|Standard Terms of Sale
All sales are subject to the following
terms and conditions:
- Customer Acknowledgment.
Customer acknowledges agreement with these Terms of Sale by the
placement of an order to purchase a Product from MTMnet.
- 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.
- 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.
- 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.
- Vendor License Agreements.
Customer agrees to abide by all license provisions or end user
agreement imposed by the manufacturer or publisher.
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
- 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.
- 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.
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
- 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.
(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
(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
Questions regarding our Terms & Conditions should be directed to
via email at sales@MTMnet.com , or
phone at 415-593-1090, Toll Free: 800-884-6945