ExperCom PoliciesShipping Policy
Sales Terms and Conditions
ExperCom Shipping Policy
Please provide time for your order to process before the order will ship. Your shopping cart shows the estimated shipping charges. Options for various ground services, 2-day or overnight are available at checkout. An additional shipping and handling charge will be added at order processing for orders shipping to Alaska or Hawaii. During checkout the delivery charge will be confirmed once your delivery address has been entered. Orders or partial orders shipped to Utah, California, and Massachusetts, Tennessee, and other localities may be subject to applicable sales tax or sales tax reimbursement due to warehouse location.
Please allow time for your order to be processed. We will make every effort to process your order in a timely manner. Shipment times are based on when the order ships, not when the order is placed. Shipping estimates are business days, and do not include weekends or holidays. Our general cutoff for in stock items that do not require upgrades or customization is 3:00 p.m. Mountain Time.
The economy ground shipping option does not qualify on any order shipped outside the continental U.S., or on heavy weight or freight shipments.
We cannot export products outside of the US.
ExperCom Return Policy
To return a product, please contact ExperCom customer service at email@example.com. A customer service represtentative will assist you in obtaining a Return Merchandise Authorization number (RMA#). Returns are available based on manufacturer's policies. If approved, you will also be provided with a return shipping address (which may not always be where it was shipped from) to return the product to. All returns must be completed within 15 days of the purchase date. No returns are accepted more than 15 days after the purchase date.
All returns must include a Return Merchandise Authorization Number (RMA#) on the shipping label.
All product returns are assessed a 15% restocking fee. Items must be in original, unopened packaging. No open-box returns are accepted. Do not write on manufacturers boxes. Product(s) must be in resalable condition for you to receive credit. You will be responsible for the return shipping cost of the product. RMA numbers are valid for 15 days after being issued. Shipping charges are not refunded.
Please allow 15 business days for your return to be processed once it has arrived at the warehouse.
If you have merchandise that is malfunctioning or seems to be defective, please contact the manufacturer or firstname.lastname@example.org for technical support or to make arrangements to repair the product. In many cases, the manufacturer can diagnose and resolve product concerns over the phone.
We can provided contact information for many manufacturers via email. Please review the warranty information that was included with the product or contact ExperCom at email@example.com for contact information.
Please have the model and serial number of the defective product and the date of purchase ready before contacting the manufacturer.
Protecting your privacy is important to ExperCom. Please take a moment to read the following policy to understand how we handle your personal information.
Why we collect personal information
ExperCom collects personal information to keep you up to date on your order status and deliver of your order. We also can inform you about the latest product announcements, software updates, special offers, and other information we think you'd like to hear about.
When we disclose personal information
How we protect your personal information
ExperCom uses industry-standard Secure Sockets Layer (SSL) encryption on all web pages where personal information is required. To make online purchases from ExperCom, you must use an SSL-enabled browser. This protects the confidentiality of your personal and credit card information while it is transmitted over the Internet.
Access to your personal information
You have access to your personal account information. To review and update your personal contact information, simply go to http://www.expercom.com/account.
Collecting other personal information
Sales Terms and Conditions
All sales made by ExperCom Inc. ("ExperCom") to its customers with ExperCom U.S. resale accounts ("Purchaser") are subject to these terms and conditions. Purchaser's acceptance of these terms and conditions shall be made by placing an order with ExperCom. These terms and conditions shall apply to sales of all products described in ExperCom's current comprehensive product listing including special order product except as otherwise noted below ("Product"). The term "Special Order Product" as used herein shall mean products that are not listed in ExperCom's current comprehensive product listing or have been configured to Purchaser's specifications. Electronic Software Distribution (ESD) product sales are subject to additional terms.
