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Return Policy Your satisfaction with the purchase made from MGT Diversified Solutions, LLC is our success. If you are not happy with the product you receive from MGT Diversified Solutions, LLC we will take it back within 30-days. MGT Diversified Solutions, LLC will accept the return of any product, within 30-days of shipment, in accordance to the MGT Diversified Solutions, LLC Terms and conditions. Products shipped in nonconformity may be returned with no restocking fee or freight charges assessed to the customer. Products returned for other reasons will be assessed restocking fees plus shipping costs, to and from customer. Restocking fees may be waived at the option of MGT Diversified Solutions, LLC. At no time should products be returned to MGT Diversified Solutions, LLC without a written customer Return Authorization (CRA). A CRA may be obtained by calling Beth Via at MGT Diversified Solutions at (859)881-3765 X228. Please see Terms and Conditions for further details. Terms and Conditions The following terms and conditions govern the sale of material to the customer by MGT Diversified Solutions, LLC Please contact purchasing at MGT Diversified Solutions, LLC, 859-881-3765 X228, if you have questions regarding any of the terms and conditions contained herein. QUOTATIONS All quotations issued by MGT Diversified Solutions, LLC are the property of MGT Diversified Solutions, LLC and are private property between MGT Diversified Solutions, LLC and the customer and shall not be disclosed to a third party without consent from MGT Diversified Solutions, LLC. All products quoted are subject to prior sale. There is no guarantee, expressed or implied, that quoted products will retain continued availability regardless of quote expiration date. New and Surplus products are subject to prior sale. ACCEPTANCE OF ORDERS All orders issued by the customer to MGT Diversified Solutions, LLC shall be effective only to specify material ordered. All orders, including amendments thereto, are subject to MGT Diversified Solutions, LLC acceptance, which may be evidenced in writing or by fulfillment of the order. MGT Diversified Solution’s acceptance of customer's orders is based on the terms and conditions contained herein. Neither an acknowledgment of customer's order nor shipment of material ordered shall constitute MGT Diversified Solution’s acceptance or confirmation of terms set forth in customer's Purchase Order. All quotations, orders, acknowledgments, and invoices shall be subject to the terms and conditions contained herein. All terms and conditions in addition to, or in conflict with, the terms and conditions set forth herein shall be deemed deleted unless otherwise agreed to by MGT Diversified Solutions, LLC in writing, which has been executed by its duly authorized officer. PRODUCT INSTALLATION customer assumes total responsibility for the proper selection, configuration, installation, operation, and maintenance of material purchased. DELIVERY INFORMATION MGT Diversified Solutions, LLC plans to ship in a timely manner to meet customer's requested delivery date. If customer is not prepared to accept shipment on that date, customer must notify MGT Diversified Solutions, LLC at least three (3) days before the scheduled shipping date to reschedule the shipment. Otherwise, special handling charges will be assessed. All shipments are subject to and contingent upon timely receipt of order and established credit lines. MGT Diversified Solutions, LLC will not be liable for any failure or delay in performance of its obligations under these Terms and Conditions Of Sale caused by acts of nature, fire, explosion, power failure, riot, labor unrest (including, without limitation, strikes, slowdowns, picketing, or boycotts), acts of government, unavailability of material from suppliers, delay or default of common carrier, or any other circumstance beyond the reasonable control of MGT Diversified Solutions, LLC SHIPPING AND RISK OF LOSS All shipments of material shall be made F.O.B. Destination, freight and handling charges added to invoice. Unless otherwise specified in an order accepted by MGT Diversified Solutions, LLC, they will ship by a reliable carrier of its own selection to meet customer's requested delivery date. Title to the material and risk of loss pass to customer when the material is delivered by the carrier, notwithstanding the prepayment of transportation by MGT Diversified Solutions, LLC The remedy against the carrier for loss during transit is limited to recourse against the carrier for transit losses. If additional coverage is necessary, consult MGT Diversified Solutions, LLC before shipment. Warehouse Shipments Material shipped from MGT Diversified Solutions, LLC to points within the continental United States will be shipped F.O.B. Destination. Drop Shipments Drop shipments from the manufacturer to customer will be shipped F.O.B. Destination. Export Shipments unless otherwise specified in writing, all materials shipped abroad will be shipped on an Ex Works point-of-origin basis. The export of materials to foreign countries may be subject to restrictions and approvals of the U.S. Government and/or MGT Diversified Solution’s suppliers. The import of materials into foreign countries may also be subject to restrictions and approvals by those countries. Customer will, in its own name, apply for any required U.S. export license and hereby assumes full responsibility for the exportation or importation of the materials and for compliance with all United States and foreign laws applicable to the exportation or importation of the materials. MGT Diversified Solutions, LLC assumes no liability whatsoever in connection with the exportation or importation