ONLINEITMART STANDARD TERMS AND CONDITIONS OF SALE
Please read these terms and conditions very carefully. The terms and condition of product sales and service projects are limited to those contained herein .Any additional or different terms or conditions in any for 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 acceptation delivery of the products or by engaging the onlineitmart affiliate identify on the invoice statement of work .The Terms and Conditions (“Terms”) contained herein shall apply to all quotations and offers made by and purchase orders accepted by Onlineitmart. These Terms apply to all sales made by Onlineitmart except to the extent the Terms conflict with a Sales Agreement signed by Onlineitmart and Buyer. These Terms apply in lieu of any course of dealing between the parties or usage of trade in the industry. These Terms may in some instances conflict with some of the terms and conditions affixed to the purchase order or other procurement document issued by the Buyer. In such case, the Terms contained herein shall govern, and acceptance of Buyer’s order is conditioned upon Buyer’s acceptance of the terms and conditions herein, irrespective of whether the Buyer accepts these conditions by a written acknowledgement, by implication, or acceptance and payment of products ordered hereunder. Onlineitmart’s failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of the provision herein. Any changes in the Terms contained herein must specifically be agreed to in writing signed by an officer of Fairchild before becoming binding on either party.
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these Conditions :
“Buyer” means the person firm or company so described in the Order, And also the entity or person that accepts these Terms and conditions.
“Conditions” means the standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) includes any varied or special terms and conditions agreed in writing between Onlineitmart and the Buyer ;
“Contract” means the contract of the sale and supply of the Goods and/or the supply and performance of the Services subject to these Conditions ;
"Goods" means the Goods( including any installments of the Goods or any part of them) described in the Order ;
"Order" means any written quotation of Onlineitmart which is accepted by the Buyer ,or any written order of the buyer which is accepted by the Onlineitmart for the supply of goods or performance of services ;
"Price" means the price of the Goods and/or the charge for the Services ;
"Specification " includes any plans ,drawings,data,or process or other technical requirements or information including Onlineitmart's web site relating to the Goods or Services greed between the parties.
"The Customer" means the persons or organization requesting a credit account.
"The Customer" means the party commissioning the Service as named on the Invoice.
"The Products" means computer hardware ,software or peripheral products which are the subject of the Service offering and ordered by the customer,accepted by Onlineitmart and specified on the Invoice and such additions or changes thereto as may from time to time to time be agreed in writing between the partis.For the purposeof interpretation of this Agreement, the products shallalso include any part or component of them.
"The Location" means the place where the Products are situated as notified to Onlineitmart and specified on the Invoice.If no particular location is specified,the Location shall be taken to be the customer's address specified on the Invoice.
"The Invoice" means the document sent by Onlineitmart to the Customer,demanding,inter alia ,payment for the Services and evidencing the service offering purchased by the customer.
"The Service Offering(s)" means the different service option offered by Onlineitmart for the products or any part of them and for varying periods as delineated in Onlineitmart I's published literature,and which for the purposesof this Agreement are
incorporated,whererelevant,hereto and are provided by Dell pursuant to clause 2.
"The Emergency Service" means the emergency Services to be provided by Onlineitmart.
"The Services" means the Service Offerings and the Emergency Services.
"The Service Fee" means the charge for the service as specified by Onlineitmart in the relevant Service Offering or over the telephone and as evidenced in Onlineitmart's Invoice.
"Standard Service Hours" means the hours between 10.00 a.m and 6.00 p.m each day excluding Sunday and public holiday.Additional service hours may be available at Onlineitmart ' s discretion in consideration of the payment of additional fees.
2.GENERAL BASIS OF SALE
2.1 These Conditions apply to all contracts for sale of goods by Onlineitmart.
2.2 The placing of an order by the Buyer for the Goods shall constitute acceptance of these conditions not with standing any other terms and conditions subject to which any quotation by Onlineitmartis accepted or purported to be accepted or any such order is made or purported to br made by the Buyer.
2.3 No order submitted by the buyer shall be deemed to be accepted by Onlineitmart unless and until confirmed in writing by onlineitmart's authorized representative.
2.4 No variation to these conditions shall be binding unless agreed in writing between the authorized representatives of the buyer and onlineitmart.
2.5 The Buyer acknowledges that all advice,instructions or recommendations of onlineitmart rely and are dependent upon al the information and technical background given to onlineitmart by the buyer.
2.6 Where the Buyerdoes not specify a particular process,Onlineitmart will not be liable for any defect or failure of the process or entitle the buyer to with hold payment if onlineitmart have dispensed with such inspection on request of the buyer for whatever reason.
