Terms and Conditions of Sale

Conditions of Use
By using or ordering from AMAXIT.com, you ("Customer") agree to be bound by the terms and conditions listed below. You and AMAX IT agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and AMAX IT. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, null and void. In addition, these terms and conditions are subject to change without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with AMAXIT.com. Please read them carefully.

Payment
We gladly accept Visa, MasterCard, Discover, American Express and Money Order/ Cashier's Check. Please note that we will only accept credit cards issued by a bank or financial institution within the U.S. with verifiable references. All billing information is subject to verification for safety and security purposes. For added convenience, AMAX IT also accepts payment by money order and cashier's check. For Money Order/ Cashier's Check purchases, AMAX IT must receive full payment before releasing the order for shipping. If full payment is not received within 7 business days from the original order date, AMAX IT will automatically cancel your order, unless you contact AMAX IT for further arrangements.

Billing and Shipping Information.
Accurate billing and shipping information provided by you will ensure prompt delivery of your online orders. Both billing and shipping information need to match with your credit card issuing bank's record. A $10.00 fee will be applied for the Change of Destination charges that the carrier demands should customers initiate any change of shipping information after products have been shipped.

Pricing, Specifications & Availability
Prices, specification and availability of products are subject to change without notice. Due to the volatile nature of the computer industry, product descriptions may not reflect current technical information. Any typographical, photographic or specification error in product, pricing, or offers is subject to correction. Although Internet online processing generates an automatic confirmation and response via email, AMAX IT may make changes on pricing, product description, and/or specification, after the confirmation and prior to product shipment. Such changes are intended to cope with situations including, but not limited to, corrections to errors, changing market conditions, discontinuation and/or unavailability of products. AMAX IT reserves the right to limit and prohibit any sale at its discretion. Proof of purchase and postage may be required for any rebate program.

Your Account
If you use the AMAX IT website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. AMAX IT does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use AMAX IT only with the involvement of a parent or legal guardian. AMAX IT and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Risk and Loss
All items purchased from AMAX IT are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions
AMAX IT and its affiliates attempt to be as accurate as possible. However, AMAX IT does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by AMAX IT itself is not as described, your sole remedy is to return it in unused condition.

Export:To comply with certain vendor agreements and government regulations, AMAX IT reserves the right to refuse to export products from the United States at any time. Customers shall be solely responsible for the preparation of necessary export documentation. Manufacturer's warranties for exported products may vary or be null and void.

Terms and Conditions
1. Purchase & Sale
Usage of the AMAXIT.com website will constitute acknowledgement and agreement of the Terms & Conditions as described on the document. By placing an order through the AMAXIT.com website you consent and agree to all the terms and conditions contained in this document.

2. Purchase Price
Our website listed prices do not include value-add, sales, use, excise or other similar applicable taxes. Buyers shall pay the total purchase price plus applicable shipping, handling, value-add, and any sales, use, excise or other similar taxes resulting from the purchase of products.

3. Order Acceptance Policy
Your online receipt or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. AMAXIT.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. . All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. A credit card dispute charge is not acceptable. If there is anything wrong with the merchandise, please contact customer service for more information.

4. Order Processing Time
AMAX IT tries to expedite all orders, both component orders and system orders. Component orders usually ship within 24-48 business hours. We do not guarantee all orders will be shipped according to our usual process due to back orders, out of stock and/or credit card verification. For system orders, after your order passes credit verification, please allow 2-3 business days for the assembly, testing and over-night burn-in of your system order. Please be aware that there are conditions such as back ordered components and trouble shooting which can delay the ship date for your system order. Orders will not be processed on weekends and holidays. Please keep in mind that for orders being sent to an address other than the billing address, verification of the alternate address will need to be confirmed prior to the release of the order. This may cause delays in order processing time.

5. Title, Risk of Loss and Damage
Unless otherwise specified in writing in this document, the shipping terms are FOB shipping point. Title and risk of loss and damage to the product(s) shall pass to you upon delivery of products to the carrier at shipping point. You need to notify AMAX IT upon receipt of the goods for any claims resulting from goods damaged, tampered, and/or loss in transit. AMAX IT will file a shipping claim with the carrier.

6. Inspection
You as the buyer are liable for inspection of the product(s) upon delivery. You will need to notify AMAX IT of any defects or discrepancies in the products as delivered within seventy-two (72) hours of delivery. Without such notification, it will be deemed that you have accepted the product(s) as delivered.

7. Product Warranty - Component
Most products found Defective On Arrival (DOA) within 30 days from the invoice date may be returned for replacement. You are liable for the freight charges for sending any items back to AMAX IT for replacement. AMAX IT reserves the right to replace defective parts with equivalent parts, new or re-conditioned, as we deem necessary. Products that are found defective after thirty (30) days will be covered by manufacturer's warranty ONLY. Defective CPU and memory products MUST be returned within 7 days from the invoice date.