of the materials. CLAIMS Items damaged during shipment should not be returned to MGT Diversified Solutions, LLC without prior approval in writing. All damage and shortage claims should be made on receipt of the material and filed directly with MGT Diversified Solutions, LLC. The carrier's agent is always required to make a notation on the freight bill specifying the damage or shortage. MGT Diversified Solutions, LLC will not be held responsible unless damage is notated on delivery receipt of goods and acknowledged by delivery carrier at time of delivery. MGT Diversified Solutions, LLC will resolve such claims with the carrier as quickly as possible. MGT Diversified Solutions, LLC will not be held responsible for damage claims after receipt of goods, unless so noted on delivery receipt by delivering carrier. SELLER'S RIGHT TO STOP DELIVERY For customer's insolvency or default, MGT Diversified Solutions, LLC shall have the right to withhold shipments or stop delivery of material in the possession of a carrier or other bailee. CANCELLATION OF ORDERS customer may cancel or reschedule an order on written notice to MGT Diversified Solutions, LLC prior to shipment, unless (i) the order is for material containing customer's trademark, trade name, insignia, symbols, decorative designs, or other evidence of customer's ownership (hereinafter referred to as "Insignia Product"), or (ii) the order is for material not stocked by MGT Diversified Solutions, LLC and the manufacturer or vendor of such material does not allow MGT Diversified Solutions, LLC to cancel the order. If the order is for material that is not normally stocked by MGT Diversified Solutions, LLC, customer shall pay all charges, costs, fees, and other amounts charged by the manufacturer or vendor as a result of the cancellation or rescheduling. In the absence of such charges, MGT Diversified Solutions, LLC may invoice customer for an amount equal to ten percent (10%) of the order price for the cancellation or rescheduling. This charge is not imposed as a penalty, but in recognition of the difficulty computing actual damages, costs, or other charges caused by such cancellation or rescheduling. If the order is for material normally stocked by MGT Diversified Solutions, LLC, and if written notice of the cancellation or rescheduling is received by MGT Diversified Solutions, LLC five (5) days or more prior to the scheduled shipping date (SSD), there is no cancellation charge. If written notice is received by MGT Diversified Solutions, LLC within five (5) days of the SSD, customer may be charged ten percent (10%) of the order price for the cancellation or rescheduling. This charge is not imposed as a penalty but as a result of the difficulty computing actual damages, costs, or other charges caused by such cancellation or rescheduling. In no event may an order be rescheduled more than once or for more than sixty (60) days beyond the SSD unless mutually agreed on by the parties in writing. RETURNS/RESTOCKING All items to be returned will require a written return authorization from MGT Diversified Solutions, LLC and must be accompanied by an approved MGT Diversified Solutions, LLC customer Return Authorization (CRA) form. Unauthorized returns will not be accepted. Returns for Nonconformity. Customer shall have thirty (30) days following shipment of material within which to inspect and provide MGT Diversified Solutions, LLC with written notice of rejection for nonconformity with these terms and conditions. Material returned for credit must be unused and in the original shipping carton. Material returned due to nonconformity with these terms and conditions will have credit issued against the original invoice for the material, freight, and taxes after the material has been received and inspected at MGT Diversified Solutions, LLC, Nicholasville, KY. Returns for Reasons Other Than Nonconformity. Material can be returned for reasons other than non-conformance with these terms and conditions within thirty (30) days of shipment of the material, provided (i) the material is not Insignia Product, (ii) the manufacturer or vendor of material not stocked by MGT Diversified Solutions, LLC approves the return in advance, and (iii) the material is unused, resalable, and in the original shipping carton. Any material returned for reasons other than non-conformance with these terms and conditions will be subject to a restocking charge. Requests to return material not stocked by MGT Diversified Solutions, LLC must be directed to MGT Diversified Solutions, LLC within thirty (30) days of shipment of the material. Material not stocked by MGT Diversified Solutions, LLC must be sent to MGT Diversified Solutions, LLC or directly back to the manufacturer or vendor, as instructed by MGT Diversified Solutions, LLC The manufacturer or vendor, prior to the return, must approve all returns of material not stocked by MGT Diversified Solutions, LLC Credit for such material will be issued when MGT Diversified Solutions, LLC receives credit from the manufacturer or vendor. Material stocked by MGT Diversified Solutions, LLC must be returned within thirty (30) days of shipment of the material in accordance with the instructions and documents enclosed with the shipment. Credit for the return of stocked material will be issued after the material has been received and inspected by MGT Diversified Solutions, LLC MGT Diversified Solutions, LLC shall pay the transportation costs of returning nonconforming material, and customer shall pay the transportation costs of returning material for reasons other than nonconformity within these terms and conditions. Customer shall be responsible for providing proof of delivery on returned material if requested by MGT Diversified Solutions, LLC. Return