Prior to placing an order, Purchaser must provide the complete Product order information as required by Tsuri Computers. The Product order information will include, without limitation, the (i) Product description, (ii) unit quantity, (iii) Tsuri Computers SKU number and/or vendor part number, (iv) current unit price as provided by Tsuri Computers, and (v) correct shipping address. For government or educational orders, Purchaser will provide the above Product order information as well as (i) end user name and postal code and (ii) government or educational contract number. Purchaser personnel will identify, for each Product order, the ship-to destination as either Purchaser, Purchaser’s customer, or to some other specified third party. Tsuri Computers reserves the right to require additional information based on the requirements of the manufacturer or publisher of the Product. Tsuri Computers reserves the right to charge Purchase for any and all costs directly attributable to Purchaser providing erroneous or incomplete order information and Purchaser agrees to pay all such costs as invoiced by Tsuri Computers. Purchaser understands and agrees that in certain situations (e.g., direct shipments from Tsuri Computers to Purchaser’s customers) Purchaser must provide Tsuri Computers with names, mailing addresses, telephone numbers and other information regarding its customers (collectively, “Customer Information”) and Tsuri Computers must record, use, disclose and store certain Customer Information regarding such sales to enable the processing, delivery and post-sales support of those orders. Purchaser understands and agrees that Tsuri Computers is required to provide Customer Information or portions thereof to many of its suppliers Purchaser may place orders over the telephone, via facsimile, and via Tsuri Computers-approved electronic ordering methods only through persons who identify themselves as Purchaser personnel and provide their Tsuri Computers customer number prior to placing the order. Tsuri Computers will have no obligation to confirm the validity of any order placed or the authority of the person placing an order in this manner. Purchaser bears all risk of unauthorized purchases by third parties using Purchaser’s account number. Tsuri Computers’ 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. All orders under $100 will be assessed a $7.50 minimum order fee. An order placed via phone or http://tsuricomputers.com or from our warehouse over $2,300 qualifies for free ground shipping. All orders shipping from our warehouse incurs a $50 handling fee.
Exclusions to the free freight thresholds:
a. Any single item greater than 125lbs.
b. Large format digital displays (36in or larger)
c. U-Rack equipment.
Shipping is estimated at the time of order. If an order being placed does not meet the minimum threshold for free ground shipping and ships from more than 1 warehouse, shipping charges are incurred on each warehouse shipment.
Orders for direct shipment to Purchaser’s customers or Special-Order Products may require prepayment and may be subject to additional fees. Tsuri Computers 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 the order within 24 hours of notification from Tsuri Computers that backordered Product is available for shipment. All Products sold to Purchaser hereunder are for resale only. Additional fees may apply.
All Product pricing, description and availability information (“Information”) provided by Tsuri Computers, in any form, is the property of Tsuri Computers. Tsuri Computers hereby grants Purchaser a limited, non-exclusive, non-transferable license to use the Information for Purchaser’s internal use only for purposes of Purchaser’s sales and purchases of Products sold by Tsuri Computers. If Tsuri Computers provides Information to Purchaser electronically, Purchaser agrees to update such Information regularly to ensure its accuracy. Purchaser agrees to hold in confidence and not to directly or indirectly use, reveal, report, publish, disclose or transfer to any other person or entity any of the Information or utilize the Information for any purpose except as permitted herein. Purchaser acknowledges and agrees that Tsuri Computers may send Purchaser marketing and business communications from time to time via various means, including e-mail. Purchaser represents and warrants that all third-party personal information collected by Purchaser and disclosed to Tsuri Computers has been collected and disclosed in accordance with all applicable laws. Purchaser shall indemnify Tsuri Computers against any third-party claims against Tsuri Computers due to Purchaser’s failure to comply with such laws.
All prices are subject to change without notice and will be established at time of order acceptance by Tsuri Computers. Order acceptance and sale by Tsuri Computers occurs at time of shipment. Prices for backordered Products are not guaranteed. Additional fees may apply in accordance with Tsuri Computers’ policies in effect on the date of shipment.
3. SHIPMENT AND DELIVERY
Shipment will be made to a location within United States only, unless otherwise agreed to by both Tsuri Computers and Purchaser. For Products owned by Tsuri Computers, title and risk of loss will transfer to Purchaser upon Tsuri Computers tendering the Product for delivery to the carrier. Tsuri Computers will ship Products using Tsuri Computers’ carrier of choice via standard ground freight service. Purchaser will be responsible for all freight charges related to any customer purchase order including subsequent backorders. Non-physical goods shipments such as software licenses (without media kits), and warranties will not be subject to the freight charge. Additional charges may apply for unusually heavy or large items and may be invoiced separately from the shipment. Shipment of materials designated as hazardous in accordance with Transport Canada and/or International Air Transportation regulations may also incur additional charges. 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. Additional fees and terms may also apply. Purchaser shall examine all Products upon receipt and shall notify Tsuri Computers, 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 in accordance with these terms and conditions shall be deemed an acceptance of the Products as of the date of shipment.
