Standard Terms and Conditions Agreement

 This Standard Terms and Conditions Agreement ("Agreement") contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from M & M Computer Systems Inc., or any of its subsidiaries or affiliates (collectively, "M & M Computer Systems"). By accepting delivery of the product purchased from M & M Computer Systems and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for product (s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and M & M Computer Systems. These terms and conditions are subject to change without prior written notice at any time, in M & M Computer System's sole discretion.

1. Definitions.
1. "We", "us" and/or "our" means M & M Computer Systems Inc. ("M & M Computer Systems").
2. "You" or "your" means the individual or entity named on the invoice.

2. Payment Terms; Orders; Interest. Advertised prices are in U.S. Dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are within M & M Computer System's sole discretion, and unless otherwise agreed to in writing by M & M Computer Systems, payment must be received by M & M Computer Systems before M & M Computer System's acceptance of an order. Invoice amounts are due and payable within the period noted on this invoice, measured from the date of the invoice. M & M Computer Systems may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.
3. Taxes. Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.
4. Shipping and Title. M & M Computer Systems will arrange to ship the product(s) you purchase to you. Title to the product(s) passes to you when M & M Computer Systems delivers it to the carrier and risk of loss passes to you when the shipper delivers product(s) to the address you designate. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. You must notify M & M Computer Systems of missing or damaged items in your order within five (5) days after you receive your product and will be subject to tracking verification and signature date wherein.
5. Return Policy. You may return M & M Computer Systems-branded products purchased directly from M & M Computer Systems in accordance with M & M Computer System's Return Policy, which can be found by looking at the warranty info below.
6. Warranties for Domestic Customers; Disclaimer of Warranties. THE LIMITED WARRANTIES APPLICABLE TO M & M COMPUTER SYSTEMS-BRANDED PRODUCTS ARE INCLUDED IN YOUR USER'S MANUAL AND MAY ALSO BE VIEWED ON-LINE BELOW IN THE WARRANTY SECTION. THERE ARE NO WARRANTIES FOR SOFTWARE OR SERVICES. M & M COMPUTER SYSTEMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN M & M COMPUTER SYSTEM'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND M & M COMPUTER SYSTEMS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES ONLY UPON M & M COMPUTER SYSTEMS RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
7. Warranties for International Customers; Disclaimer of Warranties. The standard warranty stated above in Section 6 applies to M & M Computer Systems-branded products shipped to a country outside of the United States, provided that customers outside of the United States are responsible for paying all freight charges incurred in shipping, importing/exporting and receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to M & M Computer Systems. All international customers are responsible for all customs duties, VAT and other associated taxes and charges. THE WARRANTY DISCLAIMER ABOVE IN SECTION 6 ALSO APPLIES TO INTERNATIONAL CUSTOMERS.
8. Software. All software is provided subject to the license agreement that is part of the package you receive from M & M Computer Systems. You agree to be bound by the license agreement once the package is opened, activated, or its seal is broken. M & M Computer Systems does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
9. Exchanges. From time to time, M & M Computer Systems may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with M & M Computer Systems exchange policies in effect on the date of the exchange.
10. Products. M & M Computer Systems continually upgrades and revises its products and service offerings. M & M Computer Systems may revise and discontinue products at any time without prior notice to customers. M & M Computer Systems will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building M & M Computer Systems products are selected from new parts and assemblies in accordance with industry practices.
11. Software and Peripherals. Any warranty and technical support provided on third-party products offered by M & M Computer Systems, such as computer monitors, speakers and other peripheral devices, as well as software, are provided by the original manufacturer and not by M & M Computer Systems. The warranties and technical support offered by such manufacturers may vary from product to product.
12. Limitation of Liability. M & M COMPUTER SYSTEMS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. M & M COMPUTER SYSTEMS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILTY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, M & M COMPUTER SYSTEMS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
13. Binding Arbitration. You and M & M Computer Systems agree that any claim, dispute or controversy, whether in contract, tort or otherwise, and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims ("Dispute") against M & M Computer Systems, its shareholders, directors, employees, agents, successors, assigns or affiliates arising from, in connection with or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), M & M Computer System's advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARIBTRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect. The arbitration will be limited solely to the dispute or controversy between you and M & M Computer Systems. The arbitration will be conducted before three (3) independent and impartial arbitrators. M & M Computer Systems will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator who will be the presiding arbitrator. The arbitrators will render their award in writing and will include the findings of fact and conclusions of law upon which their award is based. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.

