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Terms of Sale

Welcome to the PCNation website (“PCNation Site”)
THESE TERMS AND CONDITIONS ("AGREEMENT") APPLY TO YOUR ORDER AND PURCHASE OF HARDWARE, SOFTWARE, THIRD PARTY BRANDED SERVICES, AND PCNATION SERVICES (COLLECTIVELY, "PRODUCTS") SOLD BY PCNATION. PCNATION MAY, FROM TIME TO TIME AND AT ITS SOLE OPTION, REVISE THIS AGREEMENT WITHOUT NOTICE BY POSTING THE REVISED AGREEMENT ON ITS WEBSITE.
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PROCEEDING.
THE TERMS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU ("CUSTOMER") ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
CUSTOMER ACCEPTS THESE TERMS AND CONDITIONS BY MAKING A PURCHASE FROM OR PLACING AN ORDER WITH PCNATION (‘SELLER”) OR SHOPPING ON ANY SELLER WEBSITE ("PCNATION SITE") OR OTHERWISE ACCEPTING DELIVERY OF PRODUCTS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE, EXCEPT THAT THE TERMS AND CONDITIONS POSTED ON A SITE AT THE TIME CUSTOMER PLACES AN ORDER OR SIGNS A STATEMENT OF WORK WILL GOVERN THE ORDER IN QUESTION, UNLESS OTHERWISE AGREED IN WRITING BY SELLER AND CUSTOMER.
ANY GENERAL DESCRIPTION OF PRODUCTS POSTED ON ANY VENDOR, MANUFACTURER OR SELLER WEBSITE DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN SELLER AND CUSTOMER.
PRICING, INVENTORY AND TYPOGRAPHICAL ERRORS
Despite our best efforts, occasionally Products may be mispriced or descriptions, photos or stock status may be inaccurate. In the aforementioned event, PCNation shall at its sole discretion have the right to refuse or cancel any order for said Products. If Customer has been billed for the purchase and the order is subsequently canceled, Seller will promptly issue a refund of the amount billed via the same form of payment used on the original transaction.
ORDER ACCEPTANCE AND PAYMENT POLICY
Your receipt of any electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. Seller reserves the right at any time after receipt of your order to accept or decline your order for any reason. We do our best to ship all orders complete but we reserve the right to supply less than the quantity you ordered of any item. Unless other arrangement have been made in writing between Customer and Seller, payment is required before your order will be shipped. Payment may be made by credit card or debit card (Visa, MasterCard, American Express, Discover) issued in the United States by a U.S. financial institution or any other payment method Seller may choose to accept at our sole discretion. Seller reserves the right to refuse any payment made in any form at our sole discretion. Customer agrees to pay the total purchase price for the Products plus all shipping charges and applicable sales taxes.
TAXES
Federal, state and local sales, use and excise taxes and all similar taxes and duties are solely Customer’s responsibility. Customer may provide Seller a tax exemption certificate, which will be subject to review and acceptance by Seller.
SERVICES
Where services are ordered in a Statement of Work, each Statement of Work hereby incorporates this Agreement and constitutes a separate agreement with respect to the Services performed. In the event of an addition to or a conflict between any term or condition of the Statement of Work and this Agreement, the Agreement will control, except as expressly amended in the applicable Statement of Work by specific reference to this Agreement. Certain services may be provided by third parties. In the case of third party services, the third party shall be considered the contracting party, not Seller, and the third party shall be the party responsible for providing the services to Customer. Customer will look solely to the third party for any loss, claims or damages arising from, or related to, the provision of such third party services. Customer specifically releases Seller from any and all claims arising from or relating to the purchase or provision of any such third parties services.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD
CUSTOMER UNDERSTANDS THAT SELLER IS NOT THE MANUFACTURER OF THE PRODUCTS PURCHASED BY CUSTOMER HEREUNDER AND THE ONLY WARRANTIES OFFERED ARE THOSE OF THE MANUFACTURER, NOT SELLER OR ITS AFFILIATES. EXCEPT AS EXPRESSLY STATED HEREIN, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND OTHER REPRESENTATIONS, EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SELLER ARISING FROM ANY PRODUCTS PURCASHED FROM SELLER SHALL BE THE LESSER OF THE PRICE OF THE PRODUCTS ORDERED OR $20,000.00. IN NO EVENT SHALL SELLER, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, AND/OR REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCTS SOLD. THIS IN NO WAY AFFECTS THE TERMS AND CONDITIONS OF THE MANUFACTURER’S WARRANTY ON ANY PRODUCTS SOLD, IF ANY. PRODUCTS OFFERED BY SELLER ARE NOT DESIGNED FOR USE IN LIFE SUPPORT, LIFE SUSTAINING, NUCLEAR SYSTEMS OR OTHER APPLICATIONS IN WHICH FAILURE OF SUCH PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, LOSS OF LIFE OR CATASTROPHIC PROPERTY DAMAGE. USE IN ANY SUCH APPLICATIONS IS AT CUSTOMER’S SOLE RISK. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE OF SELLER IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES THAT IS NOT IN THIS AGREEMENT OR IN A STATEMENT OF WORK EXPRESSLY AMENDING SELLER'S WARRANTY.
