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TERMS AND CONDITIONS OF SALES

.Please read these Terms and Conditions of sale very carefully. By accessing and purchasing products and services from micro smart web site, You are agreeing to the following Terms and Conditions of sales.

The Terms and Conditions of sale are limited to those contained herein. Any additional or different Terms in any forms delievered by 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 and services described in Micro Smart’s Invoice or other shipping related documentation, Customer agrees to be bound by and accepts these Terms and Conditions of sale unless Customer and Micro Smart Have Signed a separate agreement, In which case the separate agreement will govern

Please verify all received shipment immediately. Should you have any missing items from your order, please call Micro Smart at 908-222-4070 between 9 AM - 5 PM (EST) Monday through Friday.

Claims

All claims for loss or damage in shipment must be made to the carrier by the Buyer.

Order Cancellation

When an order is submitted, it can only be edited or cancelled by calling Micro Smart customer service at 908-222-4070. Most items enter the shipping process within 3 hours after placing the order. Order can be cancelled within these first 3 hours. Once the order beyond the processing stage or has been shipped, the order cannot be cancelled.

Internet Disclaimer

Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details. Most available 56K modems are capable of 56Kbps, however, current regulations limit download speed to 53Kbps.

Shipping

All orders are processed upon receipt. Actual shipping time is contingent upon availability of merchandise and credit verification by Micro Smart Credit Department. Most orders are shipped within 24 - 48 business hours of receiving your order. Micro Smart does not guarantee the same day shipping. All orders are shipped via UPS, and when available, the tracking information will be provided to your online account via email. We don’t ship to APO’s or POB’s or to hotels.

No orders are processed or shipped on Saturdays, Sundays or national holidays. In the event of delays, every effort will be made to contact you by phone or e-mail. If the delay is due to backorder, you will receive notice and be given the choice to remain on backorder, substitute to another item, or cancel your order. Our web site automatically computes shipping charges whenever you place an item in your shopping cart, and upon checkout will prompt you to choose the method of UPS delivery you wish.

Shipping time is not the same as total delivery time. We need time to process and assemble your order before we actually ship it choosing NEXT DAY AIR does not mean your order will be delivered the day after you place your order online.

Please Note: Micro Smart does not process International/Canadian shipments. Ground shipping is not available for Alaska and Hawaii; only 2nd Day or 3rd Day air is available.

Special Handling

Orders requiring Rush Delivery and/or Special Handling will be subject to additional special handling charges. When we receive an order requiring special handling we will inform you by email. If you would like to request special handling or rush delivery please email our customer service department or call to speak to a Micro Smart representative.

Credit Card

Micro Smart accepts Visa, Mastercard, Discover and American Express cards only. Your credit card is not charged until your order has shipped. We do not accept International Credit Cards and we never bill for credit card service fees. Please be sure to provide your exact billing address and telephone number--the address and phone number your credit card company has on file for you. Incorrect information may cause a delay in processing your order. If you would like your package to ship to an address other than your billing address (i.e. your workplace, family or friends), please contact your credit card company right away and have this shipping address added as an authorized alternate ship to address on their records.

Checks and Money Order

Micro Smart honors Cashier’s checks, US Post Office money orders, company checks, and personal checks. Please call our Sales Representative at 908-222-4070 to process your order and direct your payment. General policies on checks and money orders:

  • Business and Personal checks are accepted up to $2,000. Orders will be picked and shipped only after funds are released from your financial institution to Micro Smart. This process may take up to 7 to 10 business days after our receipt of your payment.
  • All checks returned unpaid will be subject to a $35.00 fee charged to you.
  • On orders being paid for by means other than credit card, availability of the product might change while your payment is in transit or funds are being cleared and Micro Smart cannot reserve product or guaranty continued availability.

Typographical Errors

Micro Smart's philosophy is truth in advertising, and we are committed to publish accurate selling prices for the products we offer on our web site. However on occasion we do make mistakes. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Micro Smart shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Micro Smart shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Micro Smart shall immediately issue a credit to your credit card account in the amount of the charge.

Information on Pricing and Availability Disclaimer

Due to market conditions and the fast pace of the computer electronics industries, all pricing is subject to change without notice. We make every effort to provide you the most accurate, up-to-date information. Despite our best efforts, a small number of the items on our web site may be priced incorrectly. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our manufacturers, Micro Smart shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

Buyer agrees to pay the total purchase price as specified and all applicable taxes. Micro Smart reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Micro Smart cannot guarantee that it will be able to fulfill Customer’s orders. Micro Smart will strive to give you an easy-to-use site that provides accurate content, including product information, pricing, policies and visual displays. Pricing, policies and item availability are subject to change without notice and we reserve the right to limit quantities. Prices displayed on the Micro Smart site are subject to final approval at the time of order fulfillment. Product images are shown for representational purposes only. In the event we are unable to provide an actual product image, Micro Smart reserves the right to substitute a similar image for the one described in the product information. While Micro Smart tries in good faith to make sure the information on our “web site" and information published at other sites on the Internet is accurate, we are not responsible for typographical errors or technical inaccuracies. This disclaimer in no way affects the term of any manufacturer's warranty.

