TERMS AND CONDITIONS
THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED 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 Rugged Computing, Inc’s INVOICE OR OTHER Rugged Computing, Inc., DOCUMENTATION OR RUGGED COMPUTING, INC., COMPANIES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS UNLESS CUSTOMER AND RUGGED COMPUTING, INC., TOUGHRUGGEDLAPTOPS HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
These terms and conditions constitute a binding contract between you ("Customer") and Rugged Computing, Inc., and Toughruggedlaptops. Customer accepts these terms and conditions of sale by making a purchase or placing an order on the Rugged Computing, Inc., . and Toughruggedlaptops' (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and Rugged Computing, Inc., . and Toughruggedlaptops relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic record, which may be provided via a Web browser or e-mail application connected to the Internet.
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 sale contained herein and in Rugged Computing, Inc., . and Toughruggedlaptops' invoice or other 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 sale or any purchase order or invoice related thereto.
Title and Risk of Loss
The Title to products and risk of loss or damage during shipment passes from Rugged Computing, Inc., and Toughruggedlaptops to Customer upon product pickup by Customer or shipping carrier. For all orders lost or damaged during shippment, Rugged Computing, Inc., and Toughruggedlaptops will assist the Customer in filing any claims with the insurance company arising from loss or damage to the shipment during transit. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. Rugged Computing, Inc., . and Toughruggedlaptops retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
New Product Warranties
Customer understands that Rugged Computing, Inc., . and Toughruggedlaptops are not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Rugged Computing, Inc., . and Toughruggedlaptops. 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 Rugged Computing, Inc., . and Toughruggedlaptops or its affiliates. RUGGED COMPUTING, INC., . AND TOUGHRUGGEDLAPTOPS AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, RELATING TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF RUGGED COMPUTING, INC., . AND TOUGHRUGGEDLAPTOPS, 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.
New Product Limited Warranty
Rugged Computing, Inc., . and Toughruggedlaptops warrants Goods to be in good working condition as to materials and workmanship for a period of one year (twelve months) from the date of Rugged Computing, Inc., . and Toughruggedlaptops' invoice unless otherwise specified or by the manufacturer's own warranty policy. No repair or replacement shall extend any warranty. Return shipping costs for warranty repair or replacement is not included for domestic or international orders.
Refurbished Product Limited Warranty
Rugged Computing, Inc., . and Toughruggedlaptops warrants Goods to be in good working condition as to materials and workmanship for a period specified in the product description from the date of Rugged Computing, Inc., . and Toughruggedlaptops' invoice unless otherwise specified or by the manufacturer's own warranty policy. No repair or replacement shall extend any warranty. Return shipping costs for warranty repair or replacement is not included for domestic or international orders.
Limitation of Liability
NEITHER Rugged Computing, Inc., . and Toughruggedlaptops 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 PARTIES. NEITHER Rugged Computing, Inc., . and Toughruggedlaptops NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. Rugged Computing, Inc., . and Toughruggedlaptops 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. Anticipated delivery dates are based upon manufacturer supplied information and are subject to change and therefore any shipping dates provided by Rugged Computing, Inc., . and Toughruggedlaptops are estimates only.
Pricing/Shipping
All pricing is subject to change. Rugged Computing, Inc., . and Toughruggedlaptops reserve 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, Rugged Computing, Inc., . and Toughruggedlaptops cannot guarantee that it will be able to fulfill Customer's orders. Products are shipped within 72 hours unless otherwise stated via Rugged Computing, Inc. or your Sales Rep. UPS is the only courier we use to ship our products. Other carriers may be available upon request at an added fee. Tracking is automatically sent and also available upon request. All shipments are traceable and we only ship using this type of method.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA IN THE COUNTY OF ORANGE, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF ANY ARBITRATION OR LITIGATION WILL BE BROUGHT IN ORNAGE COUNTY, CALIFORNIA AND CUSTOMER CONSENTS AND SUBMITS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA AND THEREFORE WAIVES THE RIGHT TO CHANGE VENUE.