3. Delivery
1. Standard Delivery
We endeavor to deliver your order within 5-7 working days.
2.Express Delivery
We will endeavor to deliver your order within 2-3 working days.
For multiple products purchased at the same time, you will be charged the postage and packing amount for the individual product with the highest postage and packing cost.
Free Shipping promotions only refer to Standard Shipping.Express delivery will always be charged at the full cost.
All Express Delivery chargs for order delivered more than 3 working days from date of order will be refunded on request.
The charges and terms for postage & packing and delivery are subject to change without notice.
4 ALLOCATION OF LIABILITY FOR DAMAGE CAUSED BY HE GOODS
4.1 Onlineitmart shall not be liable for loss or damage caused by the goods to any property or for damage to or loss concerning property which the goods are made part of,mixed with or incorported into or any other loss or damage to any property,where the damage is caused by the goods because of properties in the goods.
5. REPLACEMENT
1. Onlineitmart reserves the right to replace the whole of the products or any part or parts there of which may be found to be faulty or in need of investigation even where only a part of the products are so faulty or in need of investigation.
2. Onlineitmart,in effecting such replacement is under no obligation to use products or any parts there of which are identical in all respects to the faulty products .Unless local laws determine otherwise,Onlineitmart reservestheright to supply used or reconditioned parts or products which are equivalent to new in functionality and appearance.Onlineitmart shall ensure that any products or parts there of used in replacement shall have substantially the same fittings and at least an equivalent specification to the faulty products or parts there of onlineitmart reserves the right to supply products or parts there of manufactured by whom so ever it shall from time to time deem appropriate.
3.The products or parts supplied to replace the products shall become the property of the owner of the products.The products or any part or part there of removed shall become the property of onlineitmart.
4.The warranty term for a spare part used in repairing products ("Replacement Part") is 90 days from its installation in the products or the remainder of the warranty terms for the produce into which it is installed,which ever is longer.For the avoidance of doubt,the warranty terms of a product is not extended after its repair or replacement. Customer will pay Onlineitmart for a Replacement Part when the part replace is not returned by customer to onlineitmart within 10 days after the date the Replacement Part was delivered to Customer by Onlineitmart prices of the part replaced will be at Onlineitmart's then current standard price in the Territory.
5. The provisions of this Agreement shall apply to all replacements of any part or part of the products made by Onlineitmart during the continuance of this Agreement.
6. EMERGENCY SERVICES
In addition to the Services,Onlineitmart shall,at its sole discretion provide during the continuance of this Agreement an emergency corrective service outside the Standard Service Hours.Onlineitmart shall respond to a request for such Emergency Service as soon as practicable after its receipt of such request.All request for Emergency Service shall be made during the Standard Service Hours.The Emergency Service shall be provided at Onlineitmart's standard scale of charges for such service from time to time in force .Such charges shal take into account not only the time that Onlineitmart's service engineer spends a the Location but also his traveling time to,and where appropriate from that Location.
7. PRICE AND PAYMENT TERMS
For order placed on this website,Onlineitmart accepts :....................
For information on other methods of payment please call ..........................
Prices are subject to change without notice.Onlineitmart are not responsible for typographica errors.
7.1 Payment Options
When placing an order on this website,you may elect to pay in full or, if your total order meet the minimum amount shown below use our convenient payment plan with no interest charges from Onlineitmart.A debit/credit card is required for the payment plan and subject to status.An intial deposit of 20% of the total is due at the time of order followed by four equal monthly payments charged to your debit /credit card.
Minimum order total for the payment plan is ..............,excluding P&P.
Monthly payment will be charged each month over a 4-month period.
In the event that the product is returned, the deposite is fully refundable.
In the event of a late payment,credit /debit card company interest charges may apply.The payment plan cannot be combined with any other offer or applied to previous purchases.Other restrictions may apply.Onlineitmart factory Outlet financing may differ.
The product price,VAT and post& packing costs are spread evenly across the deposite and each payment.Payments may be rounded to the nearest pence.Onlineitmart will dispatch your product order upon receipt of the deposite payment (Subject to availability).Price and/or payment plan subject to change without notice.
7.2 Pricing Information ; Availability Disclaimer
Onlineitmart reserves the right to make adjustment to pricing,Products and Service offerings for reasons including,but not limited to, changing market condition,Product discontinuation.Products unavailability,manufacturer price changes,supplier price changes and errors inadvertisements.All order are subject to Product availability and the availability of Personnel to perform the Services.Therefore,Onlineitmart cannot guarantee that it will be able to fulfill Customer's order.If Service are being performed on a time and materials basis,any estimates provided by Onlineitmart are for planning purposes only.
