United States - Domestic Terms of Service
§ 1. Definitions
(A) For the purposes of these Domestic Terms of Service and all conversations,
documents, transactions, and communications related and/or pursuant hereto —
(1) "Domestic" shall mean any relationship where all parties involved are
located within the physical boundaries of The United States of America
and both order and associated transaction in question are under the sole
jurisdiction thereof.
(2) "Terms" shall mean these Domestic Terms of Service.
(3) "Equipment" shall mean any physical item or items to be and/or already
sold and/or sent to a specified location.
(4) "Product" shall mean any thing or things or to be and/or already sold and/
or shipped to a specified location.
(5) "Buyer" shall mean the person or entity either presently or formerly in the
process of making a purchase from SUPER PC.
(6) "Billing address" shall mean the address where the receipt of sale is to be
sent.
(7) "Payment address" shall mean the address associated with an account to
be used to fund a purchase.
(8) "End-user" shall mean the person presently in possession of equipment
purchased from SUPER PC or the person to whom product is to be
delivered.
(9) "Shipping address" shall mean the real, physical address where product is
to be shipped.
(10) "Customer" shall mean:
(a) Buyer,
(b) End-user, and
(c) Any other person or entity either currently or formerly engaged in
any form of actual or speculative business with SUPER PC.
(11) "Supplier" shall mean any entity which provides items which SUPER PC
offers for sale.
(12) "Designee" shall mean any person, organization, company, or other entity
authorized to act as an agent for any specified, limited purpose or
purposes.
(13) "Representative" shall mean any person, organization, company, or other
entity authorized to act as an agent for any and all purposes.
(14) "Affiliate" shall mean any person, organization, company, or other entity
presently or previously engaged in any business relationship not covered
by any other definition in these Terms.
(15) "Third party" shall mean any person or entity excluding:
(a) SUPER PC,
(b) Buyer, and
(c) End-user.
(16) "Contact information" shall mean:
(a) Telephone number,
(b) Email address, and/or
(c) Physical mailing address.
(17) The verb "ship" shall mean the act of relinquishing custody of product to a
person or entity for the purpose of delivery.
(18) The noun "shipping" shall mean the charges incurred by sending product
to the End-user from either SUPER PC's manufacturing facility (in the
case of product that must for any reason be delivered first thereto) or
SUPER PC's supplier, to the End-user.
(19) "Handling" shall mean shall mean costs associated with sending product
to the End-user from either SUPER PC's manufacturing facility (in the
case of product that must for any reason be delivered first thereto) or
SUPER PC's supplier and may include a small service fee not separately
enumerated or listed.
(20) "Sales tax" shall mean any government-imposed charge related to the
sale, purchase, offering for sale, and/or use of equipment.
(21) "Fees" shall mean any charge imposed either by government, SUPER PC,
SUPER PC's supplier, or any other purpose, for any purpose not covered
by any other definition in these Terms.
(22) "Subtotal" shall mean the sum of an enumeration or list of prices,
specifically excluding any applicable shipping, handling, sales tax, and
fees.
(23) "Grand total" shall mean the sum of an enumeration or list of: prices,
shipping, handling, sales tax, and fees.
(24) "Payment" shall mean any form of tender accepted by SUPER PC as
specified in § 3 (A) (2) of these Terms.
(25) "Quotation" and "quote" shall mean any document identifying itself as such
by conspicuous use of the word "quotation" or "quote" and including
specifically:
(a) The name and contact information of the person or entity for whom
the document is intended;
(b) A description of the part or parts requested;
(c) A stock number, item number, serial number, or some such other
identifier that uniquely identifies each item listed on the document;
(d) An enumeration or list of:
(I) The prices of each part included in the request,
(II) The subtotal,
(III) Shipping and handling charges,
(IV) Applicable sales tax,
(V) Applicable fees, and
(VI) The grand total;
(e) The date the document was issued;
(f) The date when the information contained in the document comes
into effect, but if no such date be specified, the information shall be
understood to come into effect immediately; and
(g) The date whereupon the information contained in the document
ceases to be guaranteed to be valid, but if no such date be
provided, it shall be understood that the information shall cease to
be guaranteed on the first Sunday following the date when the
information comes into effect.
