All orders received are subject to acceptance by Chicago Tech, Inc. at its Chicago, Illinois, headquarters. All published prices are subject to change without notice. Chicago Tech, Inc. is not responsible for typographical errors. Except as otherwise set forth on the invoice, all shipments will be C.O.D. or prepayment, as outlined in the sales agreement.
Chicago Tech, Inc. prices do not include, and the customer shall be responsible for and agree to pay, all sales, use, excise and similar taxes, if any, however designated, levied or based, applicable for the sale.
2. Shipments and Delivery
Unless otherwise specified by Chicago Tech, Inc., delivery will be made F.O.B. Chicago Tech, Inc. headquarters in Chicago, Illinois, upon delivery by Chicago Tech, Inc. to a common carrier. Cost of shipment is in addition to the purchase price and shall be paid by the customer unless otherwise agreed by Chicago Tech, Inc. in writing. Chicago Tech, Inc. is not responsible for damage caused by a freight carrier. Collecting for loss or damage that occurs during shipping by the carrier will be the responsibility of the party (Chicago Tech, Inc. or Purchaser) that selected the carrier. Any visible damage to shipments should be noted in writing before acceptance. All claims for storage, damage or shipment errors must be made in writing to Chicago Tech, Inc. within three (3) days after receipt of shipment. Chicago Tech, Inc. will use its best reasonable efforts to meet any estimated delivery date, but Chicago Tech, Inc. shall not be liable for any delays howsoever caused. Ownership of other products shall pass to the customer when the payment in full has been made.
Regardless of the reason for the return, written approval (i.e. Return Authorization) for any return must first be obtained from Chicago Tech, Inc. Unless otherwise agreed by Chicago Tech, Inc. in writing, return transportation must be prepaid by the customer, and a restocking fee of 20% is charged on all returned merchandise. Rejected products must be returned in the original condition as received by the customer. Any product alterations, including without limitation improper refurbishing/reworking and damage to original markings, will void Chicago Tech, Inc.'s limited warranty with respect thereto.
4. Limited Warranty
Chicago Tech, Inc. warrants that all refurbished products will meet original manufacturer's electrical specifications for a period of ninety (90) days from and after delivery for retail, end-user sales and seven (7) days for wholesale sales. All claims for breach of this warranty shall be subject, at Chicago Tech, Inc.'s election, to submission of the refurbished product in question to test by an independent test laboratory, whose findings shall be final, binding and conclusive. In the event of a breach of warranty, the sole responsibility of Chicago Tech, Inc. shall be at its option to return or credit the purchase price thereof or repair or replace the refurbished products that have been found defective within the warranty period. Warranty does not cover software and Chicago Tech, Inc. is not responsible for configuration errors of non-purchased product added to or installed on to the equipment. All equipment sold without an operating system, will be configured to boot to the “C” prompt. Notebook batteries are not warranted to hold a charge.
EXCEPT SPECIFICALLY AS PROVIDED HEREIN, CHICAGO TECH, INC. MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR RESPECTING INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER RIGHT.
CHICAGO TECH, INC.'S RESPONSIBILTY FOR LOSSES OR LIABILITIES ARISING OUT OF OR RELATED TO THE PRODUCTS BEING SOLD HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE THEREOF, IN NO EVENT WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL THE CUSTOMER BE ENTITLED TO OR CHICAGO TECH, INC. BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, REVENUES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DAMAGE TO ASSOCIATED EQUIPMENT, DAMAGES RESULTING FROM RESIDENT DATA OR INFORMATION CONTAINED ON ANY STORAGE MEDIA, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES, SERVICES OR REPLACEMENT POWER, DOWN TIME COSTS, OR CLAIMS OF THIRD PERSONS WHO BUY FROM OR DEAL WITH THE CUSTOMER FOR SUCH DAMAGES.
Chicago Tech, Inc. is not bound by any printed matter on the customers acceptance forms or purchase orders which imposes terms or conditions which vary with the terms and conditions herein provided, and customer's issuance of any order in response to Chicago Tech, Inc.'s quotation shall be deemed an acceptance of the Terms and Conditions of Sale herein contained.
6. Terms and Conditions
These terms and conditions are subject to modification only by the mutual agreement of Chicago Tech, Inc. and the customer, in writing signed by authorized individuals. These terms and conditions shall be governed by and construed in accordance with the State of Illinois. The customer shall be responsible for all cost of collection incurred by Chicago Tech, Inc., including without limitation for all attorneys' fees and expenses. Customer hereby agrees that any legal action or proceeding arising out of or related to the products being sold hereunder or these Terms and Conditions of Sale shall be brought in the State or Federal courts having jurisdiction in Cook County in the State of Illinois, and the customer hereby consents and submits to the exclusive jurisdiction of such State of Federal courts.