authorizations are valid for thirty (30) days. PAYMENT TERMS Payment shall be due prior to shipment of material, or as agreed on in written documentation from MGT Diversified Solutions, LLC. Overdue accounts will be assessed a late payment charge at a rate of 1.5% per month, or the maximum permitted by law, whichever is lower, on any unpaid amounts past due. MGT Diversified Solutions, LLC reserves the right to withhold shipment to customers with a past due balance. PRICES Unless otherwise quoted, material will be invoiced at prices in effect at the time of order acceptance, provided the requested shipping date for ordered items is within thirty (30) days of such acceptance. Prices for material with a requested shipping date beyond thirty (30) days shall be negotiated at the time of order acceptance. Prices for material do not include shipping and handling charges or taxes unless specifically stated to customer. Prices published by MGT Diversified Solutions, LLC are subject to change without notice and do not constitute quotations or offers to sell. Quotations expire thirty (30) days after the date of the quote unless otherwise specified in writing by MGT Diversified Solutions, LLC. MINIMUM ORDER A minimum total of $100 (one hundred dollars) is required for each order. TAXES customer shall be responsible for all taxes, including tariffs or duties, with respect to transactions hereunder, except taxes levied on MGT Diversified Solution’s net income. Customer shall not be responsible for taxes for which it possesses a valid exemption certificate acceptable to the applicable taxing authority and on file with MGT Diversified Solutions, LLC prior to order acceptance. WARRANTY AND DISCLAIMER OF WARRANTY Material sold by MGT Diversified Solutions, LLC is subject to such warranties as may be made available to customer by MGT Diversified Solution’s suppliers. If material is defective, on request, MGT Diversified Solutions, LLC will assist customer in notifying the supplier. MGT DIVERSIFIED SOLUTIONS, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All products sold by MGT Diversified Solutions, LLC are sold "where-is, as-is" with no guarantee other than MGT Diversified Solution’s supplier warranty. LIMITATION OF LIABILITY Under no circumstance shall MGT Diversified Solutions, LLC be responsible or liable for incidental, indirect, special, or consequential damages, including any damages arising from delay, loss of data, lost profits, or loss of goodwill, notwithstanding their foresee-ability or disclosure thereof by customer. In addition, customer provides complete indemnification to MGT Diversified Solutions, LLC for all liability, which may or may not occur as a result of, but not be limited by; financing, procurement, storage, shipping, delivery of products and services, and cancellation of orders by customer. MGT Diversified Solutions, LLC maximum liability to customer arising out of or relating to MGT Diversified Solutions, LLC performance or nonperformance of its obligations, regardless of the form of action, shall be limited to the recovery of direct and actual damages and shall not exceed the amount invoiced for the material that is the subject matter of, or directly related to, the cause of action. INTELLECTUAL PROPERTY RIGHTS customer's intellectual property rights in any material, including any hardware, software, or firmware, are derived from and shall be subject to the intellectual property rights of MGT Diversified Solutions, LLC, its suppliers, or other third parties, including the terms of any licenses restricting use, duplication, or resale. Material may be subject to special licensing requirements, which will be provided to customer. CHOICE OF LAW The domestic laws of the State of Kentucky shall govern all transactions without giving effect to the principles of conflict of laws. The U.N. Convention on Contracts for the International Sale of Goods shall not apply. MISCELLANEOUS Any dispute arising out of any transaction shall be resolved by and submitted to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, with the following modifications: (1) If arbitration is requested by MGT Diversified Solutions, LLC, it shall be held in the city nearest customer's address having an American Arbitration Association regional office; and if requested by customer, it shall be held in Lexington, KY; (2) the arbitrator shall be licensed to practice law and shall preferably have former judicial experience; (3) the arbitrator shall conduct the arbitration as if it were a bench trial and shall use, apply and enforce the Federal Rules of Civil Procedure; (4) the arbitrator shall have no power or authority to make any award that provides for consequential, incidental, indirect, punitive or exemplary damages; (5) the arbitrator shall control the scheduling so that the hearing is completed no later than 120 days after the date of demand for arbitration; (6) the arbitrator shall rule on the dispute by issuing a written decision within 30 days after the close of the hearing; and (7) the arbitrator's decision shall follow the plain meaning of this Agreement and the relevant documents. Each party shall bear its own arbitration costs and expenses, except that a party seeking discovery shall reimburse the other for costs of document production (including search time and reproduction costs). The parties shall equally split the fees of the arbitrator and the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the parties. No action or demand for arbitration may be brought more than two years after accrual. Material purchased hereunder is not for resale or distribution unless specifically authorized by MGT Diversified Solutions, LLC in writing. |
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