(26) "Order" shall mean —
(a) Any request identifying itself by conspicuous use of the word
"order" and including specifically:
(I) The name and contact information of the Buyer;
(II) The billing address;
(III) The name and contact information of the End-user if different
from that of the Buyer, otherwise notification that Buyer and
End-user are one and the same;
(IV) The shipping address if different from the billing address,
otherwise notification that billing address and shipping
address are one and the same;
(V) A description of the part or parts requested;
(VI) A stock number, item number, serial number, or some such
other identifier that uniquely identifies each item listed in the
request;
(VII) An enumeration or list of:
(i) The prices of each part included in the request;
(ii) The subtotal;
(iii) Shipping and handling charges;
(iv) Applicable sales tax;
(v) Applicable fees; and
(vi) The grand total;
! !
— And accompanied by payment, and/or
(b) Product used in the fulfillment of any such request.
(27) "Placed" shall mean an order that has been transmitted to SUPER PC,
regardless of whether or not it has been received and/or acknowledged by
SUPER PC.
(28) "Proper completion" and "properly completed" shall mean an order that
has been transmitted to and received by SUPER PC subject to the
restrictions on receipt of payment imposed by § 3 (A) and § 3 (B) of these
Terms.
(29) "Fulfillment" shall mean the completion of SUPER PC's obligation, in
whole or in part, under these Terms, and may take forms including but not
limited to shipment, cancellation, repair, or refund.
(30) "Status" shall mean a stage of the sales process, including but not limited
to: placement, receipt, payment, proper completion, production, shipment,
delivery, fulfillment, and cancellation.
(31) "Ship date" shall mean:
(a) For product that has not yet shipped, the date that SUPER PC
estimates that it will be able to ship product to the End-user from
either SUPER PC's manufacturing facility (in the case of product
that must for any reason be delivered first thereto) or SUPER PC's
supplier, to the End-user; or
(b) For product that already has shipped, the date that SUPER PC
actually shipped product to the End-user from either SUPER PC's
manufacturing facility (in the case of product that must for any
reason be delivered first thereto) or SUPER PC's supplier, to the
End-user
(32) “Business day” shall mean any day excluding Saturdays and Sundays;
(a) U.S. Federal holidays;
(b) U.S. bank holidays;
(c) Any and all holidays in the State of Tennessee and Rutherford
County and the City of Murfreesboro therein;
(d) Any other day when the Federal government, government of the
State of Tennessee, the Government of Rutherford County or the
City of Murfreesboro therein is closed for business; and
(e) Any day when the Buyer (if a non-individual entity), End-user (if a
non-individual entity) and/or SUPER PC is closed for business.
(33) “Working day” shall mean any day excluding the following:
(a) Saturdays and Sundays;
(b) U.S. Federal holidays;
(c) U.S. bank holidays;
(d) Any and all holidays in the State of Tennessee and Rutherford
County and the City of Murfreesboro therein; and
(e) Any day when the Buyer (if a non-individual entity), End-user (if a
non-individual entity) and/or SUPER PC is closed for business.
(34) "The website" shall mean any document transmitted by SUPER PC or its
designee, representative, or affiliate by any means whatsoever, upon
receipt of a request generated as a result of the use of the Internet
addresses "multi-monitors.com ," " super-pc.com ," or any other Internet
URL or any Internet Protocol address thereto assigned by:
(a) The Internet Corporation for Assigned Names and Numbers
(ICANN),
(b) The Internet Assigned Numbers Authority (IANA),
(c) Any Domain Name Service provider (DNS), and/or
(d) Any such organization's designee, representative, or affiliate.
