TERMS & CONDITIONS
Acceptance of the order process binds SMART HARDWARE, INC with principal offices in Thornwood, NY, and "THE CUSTOMER" to the following terms and conditions:
SMART HARDWARE, INC hereby sells to the CUSTOMER the Networking Hardware identified in all orders, including online and offline. Upon payment to SMART HARDWARE, INC of the purchase price set forth in the either shopping cart total for online purchases, or final sales quote amount in offline purchase, title to the Networking Hardware shall vest in the CUSTOMER.
Conditions and Warranty
(a) SMART HARDWARE, INC sells Pre-Owned / Refurbished, New-In-Box (NIB) and New-Open-Box (NOB) products. New-Open-Box products will be labeled as such in the product listing. All pre-owned / refurbished products sold by SMART HARDWARE, INC are fully tested and carry a One-Year Hardware Replacement Warranty to the original purchaser. New products are not warrantied by SMART HARDWARE INC and it is the responsibility of the purchaser to verify the warranty, if any, via the original manufacturer. This sale is for the hardware specified and not for any licensed or imbedded software. Licensed and/or imbedded software is the property of their respective manufacturers.
(b) SMART HARDWARE, INC is an independent reseller and is not affiliated with any of the manufacturers of the equipment quoted. All prices are in US dollars. Quoted and actual delivery dates may vary due to events beyond our control.
(c) The CUSTOMER has the option to purchase an extended 2 Year Annual Warranty for products purchased directly from SMART HARDWARE, INC.
(d) Special Orders: Non-stock items are considered Special Orders. Special Orders are non-returnable and all sales of Special Orders are final.
(e) Warranty covers DOA equipment or equipment failing to perform to manufacturers specs.
(f) Warranty does not cover misuse and/or damage due to improper installation, configuration changes and/or operation of the equipment.
Card Holder Security and Privacy
(a) All credit card holder information is transmitted through a secure payment gateway. SMART HARDWARE, INC does not store any credit card information on its web servers. SMART HARDWARE, INC does not share CUSTOMER information with any third party.
(b) All orders are charged at time of CUSTOMER purchase.
Shipment and Packaging
(a) The method of shipment of the Networking Hardware shall be selected by the CLIENT of by SMART HARDWARE, INC and the cost of such shipment shall be added to the shopping cart or quote total prior to sale. Our goal is to ship within 72 hours after the receipt of the order for in-stock items. Shipment delays can happen from time-to-time for a variety of reasons. SMART HARDWARE, INC attempts to keep its customers informed when an order is delayed; however SMART HARDWARE, INC is not responsible for any consequential damages as a result of any delays. SMART HARDWARE, INC does not guarantee delivery on a certain date and/or time. Partial orders are shipped when certain items are not in stock. SMART HARDWARE, INC may wait to complete an order prior to shipping at CUSTOMER'S request. SMART HARDWARE, INC strives to complete all orders within 20 working days following order receipt.
(b) The Networking Hardware shall be packaged in accordance with SMART HARDWARE, INC then current packaging specifications for Networking Hardware for the mode of shipment that the SMART HARDWARE, INC selects, and the cost of such packaging shall be included in the shopping cart or quote total prior to sale. Currently SMART HARDWARE, INC uses foam, bubble wrap, and corrugated boxes to package every order. In the event the item arrives damaged, it is the responsibility of the CUSTOMER to report to UPS or FED-EX any damaged equipment received. SMART HARDWARE, INC will work with the CUSTOMER and FED-EX to resolve in-transit damaged goods issues in a timely manner. Customers are liable to the extent with which the specific carrier.
(c) The Networking Hardware shall be shipped freight pre-paid from SMART HARDWARE, INC's shipping point (manufacturing facility or staging area), and the CUSTOMER assumes all risk of loss thereafter. CUSTOMER is responsible for the payment of freight charges to the SMART HARDWARE, INC.
(d) Please allow for 2-6 business days for Ground shipping, depending on the shipping address provided. SMART HARDWARE, INC is based in Florida, USA and London, UK, however not all orders are shipped from this location.
(e) Orders placed during the weekends or holidays are shipped the next business day.
(f) SMART HARDWARE, INC does not guarantee product availability. Displayed availability is strictly a time estimate, and does not account for time involved in product testing and shipment.
(g) Shipping quotes are estimated until order fulfillment. Orders are not shipped directly on checkout, and any cost differences are appropriately billed. SMART HARDWARE, INC reserves the right to update shipping costs at any time, and will always do so in writing to the CUSTOMER before fulfilling the order and capturing funds.
(h) Billing & shipping addresses must be verified by the credit card company for timely shipping. SMART HARDWARE, INC does not ship to unverified addresses under any circumstances. CUSTOMER must call their respective credit card company to add verified addresses. SMART HARDWARE, INC is not responsible for unapproved addresses, and any delays caused thereof.
