Payment Policy & Terms
1. PAYMENT
(a) Prices quoted to client or prospective client do not include bank fees and reflect a cash discount of 5% if paying with Cash, Company Check, Personal Check, or Cashier Check drawn on a U. S. Bank in U. S. Funds. Customers are responsible for any and all fees incurred from each transaction.
(b) CODs, Company Check, Personal Check, or Cashier's Check drawn on a U. S. Bank in U. S. Funds.
(c) Credit Cards accepted: MasterCard and Visa.
(d) Payment for goods purchased hereunder shall be in U.S. funds. A Twenty-Five Dollar ($25.00) minimum fee shall be charged on all returned checks.
(e) All funds received by electronic (wire) transfers are subject to no less than a Fifteen Dollar ($15.00) processing fee.
(f) All orders and contracts are subject to approval of Molick Enterprises, Incorporated's (hereby referred to as the Seller) credit department. The Seller may, at any time, require payment in advance, a deposit of 50% upon order and the remaining 50% upon delivery or satisfactory security that invoice will be paid when due. If Buyer fails to comply with any of the terms hereof, the Seller reserves the right to withhold further deliveries or terminate the agreement of sale with oral or written notice and any unpaid amount shall thereupon become due.
(g) Buyer authorizes the Seller to offset against any amount which the Seller owes to Buyer, any amount which Buyer owes to the Seller. Until the purchase price and all other sums due pursuant hereto are paid in full, if Buyer defaults with respect to any payments described herein, it shall pay the Seller for all costs and expenses, including legal expenses and attorney's fees, incurred by the Seller in exercising any of its rights or remedies.
(h) All unpaid balances are subject to a one point five percent (1.5% monthly and 18% annually) finance charge per month (minimum finance charge $10.00) if not paid within the agreed term.
2. NON-PAYMENT
(a) Payments not received after 30 days of due date will be considered delinquent and will be turned over to a collection agency.
3. Governing Law
(a) The formation, interpretation and performance of this agreement shall be governed by the internal laws of the State of California, including, except to the extent that the terms and conditions of this Invoice are clearly inconsistent therewith, any applicable provisions of California's Uniform Commercial Code. To the extent that this Agreement entails delivery or performance of services, such services shall be deemed "goods" within the meaning of the Uniform Commercial Code, except when to so deem such services as "goods" would result in an absurdity.
4. Validity
(a) The invalidity, in whole or in part, of any terms or conditions of an Invoice shall not affect the validity of any other terms or conditions.
5. Disputes and Attorneys' Fees
(a) In the event of any litigation to enforce or interpret any terms of this Agreement, the parties agree that such action will be brought in the Superior Court of the County of San Diego, California (or, if the federal courts have exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Southern District of California), and the parties hereby subject to the exclusive jurisdiction of said court. In no event shall the litigation of any controversy or the settlement thereof delay the performance of this Agreement. If an action is commenced to enforce payment as provided herein, Buyer agrees to pay the Seller's attorneys' fees, court costs and other costs of collection.
6. Complete Order
(a) An Invoice, which includes any supplemental documents attached hereto, sets forth the entire agreement, and supersedes all other oral or written provisions. THE PARTIES HEREBY AGREE THAT NO TRADE USAGE, PRIOR COURSE OF DEALING OR COURSE OF PERFORMANCE UNDER THIS AGREEMENT SHALL BE A PART OF THIS AGREEMENT OR SHALL BE USED IN THE INTERPRETATION OR CONSTRUCTION OF THIS AGREEMENT.
7. Returned merchandise
(a) All claims for shortage, damage, dead/defective on arrival (i.e. DOA), shipment error, incompatibility, or incorrectly ordered merchandise, must be made within seven (7) calendar days after the invoice date. If Molick Enterprises, Incorporated authorizes a return, it will issue an RMA (Return Merchandise Authorization) within the seven (7) calendar days.
(b) All returns are subject to a fifteen percent (15%) restocking fee of current market value at Seller's discretion. Our liability shall be limited to the invoiced value of the merchandise or its replacement.
(c) Seller does not accept returns on any installed item (including but not limited to memory, CPUs, interface cards, hard drives, flash memory, or any other item that customer has installed into a computer system), special orders or custom system builds. In other words, once you open it up and install it, returns will not be accepted.
(d) Returns will not be accepted without prior authorization and must be accompanied by a copy of the invoice. Buyer must return merchandise to seller within five (5) calendar days after the RMA is issued. If the merchandise is not returned within the authorized time period, the RMA will be canceled. Products must be packed securely and be returned to the Seller undamaged, and must include original packaging, manuals, warranty cards, and all other accessories, with Buyer being solely responsible for paying all return freight costs.
