Terms & Conditions
The following are terms of a legal agreement between you and Sam’s Micro using, browsing and/or using this site (“Site”), 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 this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Sam’s Micro from its offices within the United States. Sam’s Micro makes no representation that materials in the Site are appropriate or available for use in other locations. Access to materials on this Site from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations may do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to and arising out of, the use of, this Site and the materials contained herein is governed by the laws of the state of California.
The copyright in all material provided on this Site is held by Sam’s Micro 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 Sam’s Micro or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site 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 Sam’s Micro’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site 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 this Site 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 Sam’s Micro’s proprietary rights in them.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SAM’S MICRO 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 THIS SITE, EVEN IF SAM’S MICRO OR A SAM’S MICRO’S 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 HEREBY ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Sam’s Micro 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 Sam’s Micro through online access will be handled in accordance with Sam’s Micro’s Online Privacy Practices. You are prohibited from posting or transmitting to or from this Site 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
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This agreement contains the terms and conditions that apply to your purchase from Sam’s Micro, that will be provided to you (“Customer”) on orders for computer systems, related products and/or services sold in the United States. By accepting delivery of the computer systems, related products and/or services described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH SAM’S MICRO, IN SUCH CASE, THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS SAM’S MICRO’S STANDARD TERMS APPLY TO THE TRANSACTION. This agreement, the policies printed in the applicable Sam’s Micro advertisement, and the policies, terms and conditions stated on the applicable Sam’s Micro invoice and/or packing slip constitute the entire agreement between the parties relating to the subject matter herein and cannot be modified except by a written agreement signed by both parties. These terms and conditions are subject to change without prior notice at any time, at Sam’s Micro’s sole discretion.
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend the document or to enter an order for product(s) or services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in advance by a written agreement signed by both Customer and Sam’s Micro.
All orders placed online via ground shipping method will be processed within 24 – 48 hours. Orders placed online before 12noon PST via the express shipping method are usually processed and shipped within the same day, but not guaranteed. All orders placed online after 12 noon via the express shipping method will be processed the next business day. Orders placed after business hours would be processed the next business day. Customers will be informed via phone or email if there are any issues encountered with their online order. Sam’s Micro reserves the right to verify information given by the customer with their respective credit company for the customer’s protection and security. Moreover, Sam’s Micro only accepts Visa, Mastercard and American Express. For American Express, Sam’s Micro accepts US and Canada issued Amex cards. For Visa and Mastercard, Sam’s Micro only accepts US issued credit and debit cards. Non-USA PAYPAL account holders should also call before their orders. Shipping of large orders that have free shipping through trucking companies will only be shipped to commercial shipping addresses and those with docks or lift gates. Residential addresses and those that need a lift gate or inside delivery services will be charged extra.
Transactions between Customer and Sam’s Micro shall be governed by and construed in accordance with the laws of the State of California, without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then ONLY that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS SALE AGREEMENT.
Payment Terms, Order, Quotes, Interest
Terms of payment are within Sam’s Micro’s sole discretion, and unless otherwise agreed to by Sam’s Micro, payment must be made and received by Sam’s Micro prior to Sam’s Micro’s acceptance of an order. Payment for the products and services will be made by credit card, C.O.D., wire transfer, or other prearranged payment method unless credit terms have been agreed by Sam’s Micro. Invoices are due and payable within the time period noted on Sam’s Micro’s invoice, measured from the date of the invoice. Sam’s Micro may invoice parts of an order separately. No Order is binding upon Sam’s Micro until accepted by Sam’s Micro. Any quotation given by Sam’s Micro will be valid for the period state on the quotation, otherwise all quotations are expired 24 hours from their submission. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Billing and Shipping Addresses
SamsMicro.com reserves the right to verify customer information with the credit card company. Sam’s Micro will only ship an order to the verified billing address stated in the customer’s credit card company file. To have the order shipped to an address other than the billing, the Customer has to contact the credit card company and have the alternate shipping address listed. This policy protects the consumer against credit card fraud. Customers must pay notice that it is the customer’s responsibility to follow Sam’s Micro’s credit card policy regarding shipping addresses. By not following these procedures orders processing and shipment of orders may be delayed.
All shipments will also be required a signature upon delivery. If there are any problems regarding the direct signature requirement, the customer has to contact the shipping department of Sam’s Micro for special delivery instructions.
Shipping Charges and Taxes
Separate charges for shipping and handling will be shown on Sam’s Micro’s invoice(s). Unless customer provides Sam’s Micro with a valid and correct applicable tax exemption certificate applicable to the product ship-to location prior to Sam’s Micro’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order. If applicable, a separate charge will be shown on Sam’s Micro’s invoice.
title/risk of loss
In the event of Late or Delayed Shipments title to items being purchased is retained by Sam’s Micro up and until said items are paid for by the purchaser, and at such time title passes to purchaser. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. Sam’s Micro will not incur any forwarding costs on shipments. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software shall remain with the applicable licensor(s).