(35) All dates and times both absolute and relative are expressed in Terms of
Central Time as adjusted for Daylight Savings as observed in
Murfreesboro, Tennessee, USA.
(B) Neither the availability, operation, use, or existence of any website in any way
related to SUPER PC, Buyer, and/or End-user shall have any bearing
whatsoever on the definition of the term covered under this Section.
§ 2. General Provisions
(A) In the event that any translation, interpretation, or transcription of these Terms
into any language other than American English should result in the meaning of
these Terms differing in whole or in part from the American English version of the
same, the original, American English language version of these Terms shall
control.
(B) In the event that any part of these Terms contradict any other part, the part
appearing first in this document shall control.
(C) In the event that any part or parts of these Terms are ruled, adjudicated, or
otherwise held to be unconstitutional, illegal, or otherwise unenforceable, said
part or parts are hereby declared to be severable and shall in no way affect the
constitutionality, legality, or enforceability of any other part of these Terms.
(D) These Terms shall not be construed so as to require or to attempt to require
resolution in any venue lacking competent jurisdiction, any part or parts of these
Terms to the contrary notwithstanding.
(E) These Terms shall come into full force and effect upon their being made available
by SUPER PC on the website, the posting whereof shall constitute proper notice
of their full force and effect.
(F) By engaging in business with SUPER PC, Customer both implicitly and explicitly
agrees to these Terms. These Terms may be superseded by negotiated Terms if
so mutually and voluntarily agreed to by both Buyer and/or End-user, and
SUPER PC. If negotiated Terms do not include language explicitly nullifying
these Terms, then these Terms shall apply to the extent that they do not conflict
with said negotiated Terms.
(G) By properly completing an order with SUPER PC, Buyer explicitly agrees to be
bound by the obligations imposed by these Terms, provided Buyer shall have the
option to withdraw his consent to these Terms within either the first twenty-four
(24) hours after said order is properly completed or until the order is shipped,
whichever comes first.
(H) Buyer and to the extent applicable End-user agree specifically to abdicate any
claim whatsoever against, to indemnify, and to hold harmless SUPER PC for any
fault or damage arising from Buyer's or End-user's direct or indirect ignorance of,
failure to read, failure to abide by, or violation of these Terms or any part thereof,
whether intentional, incidental, or otherwise.
§ 3. Terms of Sale
(A) Payment
(1) SUPER PC accepts payments only in American (United States) Dollars
and does not accept partial payments.
(2) For domestic orders SUPER PC accepts payment by:
(a) All major credit cards,
(b) Cashier
ʼs cheques,
(c) Business and personal cheques,
(d) Money orders,
(e) Wire transfers,
(f) Google Checkout,
(g) Federal Reserve and United States notes,
(h) Gold and Silver Certificates, and
(i) Gold and silver coin;
— but neither by
(j) electronic cheques nor
(k) traveler
ʼs cheques;
— nor does SUPER PC offer credit of any kind. Other forms of
payment may be negotiated on a case-by-case basis.
(3) Payment by Federal Reserve and United States notes, Gold and Silver
Certificates, and gold and silver coin are accepted only at face value.
(4) Cheques of all kinds, money orders, and all other negotiable instruments
should be made payable to
SUPER PC, LLC.
(5) All payments requiring physical delivery should be sent via United States
Postal Service Certified or Registered Mail, Return Receipt requested to:
SUPER PC, LLC
Multi-Monitors.com
P.O. Box 11504
Murfreesboro, TN 37129.
(6) Payment by wire transfer, cash, cheque, and any and all other forms of
payment requiring physical delivery should be sent within one (1) business
day of placing order, and Buyer agrees to notify SUPER PC that payment
has been sent within one (1) business day of sending payment. Said
notification must be sent via email to
sales@multi-monitors.com.
(7) If payment cannot be sent within one (1) business day of placing order,
Buyer must notify SUPER PC within one (1) business day both of the
delay and the reason therefore.
