JMA Terms and conditions of sale and service Printer Friendly Version

JMA Technology Terms and Condition of Sale and Service

PLEASE READ CAREFULLY: UNLESS THE CUSTOMER HAS ANOTHER VALID AGREEMENT WITH JMA OR ITS SUPPLIERS WHICH TERMS APPLY TO THE SPECIFIC PRODUCT (INCLUDING SOFTWARE) OR SERVICE PURCHASED OR LICENSED FROM AN JMA ELECTRONIC STORE OR WEB SITE, OR UNLESS OTHER JMA TERMS OR ADDITIONAL JMA TERMS ARE SPECIFIED ON ANY JMA ELECTRONIC STORE OR WEB SITE FOR A SPECIFIC PRODUCT, THE FOLLOWING JMA SINGLE ORDER TERMS (TERMS) (WITH ANY ADDITIONAL JMA TERMS IF SO SPECIFIED) WILL APPLY AND GOVERN ALL JMA SALES AND LICENSES OF JMA PRODUCTS AND SERVICES.

BY USING, DOWNLOADING, INSTALLING, COPYING, OR ACCESSING THE PRODUCT, OR BY CHOOSING THE "I ACCEPT" OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THIS AGREEMENT MAY BE DISPLAYED, YOU AGREE TO THE TERMS BELOW. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, AND DELIVERY OF THE PRODUCT OR SERVICE IS EFFECTED, DO NOT USE, DOWNLOAD, INSTALL, COPY, OR ACCESS THE PRODUCT OR SERVICE, AND PROMPTLY RETURN THE PRODUCT WITH PROOF OF PURCHASE TO THE PARTY FROM WHOM YOU ACQUIRED IT AND OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU DOWNLOADED ANY SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.

