TERMS AND CONDITIONS

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.

Governing Law

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 arisen.

Pricing Information; Availability Disclaimer

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 estimates

Shipping & Export Sales

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.

Warranties

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.)

Orders; Payment 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.

Return Privileges

• No merchandise may be returned after 30 days and MCC customer return requests must be made within the 30 days of invoice date.

• A 20% restocking fee may apply on any returned merchandise.

• 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 be selected.
• 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
  Attn: Returns
  (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.

Damaged Products

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.

Check Payment Policy

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.

Service Work

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 party dispatch services

• 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 Barrister.

Contacting MCC
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