7.3 Price Changes
Shipment will be made promptly even if prices have been nominally increased.Price reductions will be automatically applied to your invoice.
8. RETURN PRIVILEGES
Onlineitmart.com allows customer returns based on the policies of the original product manufacturer.Software is not returnable if the packaging has been opened.If software was distributed electronically,it is not returnable if the licenses were downloaded.For additional information see Onlineitmart full Products Return Policy at the following link :
Return Policy :- Customers should contact e-mail at Customer Relations to initiate a return or for additional information .Customer must notify Onlineitmart Customer Relations of any damaged Products within fifteen(15) days of receipt.
9. SATISFACTION GUARANTEE
In the event that you wish to return the product purchased on this website during the 30 day trial period,please contact Bose Customer Services on ........or write to Support@onlineitmart.com.
Product must be returned in its original condition.
10. WARRANTY
We offer a two year guarantee against defects in materials or workmanship.If your products is not satisfactory in accordance with the terms of the warranty,please contact Onlineitmart Customer Services on ............ or write to Support@onlineitmart.com.
11. LIMITATION OF LIABILITY
These limits do not supersede your statutory right.For products purchased on this site,except for claims of personal injury or death,the maximum liability of Onlineitmart shall not exceed the actual purchase price of the product.Onlineitmart shall not be liable for special ,incidental,consequential,or indirect damages.
12.OTHER INFORMATION
We advise you to print a copy of your information in the future.
13. GOVERNING LAW
These terms and Conditions,any statements of work,the service hereunder 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 cook county,illinois and customer consents to the jurisdiction of the federal and state court located therein,submits to the jurisdiction thereof and waives the right to change venue,Customer furtherconsents 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 more than one (1) year after the cause of action has arisen.The rights and remedies provided Onlineitmart under these Terms And Conditions are cumulative are in addition to and do not limit or prejudice any other right or remedy available at law or inequity.
14. RISK OF LOSS
If Customer provides Onlineitmart with customer's carrier account number or selects a carrier other than a carrier that regularly ships for Onlineitmart, title to Products and risk of loss or damage during shipment pass from Onlineitmart to Customer upon delivery to the carrier(F.O.B. Origin,Freight collect). For all other shipments title to Products and risk of loss or damage during shipment pass from Onlineitmart to Customer upon delivery to the specified destination (F.O.B. Destination,freight prepaid an added).Not with standing the foregoing title to software will remain with the applicable licensor(s),and Customer's rights there in are contained in the license agreement between such licensors and customer.A purchase mony security interest is retai ed in the Products to secure payment in full.Customer authorizes Onlineitmart to file a financing statement reflecting such security interest and if requested Customer will record such purchase money security interest on its books.
15. DELAYS IN SERVICES
Neither Onlineitmart.com(including its and their direcors employees affiliates agents representatives or subcontractors) shall be liable for any loss or liability resulting directly or indirectly from delays or interruptions due to electronic or mechanical equipment failures telephone interconnect problems defects weather strikes walkouts fire acts o god riots armed conflicts acts of war or other like causes.Onlineitmart.com shall have no responsibility to provide you access to Onlineitmart.com while interruption of Onlineitmart.com is due to any such cause shall continue.
16. CONFLICTING TERMS
If there is any conflict between this User Agreement and other documents, this User Agreement shall govern whether such order or other documents is prior to or subsequent to this User Agreement or is signed or acknowledged by any director officer employee representative or agent of Onlineitmart.com.
17. TERMINATION
This User Agreement and the license rights
granted hereunder shall remain in full force and effect
unless terminated or canceled for any of the following
reasons: (a) immediately by Onlineitmart.com for any
unauthorized access or use by you (b) immediately by
Onlineitmart.com if you assign or transfer (or attempt
the same) any rights granted to you under this
Agreement; (c) immediately, if you violate any of the
other terms and conditions of this User Agreement.
Termination or cancellation of this Agreement shall not
effect any right or relief to which Onlineitmart.com may
be entitled, at law or in equity. Upon termination of
this User Agreement, all rights granted to you will
terminate and revert to Onlineitmart.com. Except as set
forth herein, regardless of the reason for cancellation
or termination of this User Agreement, the fee charged
if any for access to Onlineitmart.com is non-refundable
for any reason.
18. JURISDICTION
The terms of this agreement are exclusively
based on and subject to Indian law. You hereby consent
to the exclusive jurisdiction and venue of courts in New
Delhi, India in all disputes arising out of or relating
to the use of this website. Use of this website is
unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions,
including without limitation this paragraph. |
