Customer to Seller and must specify, in reasonable detail, the deficiencies claimed. Subject to the limitations set forth in Paragraph 7 above, Seller warrants that Products will, when delivered, conform to generally accepted industry standards. SELLER WILL, AT ITS OPTION, REPLACE, OR ISSUE A CREDIT TOWARDS FUTURE PURCHASES OR REFUND TO CUSTOMER FOR ANY NONCONFORMING PRODUCTS, PROVIDED THAT: (A) PRODUCTS ARE NOT PHYSICALLY AND/OR INTERNALLY DAMAGED: AND (B) CUSTOMER FURNISHES TO SELLER WRITTEN NOTICE, IN REASONABLE DETAIL, OF THE NONCONFORMITY OF THE PRODUCTS WITHIN THE WARRANTY PERIOD SPECIFIED IN SELLER'S WARRANTY POLICIES, AFTER THE DELIVERY THEREOF: AND (C) CUSTOMER RETURNS TO SELLER, AT CUSTOMER'S EXPENSE AND RISK, WITHIN TEN (10) CALENDAR DAYS OF CUSTOMER'S RECEIPT OF RETURN MERCHANDISE AUTHORIZATION FOLLOWING SELLER'S RECEIPT OF SAID NOTICE, THE PRODUCTS CLAIMED BY CUSTOMER TO BE NONCONFORMING. A new warranty period shall not be established for any replaced Products, and such replaced Products shall remain under warranty only to the extent of, and for the remainder of, the period of the original warranty. This warranty does not extend to any Products which have been subjected to any of the following actions or circumstances caused by the Customer or by any persons or entities other than Seller: (a) improper or inadequate handling or storage; (b) accident, damage, abuse or misuse; (c) abnormal or unusual conditions or uses; or (d) conditions or uses not made known to Seller prior to the date hereof. In the event of Seller's liability hereunder, whether based on contract, tort (including, but not limited to, negligence and strict liability) or otherwise, Customer's sole and exclusive remedy will be limited to, at Seller's option, the replacement by Seller of, or the issuance of a credit or refund to Customer for, that portion of the purchase price paid by Customer attributable to any nonconforming Products which are returned to Seller in accordance with this Paragraph. This warranty extends to Customer only and not to any other person or entity (including, but not limited to, any user(s) or consumer(s) of the Products other than Customer). EXCEPT FOR THE FOREGOING WARRANTY, THERE ARE NO REPRESENTATIONS, PROMISES OR WARRANTIES EITHER EXPRESS OR IMPLIED, MADE BY SELLER IN CONNECTION WITH THE SALE OF THE PRODUCTS HEREUNDER. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY LOSSES OR DAMAGES PERTAINING IN ANY WAY TO THE SALE OR DELIVERY OF PRODUCTS HEREUNDER, NOR SHALL SELLER BE LIABLE OR RESPONSIBLE FOR ANY WARRANTY(IES), EXPRESS OR IMPLIED, MADE TO CUSTOMER BY ANY OTHER PERSON OR ENTITY.
BANKRUPTCY OR INSOLVENCY. Subject to Paragraph 6 above, either party may cancel this order in the event of the institution of proceedings relating to insolvency, bankruptcy, reorganization, arrangement or liquidation by or against the other party, or if the other party shall make an assignment for the benefit of creditors.
WAIVER. Neither the failure of nor any delay on the part of Seller to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof in any later instance. No waiver by Seller shall be effective unless it is in writing and is signed by an authorized officer of Seller.
PRODUCTS. Unless specifically otherwise agreed to in writing by Seller, Customer acknowledges that products sold by Seller are not intended for and will not be used in life support systems, human implantation, nuclear facilities or systems or any other application where product failure could lead to loss of life or catastrophic property damage. Customer will indemnify and hold Seller harmless from any loss, cost, or damage resulting from Customer's breach of the provisions of this paragraph.
