Discover Trade, LLC Terms and Conditions of Sale
| PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE 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 IN DISOCVER
TRADE’S INVOICE OR OTHER DISOCVER TRADE DOCUMENTATION, CUSTOMER
AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS
CUSTOMER AND DISOCVER TRADE HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH
CASE THE SEPARATE AGREEMENT WILL GOVERN.
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Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between you
("Customer") and Discover Trade. Customer accepts these terms and
conditions of sale by making a purchase, placing an order or otherwise shopping
on Discover Trade's Website (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 Discover Trade relating to the terms and conditions of sale of
products and services on the Site. Customer consents to receiving electronic
records, which may be provided via a Web browser or e-mail application connected
to the Internet; individual consumers may withdraw consent to receiving electronic
records or have the record provided in non-electronic form by contacting Discover
Trade at the address provided below.
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 Discover Trade’s 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.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY
THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT
IN MONTROSE COUNTY, COLORADO AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE
FEDERAL AND STATE COURTS LOCATED IN MONTROSE COUNTY, COLORADO AND SUBMITS TO
THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER
CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT
TO ANY SUCH PROCEEDING.
Title; Risk of Loss
If Customer provides Discover Trade with Customer’s carrier account number
or selects a carrier other than a carrier that regularly ships for Discover
Trade, title to products and risk of loss or damage during shipment passes from
Discover Trade to Customer upon shipment from Discover Trade’s facility
(F.O.B. Origin, freight collect). For all other shipments, title to products
and risk of loss or damage during shipment passes from Discover Trade to Customer
upon receipt by Customer (F.O.B. Destination, freight prepaid and added). 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. Discover Trade retains a security interest in
the products until payment in full is received. Customer will be responsible
for all shipping and related charges.
Export Sales
If this transaction involves an export under the Export Administration Regulations,
the commodities, technology and/or software sold or distributed under these
terms and conditions of sale exported from the United States by Discover Trade
were exported in accordance with the Export Administration Regulations. Diversion,
use, export or re-export contrary to United States law is prohibited. The commodities,
technology and/or software sold or distributed under these terms and conditions
of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan,
North Korea or Syria or to entities and persons that are ineligible under United
States law to receive United States commodities, technology and/or software.
In addition, manufacturers' warranties for exported products may vary or may
be null and void for products exported outside the United States.
Warranties
Customer understands that Discover Trade is not the manufacturer of the products
purchased by Customer hereunder and the only warranties offered are those of
the manufacturer, not Discover Trade. 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 Discover Trade or its affiliates. In connection
with services, neither affiliates of Discover Trade nor third party service
providers are agents of Discover Trade and Discover Trade has no obligation
or liability arising from any services performed by or any warranty, if any,
made by, such service providers. DISCOVER TRADE AND ITS AFFILIATES HEREBY EXPRESSLY
DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD
OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF DISCOVER TRADE, 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, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access provider.
Contact your local access provider for details.
Pricing Information; Availability Disclaimer
All pricing is subject to change. Discover Trade 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, Discover Trade cannot
guarantee that it will be able to fulfill Customer’s orders.
Limitation of Liability
NEITHER DISCOVER TRADE 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
PARTY. NEITHER DISCOVER TRADE 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. CUSTOMER AGREES THAT FOR ANY LIABILITY
RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY DISCOVER TRADE OR
ITS AFFILIATES, NEITHER DISCOVER TRADE NOR ITS AFFILIATES WILL BE LIABLE OR
RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE LESSER OF: (A) THE DOLLAR
AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE
CLAIM; OR (B) $50,000.
Discover Trade 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. Any shipping dates provided
by Discover Trade are estimates only.
Third Party Services
Customer acknowledges and agrees that, in some instances, Discover Trade and
its affiliates are resellers of services and are not the provider of those services.
In those cases, the third party service provider is the only party responsible
for providing services to Customer. In those cases, Customer will look solely
to the third party service provider for any loss, claims or damages arising
from or relating to the purchase or provision of such services. Customer hereby
releases Discover Trade and its affiliates from any and all claims arising from
or relating to the purchase or provision of any such services by third party
service providers. Services may be subject to tax.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise,
whether preexisting, present or future, and including statutory, common law,
intentional tort and equitable claims) arising from or relating to the products
or services sold pursuant to these terms and conditions of sale, the interpretation
or application of these terms and conditions of sale or the breach, termination
or validity thereof, the relationships which result from these terms and conditions
of sale (including, to the full extent permitted by applicable law, relationships
with third parties who are not signatories hereto), or Discover Trade's advertising
and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE
ELECTION OF DISCOVER TRADE, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted
pursuant to the Rules of the American Arbitration Association, with offices
in Montrose, Colorado. If arbitration is chosen by any party with respect to
a Claim, neither Discover Trade nor Customer will have the right to litigate
that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration
discovery, except as provided for in the applicable arbitration rules or by
agreement of the parties. Further, Customer will not have the right to participate
as a representative or member of any class of claimants pertaining to any Claim.
