TERMS AND CONDITIONS
|PLEASE READ THE TERMS AND CONDITIONS VERY CAREFULLY.
THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED
HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS
DELIVERED BY YOU ("CUSTOMER") ARE HEREBY DEEMED TO BE
MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND
REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED IN MCC’S
INVOICE OR OTHER MCC DOCUMENTATION, CUSTOMER AGREES TO BE
BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF PRODUCT
SALES UNLESS CUSTOMER AND MCC HAVE SIGNED A SEPARATE
AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS AND RESULTS
THEREOF POSTED ON THE WEBSITE DO NOT CONSTITUTE PART OF THE
AGREEMENT BETWEEN MCC AND CUSTOMER.
Important Information About These
Terms and Conditions
These Terms and Conditions of Product Sales constitute a binding
contract between Customer and the MCC Entity identified on
Customer's invoice ("MCC") and are referred to herein as either
"Terms and Conditions of Product Sales" or this "Agreement".
Customer accepts these Terms and Conditions of Product Sales by
making a purchase, placing an order or otherwise shopping on MCC's
Website (the "Site"). These Terms and Conditions of Product Sales
are subject to change without prior notice, except that the Terms
and Conditions of Product Sales posted on the Site at the time
Customer places an order will govern the order in question, unless
otherwise agreed in writing by MCC and Customer.
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 MCC at the address provided below. In addition,
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for details.
IN CASE OF PROCUREMENT OF SERVICES, INDEPENDENTLY OR IN CONJUNCTION
WITH THE PURCHASE OF PRODUCTS, SUCH SERVICES SHALL BE ON AND SUBJECT
TO THE TERMS AND CONDITIONS OF SERVICE PROJECTS ON THE SITE.
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 and Conditions of Product Sales contained herein and in MCC’s
invoice or other MCC 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 and Conditions of Product
Sales or any purchase order or invoice related thereto.
THESE TERMS AND CONDITIONS OF PRODUCT SALES AND ANY SALE OF PRODUCTS
HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS,
WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION,
ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT
EXCLUSIVELY IN WHIESIDE COUNTY, ILLINOIS AND CUSTOMER CONSENTS TO
THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN,
SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE
VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL
JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Except in the case of nonpayment, neither party may institute any
action in any form arising out of these Terms and Conditions of
Product Sales more than one (1) year after the cause of action has
Pricing Information; Availability
All pricing is subject to change. MCC reserves the right to make
adjustments to pricing and products for reasons including, but not
limited to, changing market conditions, product discontinuation,
product unavailability, manufacturer price changes and errors in
advertisements. We make every
attempt to ensure accuracy but mistakes can occur. All
orders are subject to product availability. Therefore, MCC cannot
guarantee that it will be able to fulfill Customer’s orders.
Limitation of Liability
NEITHER MCC NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS
OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY THIRD PARTY. WHETHER A CLAIM FOR ANY SUCH LIABILITY
IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY OF LIABILITY. NEITHER MCC NOR ITS
AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE
OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR
ANY LIABILITY RELATED TO THE PURCHASE, DELIVERY OR USE OF PRODUCTS,
NEITHER MCC NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES IN EXCESS OF THE THE DOLLAR AMOUNT PAID BY
CUSTOMER FOR THE PRODUCT(S).
MCC will not be responsible for any delays in delivery which result
from any circumstances beyond its 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. Any shipping dates provided by MCC are
Normally MCC does not accept international
orders except to North America. Shipping is limited to the United States
and Canada. If this transaction involves an export
under the Export Administration Regulations, the commodities,
technology and/or software sold or distributed under these Terms and
Conditions of Product Sales exported from the United States by MCC
were exported in accordance with the Export Administration
Regulations. Diversion, use, export or re-export contrary to United
States law is prohibited. The commodities, technology and/or
software sold or distributed under these Terms and Conditions of
Product Sales may not be exported or re-exported to Cuba, Iran,
Sudan or Syria or to entities and persons that are ineligible under
United States law to receive United States commodities, technology
and/or software. In addition, manufacturers' warranties for exported
products may vary or may be null and void for products exported
outside the United States.