(i) SMART HARDWARE, INC is not liable for any shipping charges that may incur as a result of an undeliverable shipping addresses provided by the CUSTOMER. Shipping will not be refunded under any circumstances. SMART HARDWARE, INC will attempt to double check addresses accuracy as a courtesy, but can not make any guarantees.
(j) SMART HARDWARE, INC shipping policy does not permit items to be shipped to Post Office boxes. Physical address is required for security reasons.
(k) CUSTOMER is solely responsible for any tariffs, customs or fee. SMART HARDWARE, INC is not liable for shipping that is refused because CUSTOMER failed to account for customers fees and tariffs.
(l) All orders shipped by SMART HARDWARE, INC are insured through the respective carrier company making the delivery.
(m) SMART HARDWARE, INC reserves the right to update shipping charges to reflect appropriate pricing, which the shopping cart total may or may not accurately reflect. This includes improper shipping charges (whether intentionally or unintentionally) entered by the CUSTOMER at the time of checkout.
(n) Please note, all shipping methods listed at time of checkout and order confirmation through email, web chat or phone do not include times allotted for testing and order handling.
Purchase and Taxes
(a) The purchase price for the Networking Hardware shall be as set forth in Shopping Cart total. The purchase price, together with all applicable shipping charges, other special charges and taxes, including any and all penalties, but less any credits or deposits, shall be payable in full prior to shipment. See Payment Terms below for a list of accepted payment methods.
(b) The CUSTOMER shall pay all taxes based on or in any way measured by this Agreement, the Networking Hardware or any services related thereto, including any personal property taxes but excluding taxes based on SMART HARDWARE, INC's net income. If the CUSTOMER elects to challenge the applicability of any such taxes, the CUSTOMER shall pay such taxes to the SMART HARDWARE, INC and the CUSTOMER may thereafter challenge such taxes and seek refund thereof.
(c) Florida state (USA) customers are subject to 7 % sales tax. Tax exempt organizations must provide us with their tax number when placing an order or risk being charged Florida sales tax.
(a) Credit Card: SMART HARDWARE, INC accepts MasterCard, Visa, Discover, American Express and PayPal.
(b) Wire Transfer: SMART HARDWARE, INC accepts domestic and international wire transfers. Please contact your Account Manager for more information.
(c) COD (Cash on Delivery): SMART HARDWARE, INC does not accept COD.
(d) International Customers: SMART HARDWARE, INC accepts international wire transfers from all countries. Please contact your Account Manager for more information.
(e) Purchase orders are available only for government, educational and non-profit institutions. Please contact the sales department for details. A late fee of 1.5% (or highest rate permitted by law, if less) per month will be assessed on the total balance due when more than 30 days past due.
Please note SMART HARDWARE, INC works closely with law enforcement agencies to investigate and pursue fraudulent orders. Any fees associated with legal action due to fraudulent orders are the sole responsibility of the CUSTOMER.
SMART HARDWARE, INC continually upgrades and revises products and prices. SMART HARDWARE, INC may revise and discontinue products or change prices at any time without prior notice to customers.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.
Refunds / Credits
ALL SALES ARE FINAL. NO RETURNS ACCEPTED except
if an incorrect product is ordered. CUSTOMER may exchange their product for another of equal or greater value, minus any taxes, customs fees, shipping, handling and a 15% restocking fee associated with the original order, as well as the shipping and handling fees associated with the exchange. This policy applies to end-users only. SMART HARDWARE, INC may refuse exchanges for reseller customers.
when damaged goods are delivered (DOA, Dead On Arrival). In such cases, SMART HARDWARE, INC will replace the item at no cost. Restocking fees, as well as shipping and handling fees will be waived.
In rare instances when SMART HARDWARE, INC is unable to fulfill CUSTOMER'S order and CUSTOMER has prepaid with wire transfer, SMART HARDWARE, INC will issue a full refund in US Dollars for the amount originally paid. If the payment was made by a credit card, SMART HARDWARE, INC will issue a credit to the card for the original amount of the charge. All other refunds will be in the form of a credit to the CUSTOMER'S account, which may be used towards a purchase for a period of one year from the date issued. SMART HARDWARE, INC DOES NOT provide cash refunds under any circumstances.
Please note, all returned products must have the manufacturer serial number clearly visible for identification purposes. Any products returned that are not the original items sold by SMART HARDWARE, INC, or have tampered serial numbers will be returned at the CUSTOMER'S expense and will void any right for return or exchange. SMART HARDWARE, INC reserves the right to divulge any counterfeit products to law enforcement channels.
RMA (Return Merchandise Authorization)
CUSTOMER must receive an RMA number from SMART HARDWARE, INC's RMA department BEFORE returning merchandise. SMART HARDWARE, INC is not responsible for items returned without an RMA number, and any costs associated with shipping the item back are the sole responsibility of the CUSTOMER. A RMA is issued when the equipment received is determined to have a specific defect.