Notwithstanding any choice of law provision included in these terms and conditions
of sale, this arbitration agreement is subject to the Federal Arbitration Act
(9 U.S.C. §§ 1-16). The arbitration will take place in Montrose, Colorado.
Any court having jurisdiction may enter judgment on the award rendered by the
arbitrator(s). Each party will bear its own cost of any legal representation,
discovery or research required to complete arbitration. The existence or results
of any arbitration will be treated as confidential. Notwithstanding anything
to the contrary contained herein, all matters pertaining to the collection of
amounts due to Discover Trade arising out of sales hereunder will be exclusively
litigated in court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Discover Trade until accepted by Discover Trade.
Terms of payment are within Discover Trade's sole discretion. Invoices are due
and payable within the time period specified on the invoice, measured from the
date of invoice. Discover Trade may invoice Customer separately for partial
shipments. Customer agrees to pay interest on all past-due sums at the lower
of one and one-half percent (1 1/2%) per month or at the highest rate allowed
by law. Customer is responsible for, and will indemnify and hold Discover Trade
harmless from, any applicable sales, use, transaction, excise or similar taxes
(but not taxes imposed or measured by Discover Trade's net income), and from
any federal, state or local fees or charges (including, but not limited to,
environmental or similar fees), imposed on, in respect of, or otherwise associated
with the order. Customer must claim any exemption from such taxes, fees or charges
and must provide Discover Trade with the necessary supporting documentation
at the time of purchase. Any sales, use or other applicable tax or fees or assessments
is based on the location to which the order is shipped. In the event of a payment
default, Customer will be responsible for all of Discover Trade’s costs
of collection, including court costs, filing fees and attorney’s fees.
Return Privileges
• Please contact Discover Trade Customer Support at 970-252-7149, 8 A.M.
to 5 P.M. (MST) Monday through Friday or via email at support@dsicovertrade.com,
to obtain a Return Merchandise Authorization (RMA) before shipping product back
to Discover Trade. This will expedite and help ensure the proper action or credit
upon processing.
• In order to expedite a return, please have the following information
on hand when requesting an RMA number: Customer name, invoice number or PO number,
serial numbers, reason for return, action to take (replacement/return/credit)
and whether the box has been opened or is manufacturer sealed.
• Please return all products 100% complete including
all original manufacturer boxes with the UPC code and packing
materials, all manuals, blank warranty cards, accessories
and any other documentation included with the original shipment,
in a shipping box to protect the products integrity. RMA
approval is contingent upon, among other things, the products
being 100% complete.
• Customer is responsible for shipping charges to Discover Trade’s
distribution center for all products being shipped for return, exchange or replacement.
Products exchanged or replaced will be shipped by Discover Trade to Customer,
at Discover Trade’s expense, using the same shipping method as was used
by Customer to ship the original products back to Discover Trade. If the carrier
selected by Customer is not used by Discover Trade, a comparable shipping method
will be selected.
• Customer is responsible for all risk of loss and damage to products
being shipped for return, exchange or replacement. Please fully insure return
shipment in case of loss or damage. Please use a carrier that is able to provide
you with proof of delivery such as UPS, Federal Express or Airborne Express.
This is for your protection as well as to ensure quick action on your return.
• Return privileges vary by manufacturer. Please contact Discover Trade
Customer Support at support@discovertrade.com for details.
• All returns for refund are subject to a 15% restocking fee.
• Return shipping address:
Discover Trade
Attn: Returns Department
(Place your RMA number on this line)
154 Colorado Ave.
Montrose, CO 81401
Failure to return a product within the applicable return period will be deemed
to be an acceptance of the product.
Damaged Products
If Customer receives damaged products, please refuse the products upon original
delivery attempt. If damaged products are accepted from the carrier, such damage
should be noted on the carrier delivery record. Please save the product and
the original box and packaging and notify Discover Trade immediately to arrange
for a carrier inspection and a pick up of damaged products. Please notify Discover
Trade’s Customer Support at support@discovertrade.com of damaged products
WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary
for Discover Trade to file a damage claim.
Check Payment Policy
Discover Trade will accept a cashiers check, money order or business checks
up to $10,000 on all COD orders. For COD orders more than $10,000 Discover Trade
will only accept cashiers check or money order. Discover Trade will accept business
checks for prepay orders. Allow 10 business days for clearing.
Contacting Discover Trade
Discover Trade
1543 Ogdan Rd.
Montrose, CO 81401
Phone: (970)252-7149
Fax: (970)240-2840
SALES & SUPPORT
chris@discovertrade.com
Last Update: 10/31/07
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