SOFTWARE AND/OR DRIVERS. Any software included in or relating to the products is supplied by the manufacturer. Seller makes no representation or warranty with respect thereto and shall have no liability in connection therewith. Customer agrees to comply with the manufacturer's or other requirements with regard to proprietary and similar rights in and to such software (including any requirement to enter into a separate license agreement and prohibitions against duplicating or disclosing the same), even if the seal on any "shrink wrapped" software has been broken by Seller, and shall indemnify Seller against and hold it harmless from any and all liability, cost, or expense arising from a breach or purported breach of such requirement.
GOVERNING LAW; VENUE. This contract and the sale of goods contemplated hereby has been made in, and shall be construed and enforced in accordance with the laws of the State of Minnesota, notwithstanding any Minnesota or other conflict-of-laws rules to the contrary. Any legal action brought by either party hereto against the other party to enforce any rights or obligations arising out of this contract shall only be instituted in a federal or state court of competent jurisdiction for the County of Ramsey, State of Minnesota. If either party hereto is named as a defendant in any action brought in connection herewith in any other court, such party shall have the right to have the venue of such action changed to a federal or state court of competent jurisdiction in the County of Ramsey, State of Minnesota, or, if necessary, to have such action dismissed, requiring the party bringing such action in accordance with the venue requirement of this Paragraph. Customer and Seller each consent to jurisdiction over their person by, and agree to submit personally to the jurisdiction of the appropriate federal or state court of competent subject matter jurisdiction for the County of Ramsey, State of Minnesota.
SEVERABILITY. If any provision of this contract is held to be invalid or unenforceable by a federal or state court of competent jurisdiction, the enforceability of all remaining provisions of this contract will not be impaired and will remain in full force and effect.
Returns Policy and Procedure
If your product becomes defective within its return-or-exchange warranty period, if any, you may return it for a refund, if applicable, or an immediate replacement. Closeout, open-box, and refurbished items carry a much shorter 7-Day-Return-Only warranty and may only be returned for refunds, and not for replacement or repairs. Special-Order items are not returnable. Non-defective returns, if allowed, must be made within the return-or-exchange warranty period. Non-defective returns are subject to restocking fees - 15% on most items, 20% for Upgrade Packages, and 25% for Systems. No product may be returned after 30 days from purchase date.
If your product becomes defective after the return-or-exchange warranty period, but within the manufacturer warranty period, if any, you may return it to PTN, Computer Sales & Services, Inc. ("PTN") for replacement from the manufacturer. Replacements through the manufacturer take about 10-12 weeks to complete.
LCD Monitors: PTN will exchange for new or provide a full refund within the first 30 days for 15" LCD monitors with 4 or more dead pixels. 17" LCD Monitors with 7 or more dead pixels and 18" LCD monitors with 10 or more dead pixels. Any LCD monitor returns made within 30 days that do not satisfy the dead pixel policy will have a 15% restocking fee, no exceptions. After the first 30 days PTN will honor the manufacturers' warranty and its respective policies.
Before returning any item, you must contact our RMA (Return Merchandise Authorization) department at Felicia@ptncomputers.com within the return-or-exchange warranty period for an RMA Number. The following information is required to issue an RMA number:
PTN Invoice number on which product was purchased.
PTN Part Number of product for which RMA number is being requested.
Reason for return of product.
Address where replacement product is to be shipped.
Telephone number where you may be reached.
Email address where RMA number should be emailed.
Optionally: Fax number where RMA number should be faxed.
Please read the following regarding our RMA policies and procedures:
PTN will NOT accept any return without an RMA number.
Requests for RMA numbers must be made within the individual warranty periods, if any, of the products.
Please allow at least 48 hours for an RMA number to be issued.
Each RMA number is good for only one (1) item.
RMA numbers are good for ten (10) days only. Product(s) must be shipped back to PTN before their RMA number(s) expire. Otherwise new RMA number(s) must be requested. New RMA number(s) will be issued only if the warranty period(s) of the product(s) are still in effect.
All items must be in original condition with all packing material, manuals, software, and registration card(s).
If part of a product becomes defective, the full product must be returned for credit or replacement.
