Payment
Terms of payment are net (30)thirty days from date of invoice, on credit approval. In the event that payment is not received within thirty days any unpaid balance shall commence to bear interest at the rate of 18% per annum from the 31st day after the invoice date. All other payments are either COD, cashier's check or cash with order. Please allow 5 bank days for the check to clear.
Taxes
Seller's price does not include sales, use or similar taxes. Accordingly, the buyer shall provide the seller with a tax exemption certificate acceptable to the taxing authorities, or pay any sales, use, excise or similar tax.
Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall PTEK, or its affiliates, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, PTEK equipment. You specifically acknowledge and agree that PTEK is not liable for any defamatory, offensive, or illegal conduct of any user.
If your equipment fails to perform in accordance with the specifications provided by PTEK (minor deviations from specifications which do not affect performance are excluded), contact PTEK’s technical support staff. If, after attempts to resolve the problem are made and your equipment continues to fail to meet the specifications, you can return the PTEK equipment within the first 30 days from the date on your invoice and a 15% restocking fee will be applicable on any return for credit.
Cancellation of Orders
Why a Restocking Fee?
Restocking fees become necessary to keep our costs and prices down. When items are returned in non-resalable conditions, we have to sell them as used and below our cost. We try to keep the restocking fee as low as possible and in line with the cost associated with the return.
Shipping charges are NOT refundable. Labor charges and other services are NOT refundable. We reserve the right to check the condition and verify any defects of the returned items before issuing a refund.
The following items and associated conditions do not qualify for a refund even if the items are returned within the 30 day time limit:
Shipping charges
Labor charges
Opened or modified module chassis
Any items that have been defaced or physically damaged
Any items that have become non-functional due to unapproved user intervention
Demo units that are marked non-refundable
Any items that have had the serial number label removed
Any items or components that do not have the original serial number labels
Any items returned without the original packing and box or cable set
Any non-stock items, custom cables, special order items
Items that are returned in non-resalable condition
When returning items for credit, obtain a Return Material Authorization (RMA) number by going on our website www.ptekpower.com and follow the instructions in the RMA section. After receiving your RMA number, send the item(s) to PTEK together with a copy of the original invoice, and ALL the original packaging materials including cables, and manuals as applicable. You must have a matching serial number between the item(s) and the invoice. Partial returns are not acceptable. Credits are handled by our Credit Department. Credits may take 10-14 business days to confirm and complete after the goods have been received and the condition of the equipment has been assessed.
All equipment returned to PTEK must be accompanied by an RMA number. This number is necessary to ensure proper tracking and handling of returned material at the factory. PTEK reserves the right to refuse shipments not accompanied by RMA numbers. Refused shipments will be returned to the shipper via collect freight.
Orders accepted by the seller may be cancelled by the buyer only upon written consent of the seller. In the event of cancellation or other withdrawal of an order, for any reason, and without limiting any other remedy which the seller may have as a result of such cancellation or other withdrawal, cancellation or restocking charges, which shall include all expenses then incurred on commitments made by the seller shall be paid by the buyer to the seller.
Shipping
Terms are FOB San Jose CA.
Buyer is responsible for the actual freight and insurance charges in addition to a $35 handling fee for each shipment piece.
All freight will be NOT be insured unless other written instructions are received from the buyer.
The buyer is responsible for in-bound freight charges for warranty repairs within the first 30 days of purchase. PTEK will pay the UPS (ground) outbound freight charges. After 30 days from purchase and in the case of return for refund. The buyer will be responsible for all freight charges.
Limited Warranty
PTEK (SELLER) warrants that products are free from defects in material and workmanship and meet performance specifications provided, however, that:
(A) SELLER’S liability under this Warranty is limited to repairing or replacing, at its option, any product delivered hereunder not conforming to this Warranty;
(B) This Warranty is limited to a period of three years (in the case of standard part) or one year (in the case of any modified or built to order part);
(C) Minor deviations from specifications which do not affect performance are excluded from this Warranty; and
(D) SELLER shall be liable under this Warranty only if:
(1) It is promptly notified in writing by the Buyer upon discovery of the failure of any product to conform to this Warranty,
(2) The product is returned to SELLER, transportation charges prepaid by the Buyer,
(3) The product is received by SELLER not later than ten days after the last day of the one-year period of this Warranty, and
(4) SELLER’ examination of the Product discloses to SELLER’S reasonable satisfaction that such defects or failures as may exist have not been caused by misuse, neglect, improper installation, repair, alteration, accident or shipping.
The Buyer will prepay freight to and from SELLER on products serviced here under at SELLER’ plant; but SELLER may, at its option, elect to perform any repairs here under at the Buyer’s place of business.
The foregoing constitutes SELLER’S entire Warranty expressed, implied and/or statutory, except as to title, and states the full extent of SELLER’S liability to the Buyer or to any other party for any breach of such Warranty and for damages, whether direct, special, incidental or consequential; and, other than as expressly provided in this document. No Warranties, expressed or implied, including any Warranty or merchant ability or of fitness for a particular purpose, are made. No employee, representative or agent of SELLER has any authority, expressed or implied, to alter or to supplement the terms of this Warranty.
Warranty Service
The Limited Warranty covers parts and labor to the original purchaser for two years. Damage caused by misuse or shipping is excluded from the warranty. Before returning units or material, contact the factory for a Returned Material Authorization (RMA) number. Units returned under warranty with no faults will be charge a $100 service fee plus all shipping costs. Ship all material prepaid. Defective material should be addressed to:
PTEK
Customer Service Manager
1723 Little Orchard Drive STE D
San Jose, CA. 95125
(408) 448-3342
Out of Warranty Repairs
Work on repair cannot start until full payment is received. Any units submitted for repair and not paid for within 30 days will become the property of PTEK. Repairs are warranted for 90 days.
Governing Law This agreement shall be governed by the laws of the State of California. |