4. CREDIT AND PAYMENT TERMS
Purchaser shall furnish to Tsuri Computers all financial information reasonably requested by Tsuri Computers from time to time for the purpose of establishing or continuing Purchaser’s credit limit. Purchaser agrees that Tsuri Computers 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 Tsuri Computers of all changes to Purchaser’s name, address, or of the sale of substantially all of its assets. If Purchaser does not promptly notify Tsuri Computers of any such change, Tsuri Computers may, without notice, refuse to extend credit, sell Product, or provide services to Purchaser. Tsuri Computers shall have the right from time to time, without notice, to change or revoke Purchaser’s credit limit on the basis of changes in Tsuri Computers’ credit policies or Purchaser’s financial condition and/or payment record. Tsuri Computers will invoice Purchaser upon Product shipment and all invoices will be due and payable according to Purchaser’s current payment terms at the time of invoice. Tsuri Computers reserves the right to apply payment to oldest outstanding invoice(s) if proper payment support is not received. Purchaser shall not deduct any amounts owing from any Tsuri Computers invoice without Tsuri Computers’ express written approval, which approval shall be contingent upon Purchaser providing all supporting documentation for such deduction as required by Tsuri Computers. Any credit issued by Tsuri Computers to Purchaser shall be valid for one (1) year from the date of issuance and the Purchaser waives any right to claim any amount owing pursuant to an expired credit. A service charge of the lesser of one and one-half percent (1 ½%) per month (18% per annum) or the maximum amount allowed by law will be charged on all past due invoice amounts commencing on the date payment is due. Credit cards (MasterCard, VISA and Discover) will only be accepted at the time of order. No cash payments will be accepted. Payment by money orders will be allowed only if the money order is made out in the exact amount of the invoice; payment of one invoice through multiple money orders will not be permitted. Tsuri Computers retains (and Purchaser grants to Tsuri Computers 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, Tsuri Computers shall have the right, in addition to any and all other rights and remedies available to Tsuri Computers at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future deliveries, to accelerate the payment of all outstanding invoice amounts 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 Tsuri Computers 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 all applicable federal, provincial, municipal, and other government taxes (such as sales, use, etc.). All shipments into the Province of Quebec will be subject to the applicable Quebec sales tax. Unless otherwise specified, prices do not include such taxes. Exemption certificates, valid in the place of delivery, must be presented to Tsuri Computers prior to shipment if they are to be honored.
6. RECYCLING FEES
Purchaser shall bear all applicable recycling fees including all electronic waste recycling fees to be remitted by Tsuri Computers under any provincial electronic waste recycling program. Charges for such fees, if applicable, will either be listed on the Product invoice or in a separate invoice from Tsuri Computers. If Purchaser desires to remit applicable electronic waste recycling fees directly to any provincial electronic waste recycling program on Tsuri Computers’ behalf, Purchaser is responsible for providing Tsuri Computers with confirmation of its registration status and, if applicable, entering into the online agreement with the provincial electronic waste recycling program and Tsuri Computers prior to shipment.
Product warranties, if any, are provided by the manufacturer or publisher of the Products. TSURI COMPUTERS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, WHATSOEVER. ALL INFORMATION IS PROVIDED TO PURCHASER “AS IS”.
8. PRODUCT RETURNS
A. Requirements – Purchaser must obtain a valid Return Material Authorization (“RMA”) number from Tsuri Computers for all returns. RMAs will be issued, at Tsuri Computers’ sole discretion, in accordance with these terms and conditions. Purchaser must provide its account number and all other information as required by Tsuri Computers for all returns. Unless otherwise informed by Tsuri Computers, RMAs are valid for twenty (20) calendar days from the date of issuance unless there are more restrictive manufacturer or publisher policies. Purchaser must allow for in-transit time for Products to be returned to Tsuri Computers, as Tsuri Computers 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) stock balancing, (iii) billing or shipping discrepancies, or (iv) damaged Product. Purchaser is responsible for ensuring that (i) the RMA number is clearly visible on the address label of the Product packaging when it is returned to Tsuri Computers; and (ii) NO WRITING SHALL BE DIRECTLY ON A MANUFACTURER’S BOX. Tsuri Computers will refuse delivery of any boxes without a valid, clearly visible RMA number as noted above. The term “Over goods” as used herein shall mean unauthorized returns. Any Products received by Tsuri Computers(i) without a valid RMA number, (ii) after being refused by Purchaser or Purchaser’s customer, excluding those damaged in transit from Tsuri Computers to Purchaser or from Tsuri Computers to Purchaser’s customer, (iii) after three (3) or more delivery attempts to the Purchaser or Purchaser’s customer, (iv) later than twenty (20) calendar days from the RMA date, (v) in a condition unsuitable for resale (excluding defective Products), or (vi) Products found not defective subsequent to Tsuri Computers testing will be considered Over goods. Tsuri Computers reserves the right to return Over goods to Purchaser or Purchaser’s customer, and/or to charge Purchaser a $50.00 processing fee per shipment plus related freight charges. If Purchaser refuses the shipment of Over goods from Tsuri Computers or sends back the Over goods to Tsuri Computers a second time without Tsuri Computers’ prior authorization, Purchaser agrees to relinquish all right and title to and waives all claims against Tsuri Computers for credit related to such Products. Notwithstanding anything to the contrary, Tsuri Computers serves the right not to authorize the return of Special Order Products or 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, (iii) is no longer an active Tsuri Computers vendor, or (iv) will not accept returns from Tsuri Computers.