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Limited 2 Year Warranty

M & M Computer Systems warrants to the original purchaser that the 2 Year Limited Warranty, shall cover Labor for the first (1) year only and Parts for the full 2 years from date of purchase. M & M Computer Systems warrants to the original purchaser that any part of the computer excluding software, documentation and similar items will be free of defects in workmanship and materials for the period of your warranty from the date of invoice. Within 15 days of delivery, M & M Computer Systems will, at its option: (1) provide replacement parts necessary to repair the product; (2) replace the product with a comparable product; or (3) refund the amount you paid for the product, less a 15% restocking fee, upon its return. Replacement parts or products will be new, comparable in function and performance to the original part or product, and warranted for the longer of thirty days for the US or the remainder of the warranty period. Any additional purchases or upgrades will not extend this warranty.

This limited product warranty covers normal use only. This limited product warranty does not cover damage to the external case caused during shipment (except the shipment to the original purchaser) and any damage caused by: actions that are beyond M & M Computer System’s control, including without limitation, impacts, fluids, fire, flood, wind, earthquake, lightning or similar disaster, war, lockout, epidemic, destruction of production facilities, riot, insurrection, or material unavailability; unauthorized modifications, attachments or peripherals; improper use, environment, installation or electrical supply; improper maintenance; any other misuse, abuse or mishandling. This limited product warranty does not cover software or non-M & M Computer Systems installed products. Any warranty applicable to software or non-M & M Computer Systems installed products is provided by the original manufacturer.

EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, M & M COMPUTER SYSTEMS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. M & M COMPUTER SYSTEM’S AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES PLUS INTEREST AS ALLOWED UNDER THE APPLICABLE LAW. NEITHER YOU NOR M & M COMPUTER SYSTEMS WILL BE LIABLE TO THE OTHER FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, “DOWN TIME”, PURCHASER’S TIME, LOSS OF USE OF RELATED EQUIPMENT, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, INCIDENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), ABSOLUTE OR STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER THE APPLICABLE LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

To obtain service under this warranty, follow this procedure:

Contact the technical support department at 832-541-6864 or e-mail at support@m-mcs.com. Please reference your order number on your invoice if available.

The technical support staff will attempt to diagnose the problem over the phone. If the problem cannot be fixed over the phone, M & M Computer Systems will decide on the best course of action.

M & M Computer Systems will not be responsible for consequential damage to the system’s boards or components caused by either internal or external equipment, shorted connections or components that were not purchased from M & M Computer Systems or that M & M Computer Systems did not install.

M & M Computer Systems will not be responsible for damages to any components or loss of data inadvertently caused by products, under normal or abnormal use, purchased from M & M Computer Systems. The warranty does not cover damages or defects that may have been caused by: shipment (other than the original shipment), improper installation or maintenance, misuse, neglect or improper environment, repair, modification, adjustment or options or parts that were not installed by an M & M Computer Systems employee, inadequate or excessive electrical power surges, or other power irregularities. M & M Computer Systems will not repair, replace, or refund any purchase if item serial numbers do not match, or if the product is not sold directly by M & M Computer Systems.

Defective parts covered by warranty will be replaced with a similar or equivalent part at no cost to the customer. When replacing a part that is different from the original configuration, the customer must purchase the part at cost.

International Orders

All duties and applicable taxes are not calculated or charged by M & M Computer Systems. The customer is solely responsible for any shipping costs, as well as duties and/or taxes that may be incurred from the international transit of any part or system for repair.

15-Day Return Policy

In addition to the standard warranty, M & M Computer Systems offers a 15-day money back guarantee on every system, after all available resources have been exhausted. All systems and parts will be subject to a 20% restocking fee. To return merchandise, you must obtain an RMA number; returns will not be accepted otherwise. Please call the M & M Computer Systems customer service department and provide the invoice number, item description, and valid reason why you wish to return the merchandise. At the end of the 15 day period there will be no exceptions. You will be responsible for shipping all returned items directly to M & M Computer Systems within 7 days of the return authorization date. All returned products must be shipped prepaid and insured by the customer and in their original packaging with all items including manuals, cords and media. Customer is responsible for shipping damage for returned products. Customer must insure the shipment for the full replacement (purchase) value. All sales on software items are final. M & M Computer Systems 15-day return policy does not apply to "volume discounted orders" and/or "special order items". "Volume discounted orders" and "special order items" may not be cancelled after 24 hours and are non-refundable.

*Terms of warranty are subject to change without notice.