Warranty Disclaimer and Limitation of Liability
Sam’s Micro explicitly disclaims all expressed or implied warranties, including any implied warranty of merchantability or fitness for a particular purpose.
SAM’S MICRO SHALL HAVE NO LIABILITY TO ANYONE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY, INCLUDING LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. SAM’S MICRO WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, SAM’S MICRO IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
All merchandise is sold AS IS. Unless otherwise noted on the invoice, Sam’s Micro makes no warranty as to the performance of any merchandise sold. Sam’s Micro is not responsible for system downtime, lost data, etc. Sam’s Micro does not warrant that the functions contained in any product sold will be uninterrupted or error-free, or that defects will be corrected, or that it’s Web site or the server that makes it available are free of viruses or other harmful components. Sam’s Micro does not warrant or make any representations regarding the use or the results of the use of any product purchased in terms of its compatibility, correctness, accuracy, reliability or otherwise. This disclaimer by Sam’s Micro in no way affects the terms of a manufacturer’s warranty, if any.
Changes: Pricing, Availability, and Offers
Due to the fast-moving nature of the computing industry, prices, promotions and product availability are subject to change without prior notice. Sam’s Micro reserves the right to make changes without notice due to market conditions, manufacturer or supplier product discontinuation, or typographical, photographic or technical errors in online or print advertising. Product and packaging depicted may differ from stock available at time of shipment. Sam’s Micro reserves the right to substitute equivalent items. If Customer has ordered a product that is subject to a price increase, Sam’s Micro shall hold Customer’s order and inform Customer of the increase.
Return Policies and Procedures
Defective merchandise should be returned for repair to the manufacturer or any authorized service center in Customer’s area. Additional manufacturers may be added to this list as manufacturer policies change.
Software, custom orders, volume licensing program software, products designated as special order are final and cannot be returned even unopened.
If your product is not made by one of the manufacturers mentioned above, or does not fall on the category of software, special or custom order, the following policy applies:
Sam’s Micro cannot accept returns of products once they have been opened. Before opening each product, Customer shall check the packaging and label(s) carefully to be sure that Customer received the correct product and version. If the supplier’s original packaging and seal is still intact, Customer may return the product to us within 7 days from the date of purchase for an exchange, merchandise credit or refund (excluding shipping and handling charges), subject to a 20% restocking fee. Return shipping to Sam’s Micro is at Customer’s own expense. Furthermore, apart from the 20% restocking fee, please also note that your refund will also EXCLUDE initial shipping charges (for items which we offer free shipping, our standard shipping charges will be deducted from any refund or credit).
NO returns of any type will be accepted without a Return Merchandise Authorization “RMA” number obtained from Sam’s Micro. All permissible returns under this Agreement for credit are subject to a 20% restocking fee and refund does not include initial shipping charges (for items which we offer free shipping, our standard shipping charges will be deducted from any refund or credit). All products for return must be received in Sam’s Micro’s warehouse within 7 days from the issuance date of the RMA number. RMAs expire in 7 days after they are issued and cannot be extended or re-issued.
Sam’s Micro will ONLY issue an RMA number if it has not yet been more than 7 days from the date the item is received by Customer. For RMA requests where more than 7 days from the date of receipt has elapsed, Sam’s Micro will not issue an RMA and will refer Customer to the manufacturer for warranty service.
All Returns must be 100% complete, in original and resalable condition, with all original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, registration card(s), software, blank warranty cards, cabling and other accessories and documentation. Sam’s Micro reserves the right to refuse a return on any product that does not meet these requirements.
Replacement items will ONLY be shipped after the item(s) at issue are received and inspected by Sam’s Micro’s Return Merchandise Department.
Customer shall obtain an RMA number before shipping back the product by any of the available methods described below.
1) Call 800-873-2127
2) Send an email to: email@example.com
3) Fill out the RMA form available online by (logging on to your account and clicking on “my account”) on the SamsMicro.com website for an RMA number. Customer shall have the following information on hand when asking for an RMA number: customer name, invoice/order number, Item number and serial number (if applicable), and nature of the problem.
Customer’s RMA number(s) must appear clearly on the shipping label on the outside of the return shipment. Customer shall not mark the box itself in any other way.
Sam’s Micro is not responsible for lost or stolen packages. All authorized returns must include a shipment tracking number. A credit to an account or issuance of a check may take up to 30 days subsequent to an approved return authorization.
Customer is responsible for shipping charges on all returned items.
Sam’s Micro strongly recommends that Customer fully insure the return shipment in case it is lost or damaged and use a carrier that can provide it with proof of delivery for Customer’s protection.
Sam’s Micro reserves the right to refuse a return on any product that does not meet the above requirements.