(e) Merchandise is subject to testing before replacements will be issued. We reserve the right to return to the Buyer any non-defective merchandise or any merchandise that does not match the invoice.
(f) All defective merchandise returns must be accompanied by a test report from an independent laboratory in order to receive a refund, credit, or replacement on merchandise.
(g) We reserve the right to issue credits in exchange for returned merchandise, or to replace merchandise with repaired, used, or reconditioned parts.
(h) All credits will be held for a maximum of ninety (90) days. After ninety (90) days all credits will be considered canceled.
8. Warranties
(a) Warranties on memory modules vary (see product description for applicable warranty). Seller is not responsible for any updates provided by third parties that cause a loss of functionality of Seller’s product.
(b) All CPUs have a "replacement only" warranty and must be returned for exchange within the warranty period assigned to each brand and type of CPU to manufacturer.
(c) All motherboards, computer sub-assemblies, and peripherals have a one (1) year warranty through the manufacturer. Additional warranties, if any, will be through the manufacturer.
(d) Computer systems have a one (1) year warranty on parts and labor. Unless otherwise noted, computer systems must be returned to Seller at Buyer’s expense. Items specifically not covered under 1 year warranty are problems related to:
Improper packing during return shipment to us Viruses, Spyware, or Trojan horses; OS deletion or corruption by any attempt to re-install the OS; Damages for loss of data or software restoration; Disasters such as floods, fires, winds, earthquakes or lightning; Water damage of any kind; Incorrect installation of hardware, software, and/or accessories; Failure to provide the proper installation environment; Peripherals not purchased from Molick Enterprises, Incorporated or unauthorized attachments; Service by any other service center; Any other type of abuse, misuse, physical damage or neglect.
(e) All software warranties regarding compatibility with other hardware or software products, merchantability and fitness for a particular purpose, or the ability of a product to meet the Buyers needs, are granted solely by the publisher or manufacturer of the products.
(f) No warranty by the Seller shall apply to any merchandise which has been modified or damaged by the Buyer. Merchandise that is defective due to misuse, neglect, or improper installation is not covered under the warranty. Seller is not responsible for any damages incurred to Buyer's equipment or data resulting from an improper installation.
(g) "Special order" parts have a "replacement only" warranty if defective.
(h) All warranties begin from the date of manufacturer’s invoice.
(i) No Seller employee, agent, or dealer is authorized to make any modification, extension, or addition to this warranty.
9. Refusals
(a) Buyer may be subject to no less than a fifteen percent (15%) restocking fee, shipping charges, and any losses incurred by Seller if a package is refused without prior authorization.
10. Shipping Limitations / Delays
(a) All shipping dates are approximate and are based upon current availability of materials and prompt receipt of all necessary information. The Seller will not be liable for any damage, loss, fault or expenses arising out of delays in shipment or other non-performance of this Agreement caused by or imposed by (1) strikes, fires, disasters, riots, Acts of God; (2) acts of Buyer; (3) governmental action; or (4) any other cause or condition beyond the Seller's reasonable control in the event of any such delay or non-performance.
11. Shipment
(a) All orders are F.O.B. (Freight On Board) origin unless otherwise agreed to in writing.
(b) Buyer is responsible for all reroute fees.
(c) Buyer is responsible for payment for any duplicate shipment if merchandise is not returned to seller within five (5) days.
12. Limitation on Liability
(a) IN NO EVENT SHALL SELLER BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, INCOME OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, BREACH OF ANY OBLIGATION IMPOSED ON SELLER HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY PROGRAMS OR DATA STORED IN OR USED IN CONJUNCTION WITH ANY MERCHANDISE OR SERVICE SOLD, THE COSTS ASSOCIATED WITH RECOVERING SUCH PROGRAMS OR DATA, OR ANY INCOMPATIBILITIES BETWEEN THE MERCHANDISE OR SERVICE SOLD AND ANY HARDWARE OR SOFTWARE USED BY BUYER. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY EXPENSES INCURRED BY BUYER FOR ANY INSTALLATION DONE BY SOMEONE OTHER THAN SELLER. In no event shall the Seller's liability (whether under the theories of breach of contract or warranty, negligence or strict liability) exceed the purchased price paid for the goods.
13. Trademarks
(a) All brand names are registered trademarks of their respective owners.
All prices are subject to change without notice. Call for availability on all items. All items are new unless Buyer’s requested a used item.
Only boxed CPUs come with a fan and heat sink.
Microsoft OEM sales requirements dictate that we must sell the product with a piece of computer hardware. For more information call and speak with any of our highly trained sales representatives.
Once the shrink wrap is broken on sealed products, they cannot be returned.
Molick Enterprises, Incorporated does not sell the names and addresses of its customers or visitors to anyone.