Prior to placing an order, Purchaser must provide ExperCom with complete Product order information as required by ExperCom. The Product order information will include without limitation the (i) Product description, (ii) unit quantity, (iii) ExperCom SKU number and/or vendor part number, (iv) current unit price as provided by ExperCom, and (v) correct shipping address. ExperCom reserves the right to require additional information based on the requirements of the manufacturer or publisher of the Product. Purchaser shall not disclose any confidential information when ordering from ExperCom. Purchaser may place orders online via Expercom.com, via the telephone, via facsimile, and via ExperCom-approved electronic ordering methods. ExperCom's acceptance of any order from Purchaser is limited to these terms and conditions in their entirety without addition, modification, or exception. Any additional or different terms in Purchaser's purchase order or submitted by Purchaser in any form are hereby deemed to be material alterations hereto and notice of objection to them is hereby given. ExperCom will have no obligation to hold Product for future sale to Purchaser if Purchaser's order is incomplete, on hold, or if Purchaser does not confirm it within 48 hours of notification from ExperCom that backordered Product is available for shipment. All Products sold to Purchaser hereunder are for end user only. All product pricing, description and availability information ("Information") provided by ExperCom, in any form, is the property of ExperCom.
All prices are subject to change without notice and will be established at time of order acceptance by ExperCom. Order acceptance and sale by ExperCom occurs at time of shipment. Any price discrepency between when the order was submitted and the time the order ships will be taken care of before the order ships. Prices for backordered Products are not guaranteed.
3. SHIPMENT AND DELIVERY
A. U.S. Shipments - For Product shipments to an address within the fifty (50) United States or the District of Columbia, shipment will be made FOB origin and Product title will transfer to Purchaser upon ExperCom tendering the Product for delivery to the carrier. Additional charges may apply for unusually heavy or bulky items. If Purchaser requests special shipping or handling including without limitation, expedited shipment, third-party billing, or freight collect, Purchaser shall bear all risk of loss in transit and is responsible for filing claims with the carrier and all freight and handling costs. COD and additional fees may also apply. Purchaser shall examine all Products upon receipt and shall notify ExperCom within 48 hours of receipt, as specified herein, of all discrepancies or if rejection is intended. Such notice shall be reasonably detailed and shall specify the discrepancy or reason for rejection. Failure to give such notice within the time specified herein shall be deemed an acceptance of the Products as of the date of shipment.
4. CREDIT AND PAYMENT TERMS
Purchaser shall furnish to ExperCom all financial information reasonably requested by ExperCom from time to time for the purpose of establishing or continuing Purchaser's credit limit. Purchaser agrees that ExperCom shall have the right to decline to extend credit to Purchaser and to require that the applicable purchase price be paid prior to shipment. Purchaser shall promptly notify ExperCom of all changes to Purchaser's name, address, or of the sale of substantially all of its assets. ExperCom shall have the right from time to time, without notice, to change or revoke Purchaser's credit limit on the basis of changes in ExperCom's credit policies or Purchaser's financial condition and/or payment record. Purchaser shall not deduct any amounts owing from any ExperCom invoice without ExperCom's express written approval, which approval shall be contingent upon Purchaser providing all supporting documentation for such deduction as required by ExperCom. A service charge of the lesser of one and one-half percent (1 1/2%) per month or the maximum amount allowed by law will be charged on all past due balances commencing on the date payment is due. Credit cards (MasterCard, VISA and Discover Card) will only be accepted at the time of order. No cash payments will be accepted. Payment by money orders or travelers check will be allowed only if the money order or travelers check is made out in the exact amount of the invoice; payment of one invoice through multiple money orders or travelers checks will not be permitted. ExperCom retains (and Purchaser grants to ExperCom by submitting a purchase order) a security interest in the Products to secure payment in full, and Purchaser agrees to execute any additional documents necessary to perfect such security interest. If Purchaser fails to make timely payment of any amount invoiced hereunder, ExperCom shall have the right, in addition to any and all other rights and remedies available to ExperCom at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future deliveries and/or to reduce or cancel any or all quantity discounts extended to Purchaser. Purchaser shall pay all costs of collection including reasonable attorneys' fees. Any obligation of ExperCom under these terms and conditions to deliver Products on credit terms shall terminate without notice if Purchaser files a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditors, or if an involuntary petition under a bankruptcy statute is filed against Purchaser, or if a receiver or trustee is appointed to take possession of the assets of Purchaser.
Purchaser shall bear applicable federal, state, municipal, and other government taxes (such as sales, use, etc.). Unless otherwise specified, prices do not include such taxes. Exemption certificates, valid in the place of delivery, must be presented to ExperCom prior to shipment if they are to be honored. For Apple items, ExperCom charges sales tax to shipments to Utah. For all other items, ExperCom charges sales tax for orders shipped to California, and Massachusetts, and Utah.