Excludes:

1. Asus products can be returned within 15 days from invoice date. After 15 days, we offer repair only. This applies to all Asus products, except Notebooks.
2. All refurbished and clearance products will be covered under 15 days repair warranty. After 15 days from the invoice date, manufacturer's warranty will apply if available.
3. The following items are not returnable due to manufacturer's policies: TV, Plasma Screens, Blank Media Cartridges, Cisco, Creative Labs, Hewlett Packard, IBM, Intel, MSI, NEC, Notebooks, Printer Cartridges, Retail Boxed Processors, Software, Sony, and Tektronix products. The manufacturer will provide direct assistance with any necessary replacements.

8. System Warranty
AMAX IT offers one-year parts and labor warranty for AMAX IT configured computer systems unless otherwise specified. This warranty coverage is effective from the original invoice date. Any modification (excluding upgrading/downgrading components) of the initial hardware configuration without the written approval or consent from AMAX IT will void this warranty. AMAX IT reserves the right to replace defective parts with equivalent parts, new or re-conditioned, as we deem necessary. This warranty only covers items on the original system invoice. This warranty does not cover customer installed software and data. Customer shall be responsible for backing up all software and data prior to shipping system to AMAX for repair. AMAX assumes no liabilty for customer data or data loss.

9. Return Policies - Component
AMAX IT will not accept any product(s) for any type of return unless covered by a written return authorization issued by AMAX IT. You will be liable for any applicable miscellaneous charges listed below. All products returned must be in resalable condition. Do not include the accessories, drivers, and/or manuals unless specifically requested by us. We do not ship accessories, drivers, and/or manuals with the replacement part(s).

AMAX IT does not accept any liability for any products not purchased through AMAX IT, which are returned in conjunction with products or components being sent for repair, replacement, or refund. You shall be held liable for any additional shipping charge associated with sending such items back to you.

Shipping, handling, insurance, labor, service/finance charges are not refundable. Defective CPU, Memory, or Hard Drive is covered by 7 days warranty period from the invoice date.

Configured systems and barebone systems are non-refundable.

Within 30 days from invoiced date:

Non-Defective products can be returned with original packaging box unopened and in resalable condition. 15% restocking fee will apply for return for credit/exchange. No returns for non-defective product will be accepted once the original packaging box is opened.

Defective products can be returned with the original packaging box in resalable condition and complete accessories. 15% restocking fee will apply for return for credit/exchange. No returns will be accepted for defective products if the original packaging is damaged and/or missing accessories.

After 30 days from invoiced date:

Please contact the manufacturer for direct warranty service. Please refer to the link below for manufacturer contact information.

http://www.Amaxit.com/AMAX IT/directservice.asp

For additional assistance or for any manufacturers not listed, you may contact AMAX IT via email: rma@amaxit.com.

Excludes:

1. Asus products can be returned within 15 days from invoice date. After 15 days, we offer repair only. This applies to all Asus products except Notebooks.
2. All refurbished and clearance products will be covered under 15 days repair warranty. After 15 days from the invoice date, manufacturer's warranty will apply if available.
3. The following items are not returnable due to manufacturer's policies: TV, Plasma Screens, Blank Media Cartridges, Cisco, Creative Labs, Hewlett Packard, IBM, Intel, MSI, NEC, Notebooks, Printer Cartridges, Retail Boxed Processors, Software, Sony, and Tektronix products. The manufacturer will provide direct assistance with any necessary replacements.

10. Return Merchandise Procedure
All products returned must be identified with a RMA number issued by Customer Service representative at AMAX IT. Products returned to AMAX IT without a RMA number will be considered an unauthorized return. AMAX IT may choose, at its discretion, to refuse to accept the unauthorized return(s). You will be held liable for any charges associated with sending any unauthorized returned product(s) back to you. AMAX IT is not responsible for any loss or damage of unauthorized return products.

Return product to AMAX IT:
1. Obtain a Return Merchandise Authorization (RMA) number via email. Please click here for our online RMA request form.
2. Fill out the RMA form completely by providing the invoice number, date, serial number and reason for return.
3. A RMA number will be issued via email within 24-48 business hours, valid for 15 days.

RMA number will be void if AMAX IT does not receive the returned product within 15 days from the RMA issued date.

Return Merchandise Shipping Instruction

1. Freight must be prepaid and insured by customer. Please note that Warranty provided with this product only covers the territory of the U.S. continents. To cover international warranty, the products need to be shipped back to Amax/Fremont for service with all door-to-door expenses prepaid, by the Customer. Customer is responsible for round trip shipping expenses.
2. Valid RMA number must be clearly marked on shipping label or outside of packing box.
3. Original packaging with complete accessories, including cables, manuals and drivers will need to be returned, unless otherwise instructed by an AMAX IT RMA representative. Please do not write on original packaging.