RMA's are issued up to one-year from the invoice date. CUSTOMER is responsible to return the defective item within 10 days after the issuance of RMA in its original box with all cables, manuals, accessories, etc. along with all freight charges pre-paid. Collect shipments will not be accepted. CUSTOMER will be charged for any missing items. RMA's not returned within 10 days will be cancelled. SMART HARDWARE, INC will repair and/or exchange the equipment under warranty within 10 working days following its receipt. No other implied or explicit warranty of any kind is offered.
Service and Support
SMART HARDWARE, INC does not offer support for basic installation, setup and configuration issues.
Fitness For A Particular Purpose
SMART HARDWARE, INC is ready to assist all Customers in selecting the appropriate products. However, the final responsibility of compatibility and/or fitness for a particular purpose lies with the CUSTOMER. SMART HARDWARE, INC is not responsible for fees associated with returns for wrong parts/products orders.
Termination / Cancellation
(a) This Agreement may be terminated or cancelled by the SMART HARDWARE, INC if:
(1) CUSTOMER fails to pay SMART HARDWARE, INC the purchase price;
(2) CUSTOMER is in default of any other provision of this Agreement and such default has not been cured within 20 days of written notice thereof given by the SMART HARDWARE, INC; or
(3) CUSTOMER becomes insolvent or seeks protection, voluntarily or involuntarily, under any bankruptcy laws.
(b) In the event of any termination/cancellation of this Agreement, the SMART HARDWARE, INC may:
(1) Declare all amounts owed SMART HARDWARE, INC to be immediately due and payable;
(2) Enter the Customer premises and repossess the Networking Hardware and all other items supplied by SMART HARDWARE, INC; and
(3) Cease performance of all of SMART HARDWARE, INC obligations without liability to CUSTOMER.
(c) The foregoing rights and remedies of SMART HARDWARE, INC shall be cumulative and in addition to all other rights and remedies available to the SMART HARDWARE, INC in law and in equity.
(d) Special Orders: Any item not on our stock list is considered SPECIAL ORDER and cannot be cancelled.
(e) Order Cancellation: Once an order is processed online, they may not be cancelled for any of the following reasons:
(f) Delays: Delays of up to 7 business days are normal in network hardware industry. Although SMART HARDWARE, INC makes every effort to avoid delays in delivery, quoted delivery date and actual delivery date may vary due to events beyond its control.
(g) Damaged In Transit: SMART HARDWARE, INC has no control over shipping vendors and will work with the CUSTOMER to replace the damaged goods as soon as possible.
(h) Defective Products are replaced under SMART HARDWARE, INC's warranty program within 3-5 business days.
(i) Incorrect Item Received are replaced with the correct item within 3-5 business days.
Cancelled orders other than those mentioned above are subject to 15% restocking fee. No Exceptions.
Limitation of Liability
(a) IN NO EVENT SHALL SMART HARDWARE, INC BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, EVEN IF THE SMART HARDWARE, INC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF. SMART HARDWARE, INC's LIABILITY TO CUSTOMER HEREUNDER, IF ANY, SHALL IN NO EVENT EXCEED TEN THOUSAND DOLLARS ($ 10,000) OR THE TOTAL OF THE AMOUNTS PAID TO SMART HARDWARE, INC HEREUNDER BY THE CUSTOMER, WHICHEVER IS LESS.
(b) IN NO EVENT SHALL SMART HARDWARE, INC BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OR DELAY OF THE SMART HARDWARE, INC IN THE DELIVERY OR INSTALLATION OF THE NETWORKING HARDWARE OR IN THE PERFORMANCE OF INSTALLATION SERVICES OR OTHER SERVICES UNDER THIS AGREEMENT.
(c) SMART HARDWARE, INC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. SMART HARDWARE, INC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Negation of Proprietary Rights Indemnity
THE NETWORKING HARDWARE IS PROVIDED ON AN 'AS IS' BASIS AND THE SMART HARDWARE, INC SHALL HAVE NO LIABILITY TO CUSTOMER FOR THE INFRINGEMENT OF ANY PATENTS, COPYRIGHTS, TRADE SECRETS, OR OTHER PROPRIETARY RIGHTS BY THE NETWORKING HARDWARE OR ANY PORTION THEREOF.
(a) This Agreement shall be deemed effective upon execution thereof by the Customer and acceptance thereof by an authorized representative of the SMART HARDWARE, INC
(b) Any cause of action arising out of or related to this Agreement must be brought no later than one year after the cause of action has accrued.
(c) This Agreement is the exclusive agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. This Agreement may only be amended by a writing executed by the authorized representatives of both parties.
(d) This Agreement shall be interpreted in accordance with the substantive laws of the State of New York.
Last updated: Jan 2013