Product warranties, if any, are provided by the manufacturer or publisher of the Products. ExperCom makes no warranties whatsoever. ExperCom's sole obligation (and Purchaser's sole remedy) in the event of breach of any warranty shall be the repair or replacement of defective Products. IN NO EVENT SHALL EXPERCOM BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEGED TO HAVE RESULTED FROM ANY BREACH OF WARRANTY. EXPERCOM DOES NOT WARRANT THE MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE. EXPERCOM MAKES NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN THOSE SPECIFICALLY SET FORTH HEREIN.
7. PRODUCT RETURNS
A. Requirements - Purchaser must obtain a valid Return Material Authorization ("RMA") number from ExperCom for all returns. RMAs will be issued, at ExperCom's sole discretion, in accordance with these terms and conditions. Purchaser must provide all other information as required by ExperCom for all returns. RMAs are valid for twenty (20) calendar days from the date of issuance. Purchaser must allow for in-transit time for Products to be returned to ExperCom, as ExperCom must physically receive Products within the twenty (20) calendar days. RMAs will be issued for authorized returns under one of the following categories: (i) defective Products, (ii) billing or shipping discrepancies, or (iii) damaged Product. Purchaser is responsible for ensuring that the RMA number is clearly visible on the address label of the Product packaging when it is returned to ExperCom. ExperCom will refuse delivery of any boxes without a valid, clearly visible RMA number as noted above. Overgoods are unauthorized returns. Any Products received by ExperCom (i) without a valid RMA number, including Product shipments refused by Purchaser or Purchaser's customer except those damaged in transit from ExperCom to Purchaser or from ExperCom to Purchaser's customer, (ii) later than twenty calendar (20) days from the RMA date, or (iii) in a condition unsuitable for resale (excluding defective Products), will be considered Overgoods. ExperCom will return Overgoods to Purchaser or Purchaser's customer, and will charge Purchaser a $50 processing fee per shipment plus related freight charges. If Purchaser refuses the shipment of Overgoods from ExperCom or returns the Overgoods to ExperCom a second time without ExperCom's prior authorization, Purchaser agrees to relinquish all right and title to and waives all claims against ExperCom for credit related to such Products. Notwithstanding anything to the contrary, ExperCom reserves the right not to authorize the return of Products that are no longer in production or are being produced or published by a manufacturer or publisher that (i) is insolvent, (ii) has declared bankruptcy, or (iii) will not accept returns from ExperCom.
B. Defective Product Returns - Defective returns are only for Products purchased from ExperCom that are inoperable or do not function in accordance with the specifications published by the manufacturer or publisher and are covered under the manufacturer's or publisher's warranty. All defective returns are subject to more restrictive manufacturer or publisher policies. Purchaser may request an RMA for the return of defective Products, excluding Special Order Products, within fifteen (15) calendar days of invoice date. Upon receipt of the defective Product for which the RMA was issued, ExperCom may test the Products and may return to Purchaser, at Purchaser's expense, any Products found not to be defective. Upon verification that the returned Product is defective, ExperCom may, at ExperCom's sole discretion, either (i) repair the defective Product, (ii) ship Purchaser a replacement Product, or (iii) provide Purchaser a credit equal to the lesser of the Product's invoice price or current replacement value less any applicable charges or fees. ExperCom reserves the right to require Purchaser to return defective Products directly to the manufacturer or publisher for replacement according to its defective Products return policy. ExperCom shall not be obligated to repair, replace, or issue credit to Purchaser for Products rendered defective, in whole or in part, by causes external to the Products, including, but not limited to, catastrophe, power failure or transients, overvoltage on interface, environment extremes, improper use, maintenance or application of the Products or use of unauthorized parts. Purchaser shall bear all risks of loss when returning defective Products.
8. BILLING AND SHIPPING DISCREPANCIES
Billing and shipping discrepancies are for Products purchased from ExperCom that were invoiced or shipped incorrectly. These include lost shipments, short shipments, wrong sales, wrong shipments and pricing/invoice errors. Purchaser may request an RMA for verified billing and shipping discrepancies within thirty (30) calendar days of invoice date. In addition, Purchaser must notify ExperCom of any billing discrepancies related to Purchaser's authorized returns within ninety (90) calendar days of RMA date. Such notice shall be reasonably detailed and shall specify the discrepancy. Failure to give such notice within the time specified herein shall be deemed a waiver of Purchaser's rights to claim such discrepancy.