B. Defective Product Returns – Defective returns are only for Products purchased from Tsuri Computers 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 which will supersede the Tsuri Computers return policies stated here. Purchaser may request an RMA for the return of defective Products, excluding Special Order Products, within thirty (30) calendar days of invoice date. Purchaser’s defective returns will be limited to a maximum of fifteen percent (15%) of the value of Purchaser’s Product purchases during the ninety (90) calendar days prior to the RMA date, less any prior defective returns during that same period. Upon receipt of the defective Product for which the RMA was issued, Tsuri Computers 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, Tsuri Computers may, at Tsuri Computers’ sole discretion, either (i) ship Purchaser a replacement Product, or (ii) provide Purchaser a credit equal to the lesser of the Product’s invoice price or current replacement value, less any applicable charges or fees. Tsuri Computers 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. Tsuri Computers 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, over voltage 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.
C. Stock Balance Returns – Stock balance returns are only for Products purchased from Tsuri Computers that are unopened and unused and can be re-sold as new. All stock balance Products returned must be in the manufacturer’s original packaging and in condition suitable for resale including, but not limited to, without price tags or stickers or additional shrink wrapping, clean, undamaged and complete (“Stock Balance Condition”). All stock balance returns are subject to more restrictive manufacturer or publisher policies, which will supersede the Tsuri Computers return policies stated here. Purchaser may request an RMA for the return of Products in Stock Balance Condition, except for Special Order Products, within sixty (60) calendar days of invoice date. Purchaser’s stock balance returns will be limited to a maximum of five percent (5%) of the value of Purchaser’s Product purchases during the ninety (90) calendar days prior to the RMA date, less any prior stock balance returns during that same period. Stock Balance returns that exceed the allowable limit will, at Tsuri Computers’ discretion, either be returned to Purchaser, at Purchaser’s expense or be charged a fifteen (15%) restocking fee. Upon receipt of the Product for which the RMA was issued, Tsuri Computers will verify the condition of the Product. Any Products that are not in Stock Balance Condition will be considered Overgoods. Tsuri Computers will return Overgoods to Purchaser and will charge Purchaser a $50 processing fee per shipment returned to Purchaser plus related freight charges. Additional fees may apply to returned Products; e.g., re-box, label removal, re-shrink, etc., that are not in Stock Balance Condition. Upon verification that the returned Product is in Stock Balance Condition, Tsuri Computers will issue a credit to Purchaser equal to the lesser of the Product’s invoice price or current replacement value less any applicable charges or fees. If Tsuri Computers elects to restore returned Product to Stock Balance Condition instead of returning it to Purchaser, the credit to Purchaser will be net of Tsuri Computers’ costs to return the Product to Stock Balance Condition. Purchaser shall pay all costs, including all freight charges, and bear all risks of loss when returning Products to Tsuri Computers.
D. Damaged Product Returns – Damaged Product returns are only for Products purchased from Tsuri Computers and shipped via Tsuri Computers’ carrier of choice and that are damaged in transit from Tsuri Computers to the Purchaser or from Tsuri Computers to the Purchaser’s customer. If damaged Product is not refused by Purchaser, Purchaser shall document damage in writing on the carrier waybill or bill of lading and notify Tsuri Computers and request an RMA within two (2) business days of receipt of such Product. Failure to notify Tsuri Computers and request an RMA within such time shall be deemed an acceptance of the Product as of the date of shipment.
9. BILLING AND SHIPPING DISCREPANCIES
Billing and shipping discrepancies are for Products purchased from Tsuri Computers 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 or credit memo, as applicable, for verified billing and shipping discrepancies within ten (10) calendar days of invoice date. In addition, Purchaser must notify Tsuri Computers of any billing discrepancies related to Purchaser’s authorized returns within thirty (30) 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.