(8) Failure to notify SUPER PC within a total of two (2) business days from
the date of order placement that payment has been sent may result in the
order being cancelled prior to delivery of payment, with or without notice to
Buyer.
(9) Orders cancelled due to lack of notification may be reinstated at Buyer
ʼs
request and with the consent of SUPER PC within one (1) business day of
receipt of payment.
(10) Payment received for cancelled orders which are not reinstated within one
(1) business day of receipt of payment will be returned at Customer
ʼs
expense within seven (7) business days and in any such form as is proper
to allow deduction of shipping and handling expenses and any other fees
incurred by buyer prior to refund of the balance.
(11) In the event of dispute involving payment requiring physical delivery, only
a physical United States Postal Service Return Receipt will be accepted
as proof of delivery for payment.
(12) Orders to be paid by Google Checkout, Visa, MasterCard, and Discover
may be made online or by telephone.
(13) Orders placed online will be confirmed via email by a real employee of
SUPER PC within one (1) business day of having been received. Orders
placed online and not confirmed via email by a real employee of SUPER
PC should be considered not to have been received by SUPER PC and
therefore not properly complete.
(14) For security purposes, orders to be paid with anything other than those
specified above in § 3 (A) (12) are accepted by telephone only.
(B) Order placement and fulfillment
(1) Third party services necessarily introduce delays into the sales process,
which delays may cause irreversible faults into the sales and/or order
fulfillment process. Such faults may include but are not limited to:
(a) Situations where placement of an order placed through a third party
introduces a delay in receipt of order such that SUPER PC appears
to fulfill an order behind schedule, when to the best of SUPER PC's
knowledge, said order was fulfilled in a timely manner, or
(b) Situations where Customer requests through a third party for his
order to be cancelled, but said request does not reach SUPER PC
until after said order is shipped.
Therefore—
(c) SUPER PC's obligation to any order placed via third party will not
begin, and no such order shall be considered properly completed
unless SUPER PC has provided notice to Customer that said order
has been received, any such notice provided by said third party
notwithstanding; and
(d) All requests for any change in the status of any order must be
transmitted directly to SUPER PC via the appropriate channel
provided by SUPER PC, or if said channel is unknown to or
unaccessible by Customer, by sending an email to
status@multimonitors.
com
or by calling SUPER PC's toll-free telephone
number
1 (877) 320-8502 and choosing the menu option to check
the status of an existing order. Any such request sent via and/or
received from any third party is not guaranteed to be received,
acknowledged, or honored.
(2) Unless otherwise noted, orders are estimated to ship within 14 business
days from the date of proper completion. Payment is considered received
once SUPER PC has accepted delivery of money or the instrument of
payment, or the information necessary and creditor
ʼs (bankʼs or other
financial institution
ʼs) permission to charge a credit account.
(3) Any verbal shipping representation made by SUPER PC or its designee or
representative shall be considered informal and non-binding.
(4) Any shipping representation made by SUPER PC's affiliate or other third
party is hereby absolutely and completely disclaimed, and SUPER PC
accepts to responsibility whatsoever therefor.
(5) SUPER PC computer systems are assembled at our factory and then
shipped directly to the End-user. Most software and peripherals items are
shipped directly to the End-user from the supplier. Items on a single order
may ship separately and arrive at different times.
(6) As tracking numbers become available for each item shipped, they will be
made available to Buyer. Standard delivery occurs between five (5) and
seven (7) days from the date of shipment, but delivery dates cannot be
guaranteed. SUPER PC offers expedited shipping at additional cost.
(7) Orders are considered finished once all computers have shipped from the
factory and all software and peripheral orders have shipped from the
supplier. If an order cannot be finished within the original estimated
shipping time, a revised shipping date or statement regarding the reason
for indefinite delay will be transmitted to the Buyer. If an order cannot be
completed on or before the revised shipping date, a renewed delay notice
will be sent and will require Buyer
ʼs consent to delay and will include a
new shipping date or a statement regarding the reason for indefinite delay.