9. PATENT AND TRADEMARK INDEMNITY
ExperCom SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS PURCHASER FROM AND AGAINST ANY OR ALL DAMAGES AND COST INCURRED BY PURCHASER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR THE VIOLATION OF COPYRIGHTS BY PRODUCTS.
10. LIMITATION OF LIABILITY ExperCom SHALL NOT BE LIABLE TO PURCHASER, PURCHASER'S CUSTOMERS, OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, OR INJURY THAT RESULTS FROM THE USE OR APPLICATION BY PURCHASER, PURCHASER'S CUSTOMER, OR ANY OTHER PARTY, OF PRODUCTS DELIVERED TO PURCHASER, UNLESS THE LOSS OR DAMAGE RESULTS DIRECTLY FROM THE INTENTIONALLY TORTIOUS OR FRAUDULENT ACTS OR OMISSIONS OF ExperCom. IN NO EVENT SHALL ExperCom BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY AGREEMENT INTO WHICH THEY ARE INCORPORATED, OR ANY PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS BY ExperCom, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS OR SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY PURCHASER HEREUNDER. IN NO EVENT SHALL ExperCom BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF GOOD WILL, LOSS OF ANTICIPATED PROFITS, OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH ExperCom'S BREACH OF, OR FAILURE TO PERFORM IN ACCORDANCE WITH ANY OF THESE TERMS AND CONDITIONS, OR THE FURNISHING, INSTALLATION, SERVICING, USE OR PERFORMANCE OF ANY PRODUCTS OR INFORMATION ExperCom SHALL PROVIDE HEREUNDER, EVEN IF NOTIFICATION HAS BEEN GIVEN AS TO THE POSSIBILITY OF SUCH DAMAGES. PURCHASER HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS FOR SUCH DAMAGES. IN NO EVENT SHALL ExperCom HAVE ANY LIABILITY FOR ANY PRODUCTS USED FOR AVIATION, MEDICAL, LIFESAVING, LIFE-SUSTAINING OR NUCLEAR APPLICATIONS.
11. CHOICE OF LAW/CHOICE OF FORUM
These terms and conditions (and any agreement into which they are incorporated) shall be construed, interpreted and enforced under and in accordance with the internal laws of the State of Utah, excluding its conflicts or choice of law rule or principles which might refer to the law of another jurisdiction. Purchaser agrees to exercise any right or remedy in connection with these terms and conditions exclusively in, and hereby submits to the jurisdiction of the State of Utah, Courts of Cache County, Utah, or the United States District Court at Salt Lake City, Utah. The state and federal courts situated in Cache County, Utah will have non-exclusive jurisdiction and venue over any dispute or controversy that arises out of these terms and conditions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms and conditions.
All notices, requests, demands, and other communications that either party may desire to give the other party must be in writing and may be given by (i) personal delivery to an officer of the party, (ii) mailing the same by registered or certified mail, return receipt requested, or via nationally recognized courier services to the party at the address of such party as set forth herein, at the official corporate address of such party, or such other address as the parties may hereinafter designate, or (iii) facsimile subsequently to be confirmed in writing pursuant to item (ii) above. Notices to ExperCom shall be sent to: ExperCom Inc., PO Box 265, Hyde Park, UT 84318 Attn: Legal Dept.
13. BINDING EFFECT/ASSIGNMENT
These terms and conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, successors and permitted assigns. Neither party may assign its rights and/or duties under these terms and conditions without the prior written consent of the other party given at the other party's sole option. Any such attempted assignment shall be void. Notwithstanding the foregoing, ExperCom may assign any purchase order received from Purchaser to a subsidiary or affiliate upon notice to Purchaser.
14. PARTIAL INVALIDITY
If any provision of these terms and conditions shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
15. NO WAIVER
Failure or delay of ExperCom to exercise a right or power under these terms and conditions shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
The captions used herein are for reference purposes only and shall have no effect upon the construction or interpretation of any provisions herein.
These terms and conditions, as published on ExperCom's Web site located at www.ExperCom.com at the time of sale, are the official terms and conditions of sale between ExperCom and Purchaser and may be amended from time to time without notice at ExperCom's sole discretion or interpretation of any provisions herein.