All permissible returns under this Agreement for credit are subject to a non-negotiable 20% restocking fee. Furthermore, apart from the 20% restocking fee, please also note that your refund will also EXCLUDE initial shipping charges (for items which we offer free shipping, our standard shipping charges will be deducted from any refund or credit).
Defective products, other than those listed above as Non-returnable Products, will be accepted for credit, replacement, exchange or repair, at Sam’s Micro’s discretion, if the product is presented to Sam’s Micro within 7 days from the date the package was received by Customer. The product must be deemed defective by Sam’s Micro’s technical support department in order for Customer to obtain a return authorization. Manufacturer restrictions do apply and are outlined in Sam’s Micro’s return policy. Terms of the manufacturer’s warranty apply from day one. A product deemed Non-defective may ONLY be issued a return authorization under extraordinary circumstance if the product is presented to Sam’s Micro within 7 days from the date the package was received by Customer and at Sam’s Micro’s SOLE discretion. All non-defective returns are subject to a 20 percent restocking fee. Shipping charges are not refundable. Sam’s Micro cannot accept unauthorized shipments billed to the recipient.
Customer should make sure that the damaged packages are noted on the carrier’s delivery record in order for Sam’s Micro to file a damage claim. Customer shall save the merchandise in the original box and packing it arrived in and notify Sam’s Micro immediately to arrange for a carrier inspection and pick up of the damaged merchandise. If Customer does not notify Sam’s Micro of damaged goods within the first 3 days of arrival, Sam’s Micro’s regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Customer shall call 800-873-2127 to arrange for carrier inspection and a pick up of damaged merchandise.
The parties will attempt to resolve any claim, dispute or controversy (whether in contract, tort or otherwise) against Sam’s Micro, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph “Sam’s Micro”) arising out of or relating to this Agreement, Sam’s Micro’s advertising, or any related purchase (a “Dispute”) from Sam’s Micro will be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration. The mediation will be held in County of Los Angeles, State of California. Either party may demand mediation in writing, serving on the other party a statement of the dispute, controversy, or claim, and the facts relating to it, in reasonable detail. Furthermore, if within thirty (30) days after such demand, the parties have not agreed upon a mediator and commenced mediation, the matter will be referred to arbitration as explained below. Furthermore, if, within forty-five (45) days after such demand the matter has not been resolved to the satisfaction of both parties, then the matter will be referred to arbitration as follows:
The arbitration will be held in County of Los Angeles, State of California, before a panel of three arbitrators. Either party may demand arbitration in writing, serving on the other party a statement of the dispute, controversy, or claim, and the facts relating to it, in reasonable detail, and the arbitrator nominated by that party.
Within thirty (30) days after such demand, the other party will name its arbitrator, and the two arbitrators named by the parties will, within ten (10) days, select a third arbitrator.
The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), except as expressly provided in this Article. However, the arbitration will be administered by any organization mutually agreed upon by the parties. If the parties are unable to agree upon the organization to administer the arbitration, it will be administered by the AAA. The arbitrators may not amend or disregard any provision of this section.
The expenses of arbitration shall be borne by the party against whom the decision is rendered, or apportioned in accordance with the decision of the arbitrators if there is a compromise decision. Judgment upon any award may be entered in any court of competent jurisdiction.
Customer will indemnify, defend, and hold Sam’s Micro NOT LIABLE from any and all claims, damages, losses, costs and actions and expenses from breach of Customer’s contractual agreement with any third party as the result of buyer’s purchase of merchandise from Sam’s Micro.
Interest, Late Charge, Collection Costs and Related Fees
Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Customer is responsible for a monthly late charge equal to $29 or 1.5% of the outstanding balance, whichever is higher. Customer shall be responsible for all collection fees, including reasonable attorney’s fees and cost.
No delay or omission by Sam’s Micro to exercise any right or power occurring upon any noncompliance or default with respect to any terms of this Agreement shall impair any such right or power, or be construed as a waiver thereof. A waiver by Sam’s Micro of any of the covenants, conditions, or agreements to be performed by Customer shall not be construed as a waiver of any succeeding breach or default in the same or any other term or condition hereof.
export restrictions/legal compliance
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 Sam’s Micro 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 in violation of any other applicable laws or regulations. Customer may not access, download, use or export this Site, or the content, software, products or services provided on the this Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. Customer agrees to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the commodities, technology and/or software sold or distributed under these terms and conditions of sale of Sam’s Micro in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, Customer shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own use of the commodities, technology and/or software sold or distributed under these terms and conditions of sale of Sam’s Micro outside the U.S. Neither the commodities, technology and/or software sold or distributed under these terms and conditions of sale of Sam’s Micro nor the underlying information or technology may be used or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders.
By agreeing to these Terms and Conditions of Use, Customer agrees to the foregoing and represents and warrants that Customer is not located in, under the control of, or a national or resident of any such country or on any such list.