Customer understands that MCC is not the manufacturer of the
products purchased by Customer hereunder and the only warranties
offered are those of the manufacturer, not MCC. In purchasing the
products, Customer is relying on the manufacturer’s specifications
only and is not relying on any statements, specifications,
photographs or other illustrations representing the products that
may be provided by MCC or its affiliates. MCC AND ITS AFFILIATES
HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED,
RELATED TO PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF
NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE
MANUFACTURER'S WARRANTY, IF ANY. If there is any question about
a product warranty, please contact MCC by e-mail. Used or refurbished merchandise carries
NO warranty. These items are sold AS IS. (Some component parts for older equipment may only be available
as used items.)
Terms; Interest; Taxes
Orders are not binding upon MCC until accepted by
MCC. Terms of payment are within MCC's sole discretion. Invoices are
due and payable within the time period specified on the invoice,
measured from the date of invoice, subject to continuing credit
approval by MCC. MCC may invoice Customer separately for partial
shipments. Customer agrees to pay interest on all past-due sums at
the lower of one and one-half percent (1 1/2%) per month or at the
highest rate allowed by law. Customer is responsible for, and will
indemnify and hold MCC harmless from, any applicable sales, use,
transaction, excise or similar taxes (but not taxes imposed or
measured by MCC's net income), and from any federal, state or local
fees or charges (including, but not limited to, environmental or
similar fees), imposed on, in respect of, or otherwise associated
with the order. Customer must claim any exemption from such taxes,
fees or charges and must provide MCC with the necessary supporting
documentation at the time of purchase. Any sales, use or other
applicable tax or fees or assessments is based on the location to
which the order is shipped. In the event of a payment default,
Customer will be responsible for all of MCC’s costs of collection,
including court costs, filing fees and attorneys fees.
- No merchandise may be returned after 30 days and MCC
customer return requests must be made within the 30 days of
A 20% restocking fee may apply on any returned
- Please return all products 100% complete. This includes
manufacturer box, UPC label, packing materials, all manuals,
blank warranty cards and accessories.
- Return privileges are contingent upon various manufacturer
policies. MCC reserves the right to decline return requests
based on those policies. Please verify policies for specific
item(s) with MCC.
No returns on software. (This prevents
individuals from purchasing, copying and returning software).
- In order to expedite a return, please have the following
information on hand when requesting an RMA number: Customer
number, invoice number, serial number, reason for return, action
to take (replacement/repair/return/credit) and whether the box
has been opened or is manufacturer sealed. Please do not
write on or damage the manufacturer box.
- Customer is responsible for shipping charges for all
products being shipped back to MCC. Products exchanged or
replaced will be shipped by MCC to Customer, at MCC’s expense,
using the same shipping method as was used by Customer to ship
the original products back to MCC. If the carrier selected by
Customer is not used by MCC, a comparable shipping method will
- Customer is responsible for all risk of loss and damage to
products being shipped back to MCC. Please fully insure return
shipment in case of loss or damage. Please use a carrier that is
able to provide you with proof of delivery such as UPS, Federal
Express or DHL. This is for your protection as well as to ensure
quick action on your return.
- Return shipping address:
Meyer Computer Consulting
(Place your RMA number on this line)
1812 5th Ave
Sterling, IL 61081
Failure to return a product within the applicable return period
will be deemed to be an acceptance of the product.
If 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 MCC immediately to arrange for a
carrier inspection and a pick up of damaged products WITHIN THE
FIRST 10 DAYS of receipt. Timely receipt of this information is
necessary for MCC to file a damage claim.
MCC will accept a cashiers check or money order on
all orders. MCC will accept personal or business checks subject to
verification. MCC will accept personal and business checks for
prepay orders. Allow 10 business days for clearing.
Repaired items that are left at MCC for more than 90 days
are considered abandoned and may be discarded. MCC will make attempts
to notify the customer.
Service work performed via 3rd
- Customers should contact Staples with any questions on work completed via Staples Easy Mobile Tech service.
- Customers should contact Dell Computer with any questions on work completed via Dell Services.
- Customers should contact OnForce with any questions on work completed via OnForce.
- Customers should contact
Barrister with any questions on work completed via
Click here for MCC contact information.
Meyer Computer Consulting reserves the right to
periodically review and make changes to the policies in this
document as deemed necessary.
Version Date: 5/05/07