Terms of the Agreement
1	GENERAL: The terms and conditions outline on this quotation and purchase agreement (Quotation) shall apply to the sale by JMA Technology, Inc. ("Seller") of products, services and parts ("Product") to the customer ("Purchaser"). Purchaser accepts this Quotation by signing where indicated or by delivering to Seller a purchase order incorporating all the terms and conditions of this Quotation. Written acceptance of the Quotation or written acknowledgment confirming receipt of purchase order by Seller will constitute an agreement binding on both parties. No modification of these terms will be effected by inconsistent terms printed on Purchaser's order form.
2	F.O.B. POINT, TITLE: All Equipment is sold F.O.B. Houston, Texas, unless otherwise specified in the Quotation, and Seller's responsibility ends on delivery to the carrier. Title to all Product and risk of loss and damaged will pass to Purchaser on delivery to the carrier.
3	METHODS OF PAYMENT: All payments are to be in United States Dollars.
3.1	Seller accepts Visa, MasterCard, American Express, Discover, and other electronic payments through PayPal. Purchaser credit card statement will reflect a payment made to Seller.
3.2	Seller also accepts money order, or cashiers' check drawn on a United States Bank or Financial Institution for prompt shipping after receipt of the document.
3.3	Seller accepts personal or corporate check drawn on a United States Bank or Financial Institution. Seller will hold the check about seven (7) days for it to clear before shipping the Product.
4	REFUND POLICY: Product may be return up to 30 days after shipment with a money back guaranty with the following conditions.
4.1	GENERAL TERMS:Purchaser may return any Product, within specified time limits for Product categories if not specified then 30 days from the shipping date. Product must be in good condition, Purchaser will receive a refund for the full purchase minus 15% of the original price (or list price) and shipping cost. All returns must include the original packing box and manual. If the box or manual is damaged or missing, an extra fee will be charged. If Product is damaged, no refunds will be given. After the specified time limit, no refunds will be issued.
4.2	SPECIFIC RETURN PERIODS AND CONDITIONS BY PRODUCT CATEGORY
4.2.1	DISTO™ Purchaser may return Product, within 30 days of the shipping date.
4.2.2	INSTRUMENT CASES Purchaser may return Product, within 30 days of the shipping date.
4.2.3	SOFTWARE Purchaser may return Product, within 21 days of the shipping date. All seals on the software media must not be opened or broken.
4.2.4	COMPUTER HARDWARE Purchaser may return Product, within 21 days of the shipping date. All seals on the associated software media must not be opened or broken.
4.2.5	FABRIC BAGS Purchaser may return any Product, within 30 days of the shipping date.
4.3	CUSTOM ORDERS No refund is possible after delivery of Product. See CANCELLATION OF CUSTOM ORDERS section for further refund policies.
4.4	RETURNING PRODUCT Any Product being returned for a refund must follow the procedures specified in the section WARRANTY CLAIMS.
5	TAXES: Pricing does not include any present or future foreign, federal, state or local taxes and/or import duties that may result from this transaction, all of which will be paid by Purchaser. If Seller is responsible for collecting and paying taxes, they will be itemized to Purchaser. Texas residents will be charged sales tax at a rate of 7.25% and any local sales tax that may apply for the total amount of the order and unless otherwise indicated on the Quotation.
6	WARRANTY: Seller warrants all merchandise against defects in material or workmanship for a period of 30 days from date of purchase unless otherwise stated. Longer and/or broader warranties may be provided by the manufacturer of a particular product. Defective items must be shipped prepaid. This warranty shall not apply to any item where defects have been caused by improper customer assembly, failure by customer to follow instructions, product modification, negligent or improper operation.
6.1	All DISTO™ laser distance meters come with a two (2) year manufacturers' limited warranty. Please consult your DISTO manual for more warranty information. Should a problem arise with your product, please contact the Seller. The Seller will instruct Purchaser as to how to get the DISTO repaired.
6.2	Other Products that are included in this Quotation have varying length of warranties from that Product's manufacturer or supplier. Details of these warranties can be found on the individual manufacturer's or supplier's web site.
6.3	Modification of the Product by Purchaser will void warranty in full or part at the sole discretion of the Seller. All parts replaced under warranty shall become the property of the Manufacturer or Seller. Purchaser shall not operate any Product that is considered to be defective without first notifying the Seller in writing of its intent to do so. Any such use of the product will be at the Purchaser's sole risk and liability. Seller makes no other warranty or representation of any kind, expressed or implied. And all implied warranties of merchantability and fitness for a particular purpose with respect to the Product are disclaimed.
7	WARRANTY CLAIMS: For warranty claims, Purchaser must contact the Seller. The Seller will issue a Return Merchandise Authorization (RMA) number to the Purchaser and any additional instruction that are applicable at the time of the claim. The detailed RMA procedure is located on the Seller's Web Site and are subject to change without notice. Purchaser is responsible for all shipping cost of return Products.
8	LIMITS OF LIABILITY: At no time and under no circumstances shall the Seller or its suppliers or resellers are liable to Purchaser or any third party for any damages of any kind including but not limited to personal and property damages resulting in and all usages, direct or indirect of Sellers' Products. The Seller sole liability is limited to its liability under this warranty.
9	CANCELLATION OF CUSTOM ORDERS: If Purchaser cancels its order after the Product is in production, the Seller will be compensated for the Product in process. Purchaser will pay the Seller its actual costs and overhead expenses plus 10 %.
10	APPLICABLE LAW, SURVIVABILITY:The laws of the State of Texas will apply to this Quotation and any subsequent agreement. To the extent any provision or clause in this Quotation or subsequent agreement is prohibited by any law or is deemed unenforceable, such prohibition or unenforceability will not invalidate any of the remaining provisions or clauses in this Quotation or any subsequent agreement.
11	ENTIRE AGREEMENT: The terms and conditions, prices and specification in the Quotation constitute the entire agreement and it is understood that representations outside of the Quotation will not be binding on either party unless agreed to in writing. This Quotation will remain valid for thirty (30) days.