RETURNS
Seller offers a 30-day return policy (“Return Policy”) on most Products sold. Manufacturer restrictions apply to certain items. The entire Seller Return Policy is incorporated in this Agreement by reference and accessible by link at http://www.pcnation.com/ReturnPolicy. Credits issued for returns may only be used for future purchases of Products. Any return credit issued must be used within 12 months of the date the credit was issued. Any credit or portion thereof not used within the 12 month period will automatically expire.
TERMINATION
Customer may cancel any order for Products at no charge up to five (5) business days prior to scheduled shipment upon written notice to Seller, unless such Products are designated on Customer’s quote as special order or the Products have been modified or otherwise reconfigured in accordance with Customer’s specifications. Cancellation shall not relieve Customer’s duty to pay for Products shipped, services performed or expenses incurred by Seller prior to such notice. If an order is cancelled prior to shipment, Customer’s sole remedy and Sellers's sole obligation will be a full refund of the purchase price paid for the Products. Cancellation of orders following shipment must be made in accordance with Seller’s Return Policy.
DELIVERY/TITLE/RISK OF LOSS
Seller will use commercially reasonable efforts to meet requested delivery times but does not guarantee delivery by a stated time and is not responsible for any damages due to delays or the failure to meet a stated delivery schedule. Seller reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle you to cancel other installments. The risk of loss and title for all Products purchased via the PCNation Site pass to the Customer upon delivery of the item to the carrier. For all other orders, title to Products and risk of loss or damage during shipment pass from Seller to Customer upon delivery to the specified destination. 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. Customer must notify PCNation in writing of damaged or missing Products within 2 business days of receipt of shipment.
NOTICES
User consents to receive electronic communications from PCNation, whether addressed to the e-mail address associated with such User's PCNation account or posted on the PCNation Site. User acknowledges and agrees that any communication via e-mail or by postings on the PCNation Site satisfies any legal requirement that such communications be made in writing.
MODIFICATION
If we decide to change our Terms of Sale or other policies, we will post the changes to the Terms of Sale and other places we deem appropriate so that you are aware of the current Terms of Sale.
EXPORT TERMS
If any Products purchased are being purchased for purposes of export, it is the Customer’s sole responsibility to appropriate export documentation from the United States Government before shipping to a foreign country. Customer agrees that it will not divert, use, export or re-export such items contrary to United States law. Customer expressly acknowledges and agrees that it will not export, re-export, or provide such items to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, North Korea, Sudan, and Syria. Customer also expressly acknowledges and agrees that it will not export, re-export, or provide such items to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List. In addition, manufacturer warranties for exported goods may vary or even be null and void. Seller, its shareholders, directors, officers, employees, agents, attorneys, and/or representatives shall not be liable in any way relative to the exportation of Products purchased from Seller.
DISPUTES, APPLICABLE LAW AND JUSRISDICTION
Any dispute arising out of or related to these Terms of Sale or the sales transactions between Customer and Seller shall be governed by the laws of the State of Illinois, without regard to its conflict of laws rules. Except for claims for injunctive relief by either party, Customer and Seller agree that any dispute or controversy arising out of, in relation to, or in connection with the Terms of Sale, Customer’s use of the PCNation Site or any sale or transaction between Seller and Customer shall be finally settled by binding arbitration in Chicago, Illinois under the then current rules of American Arbitration Association (AAA) including the AAA's Supplementary Procedures for Consumer-Related Disputes. All aspects of the arbitration shall be considered confidential and shall not be disclosed or disseminated by any party except as reasonably required to prosecute its claim or assert its defense to any such claim. The Arbitrator shall be required to issue prescriptive orders as may be required to enforce and maintain this covenant of confidentiality during the course of the arbitration and after the conclusion of same so that the results and the underlying data, information, materials and other evidence are forever withheld from public dissemination with the exception of this subpoena by a court of competent jurisdiction in an unrelated proceeding brought by a third party.
Customer agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Seller that is more than one year after the date of the applicable sales transaction invoice.
CLASS ACTION WAIVER
SELLER AND CUSTOMER AGREE THAT SELLER AND CUSTOMER WILL RESOLVE ANY DISPUTES, CLAIMS OR CONTROVERSIES ON AN INDIVIDUAL BASIS, AND THAT ANY CLAIMS BROUGHT UNDER THESE TERMS OF SALE IN CONNECTION WITH THE PCNATION SITE OR ANY SALE OR TRANSACTION BETWEEN SELLER AND CUSTOMER WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT ON BEHALF OF, OR AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. SELLER AND CUSTOMER FURTHER AGREE THAT SELLER AND CUSTOMER SHALL NOT PARTICIPATE IN ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE PROCEEDING (EXISTING OR FUTURE) BROUGHT BY ANY THIRD PARTY ARISING UNDER THESE TERMS OF SALE OR IN CONNECTION WITH THE PCNATION SITE OR ANY SALE OR TRANSACTION BETWEEN SELLER AND CUSTOMER.
SEVERABILITY
If any terms or conditions of the Terms of Sale shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions. Any term or condition of the Terms of Sale held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
ACKNOWLEDGMENT
The Terms of Sale, including without limitation all documents referenced herein, represents the entire understanding between Customer and Seller regarding Customer's relationship with Seller and supersedes any prior statements or representations. Headings used are for reference only and shall not affect the meaning of any terms or conditions.
Version Date – 7-10-17
OUR CONTACT INFORMATION
Please send all questions regarding our Terms of Sale, including requests to begin an arbitration proceeding, to:
PCNation
Attn: Legal Dept
500 Central Ave, Northfield, IL 60093