If the customer does not comply with the above listed requirements, customer may be subject to a service charge and possible delay of RMA processing. The remaining product warranty may be deemed void and null at AMAX IT's discretion.

a. $30.00 charge plus return freight:

• Products that were not purchased from AMAXIT.com;
• Products with void warranty due to unauthorized addition/deletion/alteration of parts;
• Return without proper authorization, documentation, packaging, and accessories.

b. $25.00 testing fee plus $15.00 handling, and return freight for returned component products with no defect found.
c. $45.00 testing fee plus $15.00 handling, and return freight for return system products with no defect found.
d.$65.00 labor charge per hour, plus parts and return freight for repairing products that are out of warranty for any reason.

11. Damaged On Arrival
AMAX IT packages all products sold with extreme care. Any product damaged in transit as a result of improper handling by carrier must be reported within 48 hours from the time of receipt per following guidelines: Upon product arrival, notify carrier as soon as you notice any physical damage of products and packaging box to preserve any claim right against the carrier. Notify AMAXIT.com Inc within 48 hours via email or telephone, between the hours of 8:30AM to 5:30PM (PST), Monday through Friday.

Email address:      customerservice@amaxit.com.
Phone number:     1-800-889-2629

Fax:                         510-651-0629

In cases of physical damage by the carrier, you need to keep the merchandise in the original packing materials for claim purposes. AMAX IT will instruct you on the necessary procedures to follow. AMAX IT will send a replacement after the claim has been settled. Replacement will be sent via Ground Service, unless otherwise requested, in which case you will be liable for any added charges resulting from upgrading the shipping method.

12. Unauthorized Returns & Refuse Shipments
If customer wrongfully refuses to accept the product(s), or return product(s) without legal excuse or authorization, you will be held liable, as liquidated damages and in lieu of the enforcement of this contract, a sum equal to 15% of the sales price, plus any shipping and handling charges incurred. AMAX IT may choose, at its discretion, to refuse to accept the unauthorized returns. You will be held liable for any charges associated with sending any unauthorized returned product(s) back to you. AMAX IT is not responsible for any loss or damage for unauthorized refused/return products.

13. Cancel Orders - Component & System Orders
For component orders, you may request a cancellation of your order, provided the order has not been released to our warehouse.

For system orders, you may request a cancellation of your system order, provided your system has not already been released to our warehouse for assembly.

Please call during our business hours to cancel your order. Please do not request cancellation order via email, as we may not receive it in time. If your account has already been charged, you will receive a credit back to your account within approx. 3-5 business days.

14. Back Orders - Component & System Orders
For component orders, AMAX IT will notify you by email with the ETA (Estimated Time of Arrival). Your order will be shipped within 24 business hours after we receive the stock. For system orders, Items that are back ordered or unavailable can cause delays. We will email the customer to recommend an alternate choice if for some reason the initial component selected is no longer available or discontinued.

 
15. Change Orders - Component & System Orders
For component orders, you may request a change order, provided the order has not been released to our warehouse. For system orders, you may request a change to your system order, provided your system has not already been released to our warehouse for assembly.

Please call during business hours to change your order. Please do not request change order via email, as we may not receive it in time.

 
16. Order Status
AMAX IT will do everything possible to keep you informed of your order via e-mail. Your tracking number will be emailed to you once the item is shipped. You may also check the online status page for live updates.

 
17. Shipping
Due to UPS and FedEx’s limitations on service, AMAXIT.com does not ship to P.O. Box addresses. AMAXIT.com reserves the right to ship orders from other locations besides our main warehouse. With this in mind, we do not guarantee that your order will arrive before the normal scheduled time that you choose for your shipping method. Please note that we only ship on weekdays. For HI, AK, and PR customer, FedEx can only ship via 2nd day or overnight, therefore shipping time will not be

18. Jurisdiction and Venue
You agree that any legal action brought against AMAXIT.com Inc. shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the AMAXIT.com sites shall be an appropriate federal or state court located in Alameda County California.

19. Miscellaneous
AMAXIT.com Inc. may revise these terms and conditions at any time by updating the AMAXIT.com Inc. website. By using this site, you agree to be bound by the terms hereof and by any such revisions. This document supersedes all prior agreements, whether oral or written, and shall not be amended except by AMAX IT. AMAX IT employees or affiliates have no authority to make representations, warranties or promises that are not contained in this document. The failure of AMAX IT to enforce at any time or for any period of time the terms of this document shall not be construed as a waiver of such terms or the right to enforce each term contained herein, thereafter.

If a court of competent jurisdiction holds any terms contained in this document invalid, such holding shall not affect the validity of any other term. This document and all questions of interpretation, performance, enforcement and the rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of California, USA. Any legal action or proceeding arising from or relating to this document or the transaction described herein shall be brought and maintained in state court in Alameda County, California or in the Federal District Court for the Northern District of California, and the parties consent to the jurisdiction of these courts. No action, regardless of form, arising out of or related to the transaction described in this document may be brought by either party more than one year after the cause of action arises, or in the case of non-payment, more than two years after the date of this document.

The foregoing Terms and Conditions of Sales are current as of 08/01/2006 and are subject to change by AMAXIT.com Inc. at any time without notice.