Returns must be sent via UPS, Federal Express, Airborne Express or any courier that issues a tracking number.
Please do not include any paperwork with your shipment.
RMA number(s) must be written on the label(s) on the outside of the package(s), and not on the package(s) itself. RMA number(s) must match the product(s) authorized for return.
Customer will prepay all shipping and handling charges when sending product(s) back to PTN. Customer will cover shipping and handling charges when PTN sends replacement item(s) back to customer.
Non-defective items, if returnable for refund or credit, will be charged restocking fees - 25% for Systems, 20% for Upgrade Packages, and 15% for all other items. Shipping and handling charges will not be refunded.
Please allow 2-4 weeks for credit.
For replacements, once the original item(s) are received, the replacement order will be processed.
RMA replacements are held for six (6) months. After that all unclaimed items become the property of PTN.
Prices and availability subject to change without notice. PTN, Computer Sales & Services, Inc. is not responsible for graphical and typographical errors. All trademarks and logos are the properties of their respective owners. PTN, Computer Sales & Services, Inc. reserves the right to limit sale quantities of all products. By placing an order with PTN, Computer Sales & Services, Inc. you indicate that you have read and accept PTN, Computer Sales & Services, Inc.'s policies regarding Order Placement & Payment Methods, Terms & Conditions of Sale, Shipping Methods, Warranties, and Returns, Exchanges, and Refunds.
Authorized use of customers property:
PTN, Computer Sales & Services, Inc. staff and authorized sub-contractors are authorized to use computers owned by customers to the degree that such use contributes to the tasks authorized by the customers or are required to troubleshoot, examine, repair or test a computer system or other device capable of storing private or confidential data, or contributes to preventative maintenance on the computer or device. PTN, Computer Sales & Services, Inc. takes no responsibility for the failure of any hardware not purchased or currently under warranty from PTN, Computer Sales & Services, Inc. even if it fails while in our possession, and no responsibility for any files that might be stored on any hardware.
PTN, Computer Sales & Services, Inc. policy on customer data:
By leaving a computer system or other digital device with PTN, Computer Sales & Services, Inc. staff and authorized sub-contractors, the customer gives implied consent and unlimited access to all data, private or otherwise, stored on the computer system.
PTN, Computer Sales & Services, Inc. staff are required to treat all customers personal information stored on computer hard drives, CDs, DVDs memory sticks, flash cards or any digital format as confidential and are prohibited from viewing, copying, discussing or distributing such data except as needed to protect data from deletion or damage, troubleshoot, examine, repair or test a device capable of storing such data or as required by state and federal law.
PTN, Computer Sales & Services, Inc. will act with due diligence to protect the confidentiality of any data left in its possession, but will accept no liability for the loss or theft of such data.
Tips for protecting sensitive data:
Customers who routinely store sensitive data on their computers or other digital devices, and are worried about who might have access to this data are advised to do the following:
If possible, request onsite service. This way you can work one on one with the tech who is working to solve your issues, and you can control what they see and don't see.
If possible, transfer all sensitive data to another device before dropping system off for service.
Many programs, such as Microsoft Word, have the ability to PASSWORD PROTECT sensitive files. Learn to use these features. There are also programs available that password protect picture and music files and directories. CAUTION- In the event of a hard drive crash, File Encryption can make data recovery more difficult- so always backup multiple copies of important files to separate computers or devices on a regular basis.
Request and read the privacy policies of any service provider you are considering hiring, such as PTN, Computer Sales & Services, Inc., and make sure you understand them and that they offer adequate protection for your situation.
If you have sensitive or private data on your computer or other special privacy needs, consider notifying the service tech or company IN WRITING about how you would like your data handled, or request to be notified by telephone if anyone needs to view or copy certain files. Be as specific as you can about what files you are worried about.
Find a computer support technician or company you can trust and stick with them. Remember, the vast majority of retail computer repair and support people are honest professionals who respect your privacy and act diligently to protect it. Stick with them like you would a trusted doctor or mechanic.