INSPECTION – All goods are subject to Inspection and rejection upon receipt. Such goods may be tested to determine compliance with contract. If any goods are defective or not in conformity with the contract, BUYER in addition to its remedies under the Uniform Commercial Code may reject such defective or non-conforming goods, require correction, or accept them with an equitable adjustment in price. Any such rejection will be immediately brought to PUGET SYSTEMS’ attention for prompt resolution. Payment prior to inspection shall not constitute waiver of any rights hereunder. Acknowledgement of receipt on packing slips or bills of lading shall constitute acceptance unless rejection is promptly communicated in writing. Materials rejected or not conforming to this purchase contract shall be returned at the PUGET SYSTEMS’ expense, including transportation and handling costs.
WARRANTY – PUGET SYSTEMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN PUGET SYSTEMS’ APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE ORDER CONFIRMATION. WARRANTY MAY BE TERMINATED BY PUGET SYSTEMS WHERE MODIFICATIONS BY OR INCIDENTS (INTENTIONAL OR NON-INTENTIONAL) INVOLVING CUSTOMER CAUSING DAMAGE TO THE ORIGINAL PRODUCT ARE FOUND BY PUGET SYSTEMS UPON INSPECTION.
DELIVERY – PUGET SYSTEMS will ship out all orders in the most cost effective method unless otherwise specified by the BUYER. PUGET SYSTEMS carefully manages the shipping providers for the methods offered to the BUYER. However, PUGET SYSTEMS is ultimately unable to guarantee the performance of any of its shipping providers. Therefore PUGET SYSTEMS will not accept non or under performance of any of its shipping providers and an acceptable reason for the BUYER to cancel or alter any orders or the terms and conditions set forth in this document. Loss or damage that occurs during shipping from PUGET SYSTEMS to BUYER by a carrier selected by PUGET SYSTEMS is the responsibility of the carrier. It is PUGET SYSTEMS’ responsibility to insure the shipped product and file claims with the insurer and/or the carrier should damage or loss occur. If you receive a shipment containing damaged product(s), or if you receive a shipment containing less than all product(s) you ordered, you must notify PUGET SYSTEMS and make a claim within five (5) calendar days of such receipt. After PUGET SYSTEMS confirms the validity of such claim, they will (a) in the case of damage or loss of product(s) during transit, file a claim with the insurer and/or the carrier, and (b) in the case of incomplete shipment that is PUGET SYSTEMS responsibility, ship the remainder of ordered product(s) to the BUYER. PUGET SYSTEMS will make every reasonable effort to assist the BUYER, to the extent it is able, with claims arising out of the delivery process.
TERMINATION FOR CAUSE – PUGET SYSTEMS or the BUYER may terminate the order in whole or in part for cause without liability to the other party by written notice to the other party if any party defaults, fails to comply with the terms and conditions of the order, or makes an assignment for the benefit of creditors or becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency or the relief of debtors.
TERMINATION FOR CONVENIENCE – For orders with a total under $10,000 USD, the BUYER may terminate the order in whole or in part for its convenience by written notice to PUGET SYSTEMS. In such a case the BUYER will be refunded the entirety of payments for the order(s) cancelled minus the agreed sales price for any product shipped to the BUYER and a 15% restocking fee for all components ordered as designated for the BUYER’S order. All cancellations, regardless of total value, will be considered effective at the close of business on the day received by PUGET SYSTEMS. For orders with a total over $10,000 USD, the BUYER may NOT terminate the order in whole or in part for its convenience.
INDEMNITY – Each Party shall hold harmless, and indemnify the other Party and its directors, officers, agents and employees against any and all loss, liability, damage, or expense, including any direct, indirect or consequential loss, liability, damage, or expense, for injury or death to persons, including employees of either Party, and damage to property, including property of either Party, arising out of or in connection with intentional, willful, wanton, reckless or negligent. However, neither Party shall be indemnified hereunder for any loss, liability, damage, or expense resulting from its sole negligence or willful misconduct. Notwithstanding the indemnity provisions contained herein, except for a Party’s willful misconduct or sole negligence, each Party shall be responsible for damage to its own facilities.