Payment Options
Payment by an American Express, MasterCard, Visa or credit card is accepted with no surcharge. If you prefer to pay by check, call a Sales Rep to process your order and direct your payment.Please allow 7 business days for company and personal checks to clear. We accept wire transfers.Purchase Orders are accepted for corporate, educational and government orders. All checks or Purchase Orders must include a contact person and phone number in order to be processed. A $35.00 administration fee will be charged on all returned checks. Applicable sales tax will be added to California orders. Canadian orders will be charged GST.
Return Policy
All products are covered by manufacturer's warranty against defects. Certain manufacturers require you to contact those manufacturers directly to repair or replace your products under their warranty. Please be sure to ask your Sales Rep about our extended support contract and specific return conditions before your purchase.
Non-Special Order Unopened product: if the manufacturer's factory seal is intact you may return an unopened product for exchange or refund within 14 days from the invoice date. Authorized returns after the 14 days from the invoice date will be subject to a minimum 25% restocking fee. A minimum 35% restocking fee will be charged if the product has been opened.
Special Order products: May not be returned.
Upon placment of Order(s) for new products, products are defined as Special Order products and may not be canceled or refunded under any circumstances.
No returns will be accepted without a Return Authorization Number. A Return Authorization Number may be requested up to 14 days from the invoice date. After 14 days from your invoice date, you are required to contact the manufacturers directly to repair or replace their product.
All products must be received within 10 days of receiving a Return Authorization Number. Items received after 10 days will be refused.
All Return Authorization Numbers must appear on the shipping label(s). PLEASE DO NOT MARK ON THE OUTSIDE OF THE BOX. All items must be returned with original packaging, including all warranty cards, manuals, cables, accessories, components, etc. PLEASE NOTE: When returning product we require you to use a shipping method that allows Rugged Computing, Inc., . and Toughruggedlaptops to track the package.
Replacement product orders will not be shipped until the original item is received and inspected. Once the item has been confirmed defective, the replacement will be shipped. If the defective item is being returned for credit, the credit will not be issued until the item has been inspected and confirmed defective. We can however, ship new product with a secure payment and issue credit once the returned product has been processed.
Software: All software is not returnable.
Shipping and handling charges are not refundable. The customer is responsible for all shipping charges and insurance on all return shipments.
Any deviation from the return policy outlined above will result in a delay of your refund, additional restocking fees, or refusal of your return.
All returns refunded via Payment Method Visa, MasterCard, American Express or Credit Card will incur a 3% processing fee
Acceptance Terms
The following are terms of a legal agreement between you and Rugged Computing, Inc., . and Toughruggedlaptops (hereinafter referred to as "Rugged Computing, Inc., ."). By accessing, browsing and/or using this site ("Toughruggedlaptops.com"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use Toughruggedlaptops.com. The material provided on Toughruggedlaptops.com is protected by law, including, but not limited to, United States Copyright Law and international treaties. Toughruggedlaptops.com is controlled and operated by Rugged Computing, Inc., . from its offices within the United States. Rugged Computing, Inc., . makes no representation that materials on Toughruggedlaptops.com are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access Toughruggedlaptops.com from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, Toughruggedlaptops.com and the materials contained herein is governed by the laws of the state of California in the County of Orange.
Use Restrictions
The copyright in all material provided on Toughruggedlaptops.com is held by Rugged Computing, Inc., . or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Rugged Computing, Inc., . or the copyright owner. Permission is granted to display, copy, distribute and download the materials on Toughruggedlaptops.com for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Rugged Computing, Inc., .'s permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on Toughruggedlaptops.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
U.S. Government Restricted Rights
The materials on Toughruggedlaptops.com are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Rugged Computing, Inc., .'s proprietary rights in them. Any questions concerning the use of Trademarks should be referred to Rugged Computing, Inc.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL RUGGED COMPUTING, INC., . BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON TOUGHRUGGEDLAPTOPS.COM, EVEN IF RUGGED COMPUTING, INC., . OR A RUGGED COMPUTING, INC., . AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Our Transmissions
Any material, information or idea you transmit to or post on Toughruggedlaptops.com by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Rugged Computing, Inc., . or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Rugged Computing, Inc., . will be handled in accordance with Rugged Computing, Inc., .'s Online Privacy Statement. You are prohibited from posting or transmitting to or from Toughruggedlaptops.com any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Term of Use Revisions
Rugged Computing, Inc., . may at any time revise these Terms of Use by updating this posting. By using Toughruggedlaptops.com, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.