Application of Terms; Customer AcknowledgmentThese Terms constitute a binding contract between Customer and TechPalooza.
Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order, or otherwise shopping on our Website (the "Site").
These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
Governing Law, All Sales made in FloridaTHESE TERMS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, REGARDLESS OF THE LOCATION OF THE CUSTOMER.
ANY DISPUTE, ACTION OR LITIGATION MUST BE BROUGHT IN
FLORIDA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN
FLORIDA, SUBMITS TO JURISDICTION THERE, AND WAIVES THE RIGHT TO CHANGE VENUE.
CUSTOMER HEREBY AGREES THAT SUCH VENUE IS APPROPRIATE AND THAT TECHPALOOZA'S AGREEMENT TO SELL AND DELIVER PRODUCTS TO THE CUSTOMER IS DEPENDENT ON THIS PROVISION.
Purchase pricePrices are listed on our Web site, and are subject to change without notice.
Prices for certain government, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties.
Payment is due before shipment, unless credit terms have been arranged in advance with our credit department.
In such case, payment terms shall be as set forth in the credit agreement.
We collect sales and use taxes for sales made to residents of the States of
Florida, Massachusetts, and California.
Additional states may be added without notice.
We shall not be liable for handling or customs charges for shipments outside the
United States.
Shipping; Risk of Loss; Security InterestTechPalooza will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer.
TechPalooza charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the customer.
Risk of loss is upon Customer once we deliver the product to the carrier.
Delivery times are estimates only and we shall not be liable for delays.
TechPalooza retains a security interest in the products until payment in full is received.
Customer will be responsible for all shipping and related charges.
Non-US or Export SalesSales of our products must follow the Export Administration Regulations of the U.S. Commerce Department and applicable State Department restrictions.
Certain hardware products may not be exported to certain countries, or may be exported only with individual licenses; and software that contains DES data and/or encryption technology may not be exported outside the
U.S.The commodities, technology, and/or software sold or distributed under these Terms may not be exported or re-exported to countries, entities, and persons that are ineligible under
United States law to receive
United States commodities, technology, and/or software.
Customer represents and warrants that it is eligible to receive products under
United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.
Manufacturers' warranties for exported products may vary or may be null and void for products exported outside the
United States.
LIMITED MANUFACTURER'S WARRANTYCustomer understands that TechPalooza is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not us.
In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by us.
In connection with services, neither affiliates of TechPalooza nor third party service providers are our agents and we have no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers.
We warrant that we have good title to the hardware products we sell, and that we have proper authority to license the software products we distribute.
We do not warrant the performance or integrity of any Product, but merely pass through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products.
STATEMENTS MADE TO YOU IN THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND READINESS DISCLOSURE ACT, (___U.S. C.___) (P.L. 105-271).
IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF.
TECHPALOOZA AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF TECHPALOOZA, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
TechPalooza has no control over the technology of the Products sold herein, and therefore cannot and does not indemnify Customer for claims by third parties that Products infringe any patent, copyright, trademark, or trade secret.
TechPalooza will pass through any such indemnity it receives from the Product manufacturer or supplier.
Pricing Information; Availability; Errors and omissions DisclaimerAll pricing is subject to change.
We reserve the right to make adjustments to pricing, products, and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes, and errors in advertisements.
All orders are subject to product availability.
Therefore, we cannot guarantee that it will be able to fulfill Customer's orders.
We make every effort to ensure the accuracy of the information published on our Web site(s).
However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors.
We make no representations about the suitability of the information and graphics presented on this site.
All such documents and graphics are provided "as is" without warranty of any kind.
If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price.
If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price.
Note: We also do not guarantee that our prices listed on other Web sites or price engines are accurate or up-to-date.
Limitation of LiabilityNEITHER TECHPALOOZA NOR ITS AFFILIATES WILL 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.
NEITHER TECHNOLOGY PARADISE CORPORATION NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES.
CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY TECHPALOOZA OR ITS AFFILIATES, NEITHER TECHPALOOZA NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
We will not be responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Third Party ServicesCustomer acknowledges and agrees that our affiliates and we are resellers of services and am not the provider of those services.
In those cases, the third party service provider is the only party responsible for providing services to Customer.
In those cases, Customer will look solely to the third party service provider for any loss, claims, or damages arising from or relating to the purchase or provision of such services.
Customer hereby releases TechPalooza, and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers.
Services may be subject to tax.
All amounts, including taxes, associated with third party services are being collected by us solely in the capacity as an independent sales agent.
Orders; Payment Terms; Interest; TaxesOrders are not binding upon us until accepted by us.
Terms of payment are within our sole discretion.
Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice.
We may invoice parts of an order separately.
Customer is responsible for, and will indemnify and hold TechPalooza harmless from, any applicable sales, use or other taxes or federal, state, or local fees or assessments associated with the order.
Customer must claim any exemption from such taxes, fees, or assessments at the time of purchase and provide the necessary supporting documentation.
Any sales, use or other applicable tax or fees or assessments are based on the location to which the order is shipped.
In the event of a payment default, Customer will be responsible for all of our costs of collection, including court costs, filing fees and attorney's fees.
Return PrivilegesAll returns require prior authorization.
Returns must be authorized by us within 30 days of the invoice date.
Within thirty (30) days of purchase, we will replace or repair, at our sole discretion, any product that is deemed defective.
After 30 days, the manufacturer's warranty process must be followed.
Please Note: Due to restrictions placed upon us by the manufacturers, computers and printers are returnable in the first 30 days for repair only.
Computers, printers, LCD/DLP projectors, personal digital assistants (PDAs), and Quark products are not returnable for credit or exchange.
Special Orders, custom configurations, and Sony Digital Imaging Products are not returnable for credit or exchange.
Additional products may be added to this list as: manufacturer policies change, manufacturer goes out of business or as new product categories become available.
All non-defective returns authorized by The Company are subject to a 15% restocking fee, and must be returned within 20 days from date of invoice.
To learn more, read our Returns Policy.
Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.
Vendor license agreementsCustomer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
Damaged ProductsIf Customer receives damaged products; please refuse the products upon original delivery attempt.
If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record.
Please save the product and the original box and packaging and notify Techpalooza immediately to arrange for a carrier inspection and a pick up of damaged products.
Please notify Customer Service at
customerservice@techpalooza.com of damaged products WITHIN THE FIRST 10 DAYS of receipt.
Timely receipt of this information is necessary for TECHPALOOZA to file a damage claim.
Entire AgreementThese Terms constitute the entire agreement between Customer and TechPalooza relating to the sale of products and services on the Site.
Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting us at the address provided below.
Customer may issue a purchase order for administrative purposes only.
Additional or different terms and conditions contained in any such purchase order will be null and void.
Customer agrees that the Terms contained herein and in our invoice or other documentation will control.
No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice related thereto.
This section may not apply if there is a written contract between Customer and TechPalooza.
In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.
