Professional Marketing Services, Inc.Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE (" SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH PROFESSIONAL MARKETING SERVICES, INC. ("PMSI"), IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and PMSI. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "PMSI" shall relate to Professional Marketing Services, Inc., Inc. and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Customer and PMSI relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by PMSI. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting PMSI at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN MARICOPA COUNTY, ARIZONA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified. Loss or damage that occurs during shipping by a carrier selected by PMSI is PMSI's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
General Legal Disclaimer
PMSI HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY PMSI IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, PMSI reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome.
While PMSI uses reasonable efforts to include accurate and up-to-date information on the Site, PMSI makes no warranties or representations as to the Site's accuracy. PMSI assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
PMSI will not 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 except as expressly provided herein. PMSI will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services, PMSI is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon PMSI until accepted by PMSI. Terms of payment are within PMSI's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. PMSI may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
In order to return anything to Professional Marketing Services, Inc., you must first obtain an RA# (Return Authorization #) by calling Customer Service at 480-940-5400. PMSI offers a 30-day return policy on selected items based on manufacturer return policies. For further information not listed, please contact Customer Service.
All products returned MUST: be 100 percent complete and contain ALL original manufacturer boxes with the original UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment.
Shipping charges on returned items are the customer's responsibility.
For your protection, we strongly recommend you fully insure your return shipment in case of loss or damage. Use a carrier that is able to provide you with proof of delivery.
If you receive damaged merchandise, it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for PMSI to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify PMSI immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify PMSI of damaged goods within the first 5 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Contact Customer Service at 480-940-5400 or your PMSI account manager to arrange for carrier inspection and a pick up of damaged merchandise.
DEFECTIVE returns can be returned directly to PMSI within 30 days from the invoice date, at PMSI's discretion for: credit, replacement, exchange or repair.
Manufacturer restrictions do apply. Any item that is missing the UPC code will ONLY be replaced with the same item. After 30 days, all manufacturers warranties apply.
NON-DEFECTIVE returns can be accepted directly by PMSI within 30 days from the invoice date, at PMSI's discretion. All NON-DEFECTIVE returns are subject to a 20 percent restocking fee.
If the package is refused by the customer, the customer shall be responsible for the return shipping fees.
Software Return Policy
Unopened software can be returned within 30 days of invoice date. Unopened software returns are subject to a 20 percent restocking fee, and buyer pays for return shipping.
Opened software cannot be returned.
Defective software can be returned to PMSI. The return must take place within 30 days of invoice date and may only be replaced for the SAME software title. Multiple software licenses cannot be returned for refund or exchange unless first authorized by the manufacturer.
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers warranties for exported goods may vary or even be null and void for goods exported outside the United States. Any and all liability is only for the products purchased. PMSI is not responsible for any import and/or customs fees that may be incurred.
Import, Customs, Duty, and Brokerage Fees
Your local government or carrier may charge an import, customs, duty, or brokerage fee. These fees are out of the control of PMSI, and vary based on your local government and carrier requirements. Please contact your local government or carrier to determine these fees.