LIMITATION OF LIABILITY – Puget Systems is not responsible for damages or costs that are the result of accidents, misuse, disaster, or abuse of your computer. Modifications, overclocking, BIOS or firmware updates, or repairs made to your computer system by anyone other than Puget Systems will void your warranty if not cleared through a Puget Systems representative. Most all modifications will be approved, but we need this aspect of control in order to prevent unnecessary damage. Puget Systems is not responsible for any losses or complications that arise as a result of a computer failure or a delay in the production or repair of your system.
EXTRA CHARGES/FREIGHT CHARGES/EXPORT FEES – All shipments on which freight or export charges are due, PUGET SYSTEMS will set them up as Prepaid and Add, will prepay the freight or export charges and add them to the invoice. Collect (i.e., COD) shipments cannot be accepted. The BUYER may request that orders be placed WILL CALL. For BUYERS with approved credit or payment coming from 3rd party all orders placed WILL CALL will be considered delivered when PUGET SYSTEMS notifies the BUYER that the order is ready for pick-up.
US SALES TAX – PUGET SYSTEMS is located in a state that provides a sales tax exemption. PUGET SYSTEMS is required to bill for sales tax in those shipping destinations that are not exempt and to pay this to the appropriate taxing authority in a timely manner. Unless you provide us with a valid, complete and accurate tax exemption certificate applicable to your purchase of product(s) and the product(s) ship-to location, you are responsible for sales and other taxes associated with the order.
CANADA SALES TAX – PUGET SYSTEMS is shipping delivered to all locations within Canada. All Canadian federal and provincial taxes will be prepaid and added to the invoice as well as any other costs associated with the international delivery.
RETURN POLICY – Within 30 days of the shipment of your order, you have the option to return your hardware for refund. Due to the high amount of labor involved in PUGET SYSTEMS’ services, as well as other unrecoverable costs, there is a $50 charge for any change made to orders already in progress, and all refunds and cancelled orders are subject to a 15% restocking fee. All returned hardware must be undamaged and in as-new condition, in original packaging. Opened or activated software is not eligible for return. The BUYER must contact PUGET SYSTEMS and obtain a Return Merchandise Authorization prior to attempting any return. After the 30 day term, the system or components can only be returned at the discretion of PUGET SYSTEMS, at the current value of the hardware minus a 15% restocking fee. Shipping costs are not refundable, and you are responsible for shipping costs to return a system. Refunds may take up 2-4 weeks to be processed. Special order items (parts not listed on our website, but are added by request to a quote), services, and peripherals (monitors, keyboards, mice, speakers, etc) are not eligible for return. Orders totaling $10,000 or more and special order parts either ordered individually or as a system component, are not eligible for return.
ASSIGNMENT – PUGET SYSTEMS may not assign either its rights or obligations under this contract without prior written consent of BUYER.
GOVERNING LAW, ARBITRATION, AND SEVERABILITY – This agreement is binding under the laws of the State of Washington and any and all proceedings will be heard in courts of its jurisdiction. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Washington. An award of arbitration may be confirmed in a court of competent jurisdiction. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
APPLICABLE LAW – Both Parties agree to abide by any and all laws that this sale is subject to; including applicable export laws. Unless specifically written PUGET SYSTEMS does not authorize it’s products or services for export outside of the United States.
CONTRACT TERMS – Unless otherwise agreed to in writing by Puget Sound Systems, Inc. (“PUGET SYSTEMS”), the terms and conditions herein apply to all PUGET SYSTEMS orders, purchases, receipts, deliveries, and purchase orders for goods or services (products). PUGET SYSTEMS objects to any different, additional or conflicting terms proposed by BUYER in any communication between the parties or otherwise (including on any of BUYER’s purchase orders, invoices, acknowledgements, other forms or website), all of which shall be deemed material alterations of the order, unless PUGET SYSTEMS expressly agrees in writing to such terms. Subject to the foregoing, if there is any conflict between these terms and the terms of BUYER’s forms or website, these terms shall prevail and will take immediate effect upon the acceptance of the order by PUGET SYSTEMS.
CHANGES – No change or other modification to the order shall be binding upon either PARTY unless accepted in writing by both PARTIES.