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Standard Terms of Sale
All sales are subject to the following terms and conditions:
  1. Customer Acknowledgment.
    Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from MTMnet.
  2. All Sales Made In Carlsbad, CA.
    All sales shall be deemed made in the State of California, County of San Diego, USA, regardless of the location of the Customer. The Customer agrees that any dispute with MTMnet arising out of the Customer's purchase from MTMnet shall be brought by the Customer exclusively in the state or federal courts situated in the State of California, County of San Diego; and the Customer hereby agrees that such venue is appropriate and that MTMnet's agreement to sell and deliver products to the Customer is dependent on this provision.  Customer also agrees that the prevailing party will be entitled to an award of reasonable attorney fees and costs.
  3. Purchase Price.
    (a) Prices and promotions are listed in MTMnet's catalogs and Web site, and are subject to change without notice. Prices for certain governmental, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties.

    (b) Payment is due before shipment, unless credit terms have been arranged in advance with MTMnet's Credit Department. In such case, payment terms shall be as set forth in the credit agreement.  Accounts over 30 days are subject to a late payment charge of 1.5% per month or portion thereof from and after the invoice date until unpaid balance is paid in full.  This rate equals an 18% Annual Percentage Rate.

    (c) MTMnet collects sales and use taxes for sales made to residents of the State(s) of California and Hawaii. MTMnet shall not be liable for handling or customs charges for shipments outside the United States.

  4. Shipping Terms.
    Shipping terms are: F.O.B. Carlsbad, CA.  MTMnet will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Risk of loss or delay is upon you the Customer once MTMnet  delivers the Product to the carrier. Delivery times are estimates only and MTMnet shall not be liable for delays.
  5. Vendor License Agreements.
    Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
  6. International.
    Products sold by MTMnet, including equipment and software, may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.
  7. LIMITED MANUFACTURER'S WARRANTY.
    (a) MTMnet warrants that it has good title to the hardware Products it sells, and that it has proper authority to license the software Products it distributes

    (b) MTMnet does not warrant the performance or integrity of any Product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective Products.

    (c) STATEMENTS MADE TO YOU IN THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND READINESS DISCLOSURE ACT, (___U.S. C.___) (P.L. 105-271). IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF.

    (d) MTMnet  DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR PURPOSE.

    (e) MTMnet's  90 Day warranty on used / refurbished equipment begins on the day of the MTMnet Invoice.

  8. LIMITATION OF LIABILITY.
    IN NO EVENT SHALL MTMnet  BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER'S OR PUBLISHER'S END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL MTMnet's LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM MTMnet SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
  9. Returns.
    Returns of Products are subject to MTMnet's current return policies, which are set forth in the catalogs, Web site, and shipping statement, subject to any additional or lesser return rights adopted by the manufacturer or publisher. Read our Returns Policy
  10. Exclusive Agreement.
    These Terms of Sale represent the complete and final agreement between the Customer and MTMnet for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in MTMnet's invoice for the relevant sale. Terms contained in Customers' purchase orders, offers to buy, terms and conditions, and the like shall have no effect.
  11. General.
    (a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of California.

    (b) In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.

    (c) MTMnet shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.

    (d) These Terms of Sale may be modified from time to time by MTMnet without notice, and are current as of the date of the then current catalog or Web site. Please refer to the current catalog or Web site.


Contacting MTMnet about Terms & Conditions
Questions regarding our Terms & Conditions should be directed to  MTMnet via email at sales@MTMnet.com , or phone at 760-804-1435, Toll Free: 877-8MTMnet


Contact Us!

sales@MTMnet.com