(8) Buyer may cancel an order in whole or in part at any time until shipment.
Orders and parts of orders that have shipped may not be cancelled.
(C) Returns and Refunds
(1) Refunds for cancelled orders will be processed according to the method of
payment. Orders paid with cash, cheque, or money order will be refunded
by first-class mail within seven working days after the order is cancelled.
Orders paid by credit will be paid by refunding the Customer
ʼs account or
by canceling the credit transaction within one Customer
ʼs billing cycle after
the order is cancelled. Refunds for orders paid by wire transfer or any
other form of payment will be arranged with the Customer so that the
refund is transmitted from SUPER PC within seven (7) working days after
the order is cancelled.
(2) Refunds will be processed according to the amount of the order that has
shipped and the shipping costs associated with those orders. Orders for
which none of the product has shipped will be refunded in full, including
shipping, handling, insurance, and any other fees already collected by
SUPER PC. For orders that have partially shipped, SUPER PC will refund
as-charged plus applicable shipping, handling, insurance, and any other
fees only for the items that have not shipped as of the date of order
cancellation. For orders that include a flat shipping fee, shipping costs will
be refunded only in the event that the entire order is cancelled.
(3) Refunds with a total value equal to or exceeding $200 U.S. will be subject
to a 10% restocking fee, to be deducted from the amount refunded.
Refunds for orders which have not yet shipped in whole or in part and are
cancelled within 24 hours of the order having been placed, regardless of
the date of receipt of payment, may not be subject to a restocking fee.
Additionally, SUPER PC will not charge a restocking fee for any refund
that is the direct result of a fault of SUPER PC.
(4) Returns are accepted for refund only for merchandise in like-new condition
within five (5) business days of delivery. SUPER PC reserves the right to
decline a return and refund at any time for any or no reason. Requests for
returns are accepted only by contacting
support@multi-monitors.com
with “Return Request” in the subject line. Buyer agrees to pay for shipping
for all merchandise returns. Buyer further agrees to have all merchandise
returns insured during shipping and that all returns will be subject to a
10% restocking fee. Delivery of and refunds for returned merchandise
shipped without insurance will be refused by SUPER PC. Once returned
merchandise is delivered to SUPER PC, it will be inspected to verify likenew
condition within two (2) business days of receipt. Refunds will be
issued within five (5) business days of verification of condition.
Merchandise returned for refund not in like-new condition will be returned
to End-user along with a statement detailing the reasons for declining the
return, and refund will be refused.
§ 4. Arbitration
Any claim or controversy arising out of or related to these Terms shall be settled subject
to the following:
(A) Any and all rights to bring suit or other action in court are hereby abdicated,
forfeited, and released, and any such claim or controversy shall be decided by
binding arbitration;
(B) Arbitration shall be invoked only by written notice, which notice shall be
deliverable only by post;
(C) Arbiter shall be mutually agreed upon by the parties involved within thirty (30)
days of receipt of notice;
(D) In the event that no arbiter shall have been agreed to within the time before
stated, an arbiter shall be requested by SUPER PC from and assigned by the
American Arbitration Association;
(E) Upon rendering of the decision by the arbiter, arbitration fees shall be paid by the
party at fault;
(F) Neither Customer nor SUPER PC shall in any way be liable for the costs and
fees incurred as the result of legal representation in any arbitration;
(G) Any such decision arising out of said arbitration shall be completely and
absolutely binding against both Customer and SUPER PC, any right of repeal
notwithstanding; and
(H) Customer and SUPER PC shall retain their respective and mutual rights to settle
privately any such claim or controversy until the decision of the arbiter is
rendered, provided that as part of such private settlement —
(1) Arbitration fees shall be paid by the party having requested the arbitration, and
(2) Neither Customer nor SUPER PC shall in any way be liable for the costs
and fees incurred as the result of legal representation in any arbitration.