Micro Smart hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchntability or fitness for a particular purpose. This disclaimer by Micro Smart in no way affects the Terms of the manufacturer’s warranty.

Children's Privacy Online

Micro Smart generally does not monitor the age of visitors to our web site nor is our web site structured to attract any children under age 13. Therefore we believe that it is ultimately the parents' responsibility to supervise their children's online activities and consider using parental control tools available from online services and software manufacturers as appropriate.

Shipping Charges and Taxes

Separate charges for shipping and handling will be shown on Micro Smart invoice(s). Unless the Customer provides Micro Smart with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Micro Smart acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order. Sales tax is automatically computed at the checkout process.

Tax Exemption

If you are a tax exempt customer in the state where the product will be shipped, please call us at 908-222-4070 (Monday through Friday, 9 AM - 5 PM EST) to pre-qualify. Our representatives will be happy to walk you through the process. For your convenience, your information will be kept on file for future purchases.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Micro Smart reserves the right at any time after receipt of your order to accept or decline your order for any reason. Orders placed online utilizing promotional offers by coupons are directed exclusively to the recipients and are non-transferable. In an event a coupon is misused in this manner, Micro Smart reserves the right to cancel such order without prior notice. Micro Smart reserves the right, without prior notice to you, to supply less than the quantity you ordered at any time after receipt of your order. All orders must obtain pre-approval with an acceptable method of payment, as established by our credit department. We may require additional verifications or information before accepting any order.

Manufacturer Rebates

Rebate and coupon offers provided by manufacturers are subject to the terms specified by the manufacturer. These terms include the timeframe of the offer, limitations on quantities, and combination with other offers. Proof of purchase and UPC codes from the original packaging are normally required for redemption of rebates by the manufacturer or the manufacturer's agent.

Most rebate forms will NOT be shipped with product unless included in or on the product's box.

Clearance Products

PLEASE NOTE ALL CLEARANCE PRODUCTS (INCLUDING REFURBISHED, NEW AND OPEN BOX ITEMS) PURCHASED FROM MICRO SMART OR ITS AFFILIATE WEB SITE CANNOT BE RETURNED.

CDs and manuals may not be included with desktops, but you may be able to order missing recovery disks from the manufacturer (additional fees may apply). All cameras, camcorders and PDAs DO include all manuals or CDs. We reserve the right not to sell to re-sellers.

Micro Smart will test each "open box" product by powering it up before we send it to you. Some new and refurbished products may come with a limited manufacturer's warranty. Product warranty information will be provided to you through the web site. Other than a "power up" test for the "open box" product, all Clearance items are sold "AS IS", unless we specifically tell you in writing if a product comes with a limited manufacturer's warranty. Micro Smart disclaims all warranties, expressed or implied, including any implied warranties of Merchantability and Fitness for Particular Purpose.

Limitation of Liability

All products purchased on the Micro Smart web site are guaranteed for 14 days from the date of the invoice. Except as expressly stated herein, Micro Smart makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Micro Smart web site, including but not limited to, merchantability and fitness for a particular purpose. Buyer agrees that the sole and exclusive maximum liability to Micro Smart arising from any product sold on the Micro Smart site shall be the price of the product ordered. In no event shall Micro Smart, its board of directors, officers, employees or other representatives be held liable for special, indirect, consequential, or punitive damages related to product sold.

Neither Micro Smart nor its affiliates will be liable for lost profits, loss of business or other consequential or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. Neither Micro Smart nor its affiliates will be liable for products not being available for use or for lost or corrupted data or software or the provision of services by third parties. Buyer agrees that for any liability related to the purchase of products or services provided by Micro Smart or its affiliates, neither Micro Smart nor its affiliates are liable or responsible for any amount of damages above the dollar amount paid by customer for the product(s) or service(s) under this terms and conditions of sale.

Attorneys’ Fee

If Micro Smart is the prevailing party in any litigation with you or related companies relating to the subject matter of unpaid invoice(s), Micro Smart has the right to collect reasonable attorney fees and other collection agency fees from you.

Governing Law

Any dispute over any part of the transaction(s) referenced in unpaid invoice(s) shall be governed by the law of state of New Jersey and/or the United States, and any litigation relating to the transaction shall have jurisdiction, venue, and shall be brought in Middlesex County, New Jersey, USA.

Changes to the Terms and Conditions of Sales

Micro Smart may change these terms and conditions of sales at any time, without prior notice. If you access or use our web site after Micro Smart posts a change, you accept that change. If you do not accept the change, do not access or use our web site. You should check terms and conditions of sales periodically

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