WARRANTY: CompXpress,
Inc., herein after referred to as Company, provides limited warranty to
the original purchaser of the product. All products have a minimum of
thirty (30) days original manufacturers warranty. All products have a
defective product exchange period, within thirty (30) days from the
Company invoice date. The warranties are subject to the following
conditions (i) Within the defective product exchange period specified,
should a product proved to be defective by reason of improper
workmanship or material, under normal usage and conditions, the Company
will, at it’s sole discretion, repair or replace the product
without charge for parts or labor. (ii) The limited warranty is not
applicable if the product is damaged by accident, improper
installation, misuse, lightning, fire, water, or other acts of nature.
(iii) Warranty void if the product is altered or repaired by anyone
other than the Company or a Company authorized repair and service
station.
Should the Company's products
proved to be defective, Purchaser's sole remedy shall be such repair or
replacement as provided herein. In no event shall the Company be liable
for any loss of use, revenues, anticipatory profit and direct or
indirect consequential damages arising out of or connected with the
sales, use, operation or inability to use of the products sold.
Except as otherwise provided
in this section, the Company makes no representations or warranties,
whether expressed or implied, with respect to any of the products,
including without limitation, warranties, merchantability or fitness
for a particular purpose and all such warranties are expressly
disclaimed.
PRICES: All prices quoted are
exclusive of taxes, freight charges, and handling charges.
FEES AND COSTS: Purchaser
shall pay all costs and expenses incurred by the Company in collection
of any sums owing by the purchaser, including reasonable legal fees.
Each returned check shall be subjected to twenty five dollars USD
($25.00 USD) handling charge.
DELIVERY: Shipment of all
product shall be FOB the Company facility, unless otherwise indicated.
In the event of damage, delay, or loss due to the mishandling in
transportation, purchaser shall deal directly with the common carrier.
Purchaser shall instruct the Company with shipping instructions. The
Company is not liable for delay or any freight Charge of shipment due
to the absence of shipping instruction from purchaser. In the case of
shipment delay due to the cause of purchaser, the Company will store
all products ordered at purchaser's risk and expense.
RISK OF LOSS: Any risk of loss
or damage to products shall be passed to the freight carrier,
purchaser, or purchaser's agent at FOB point.
CHANGES AND CANCELLATIONS:
Order accepted by the Company are not subjected to Change or
Cancellation by purchaser without the consent of the Company or its
authorized agents. A minimum of twenty percent (20%) handling charge
may be applied to the orders changed or canceled.
JURISDICTION AND VENUE: Should
legal action commence to interpret or enforce the terms of this
Agreement, jurisdiction and venue shall be in the Municipal or Superior
Courts of the County of Los Angeles , State of California, and/or in
the United States District Court, Central District of California.
GOVERNING LAW: All questions
with respect of the construction of this Agreement, and the rights and
liabilities of the parties hereunder, shall be determined in accordance
with the applicable provisions of the law of the State of California,
giving effect to the choice of law principles.
ATTORNEY'S FEES: If any legal
action or any arbitration or other proceedings are brought for the
interpretation or enforcement of this Agreement, or any rights of the
parties with regard to this Agreement, and/or any related agreement,
because of an alleged dispute, breach, or default, the successful or
prevailing party shall be entitled to recover its attorney's fees and
expenses, and any costs associated with any enforcement proceeding.
CONFLICTING TERMS: All orders
accepted by the Company shall be subjected to Company's Standard Terms
and Conditions. Any terms and conditions presented in orders placed by
purchaser, which are in conflict with the Standard Terms and Conditions
then in effect, shall be inapplicable without the written approval from
the Company.
CONFIRMATION: The availability
to Purchaser on Company web site of the terms and conditions contained
herein without prompt written objection thereto, or an acceptance of
any of the products covered by purchaser's order that is hereby
confirmed, shall constitute an acceptance of all terms and conditions
as set forth in the terms and conditions herein.
WEB SITE USE: The Company is
not responsible for any loss or damage or the consequence caused by
technical inaccuracies, incomplete information provided, typographical
errors, service or support terminated by any known or unknown reason.
The linked sites are not under the control of Company and Company is
not responsible for the content of any linked web site or any link
contained in a linked web site. Company reserves the right to terminate
any link or linking program at any time. Company does not endorse
companies or products to which it links and reserves the right to note
as such on it’s web pages. If you decide to access any of the
sites linked to this web site, you do so entirely at your own risk.
COPYRIGHTS AND TRADEMARKS: The
copyright for all materials on this web site are protected by
international copyright laws. The copyright for all material provided
on this web site is held by CompXpress, Inc. or by
the original creator of the material. All rights not expressly granted
herein are reserved. None of the materials may be copied, modified,
reproduced, posted, published, transmitted and or distributed in any
form or by any means without prior written permission from CompXpress,
Inc. All trademarks are the property of their respective owners. CompXpress
and Creator Studio are trademarks or service marks of CompXpress,
Inc.
RETURNS AND REFUNDS: For
non-defective products, the Company does not accept return of sold
products, nor does the Company refund or credit back the purchase money.
RETURN MERCHANDISE
AUTHORIZATION (RMA) PROCEDURES:
1.RETURNS: Prior to returning
defective products to the Company, Purchaser must obtain an RMA number
from the Company. To obtain an RMA number, Purchaser is required to
provide to the Company the invoice number, shipping date, model number,
serial number, and the reasons of return. Products returned must be
received by the Company within seven (7) days after issuance of the RMA
number. For defective products returned, purchaser is required to test
and identify the nature of defect. Should the Company at it’s
sole discretion, find the products to be non-defective, such products
will be returned to purchaser freight collect.
2. SHIPPING: Products must be
returned to the Company freight pre-paid in the original boxes and
packing materials. Returned products must be complete, including all
hardware, software, manuals and accessories. RMA number must be marked
clearly outside the carton and also on the mailing labels.
Proof of purchase and a statement, written in the English language,
describing the reasons for return must be enclosed. No freight collect
or C.O.D. on return RMA shipment will be accepted by the Company. In
the event that the RMA shipment does not meet all the above conditions,
the Company will not accept the shipment or the imposition of handling
charges.
3. SERVICES: The Company will
return the repaired or replaced products to the purchaser at the
Company’s cost, provided that the products were originally
purchased from the Company and are still covered by the warranty policy
and such products are determined, at the sole discretion of the
Company, to be defective.
4. DEFECTIVE ON ARRIVAL
(D.O.A.): Products that are reported as D.O.A. by the Purchaser may be
returned to the Company for replacement, within seven (7) days from the
invoice date under which the products were shipped.