Terms and Conditions of Sale

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

These terms and conditions ("Agreement") apply to your purchase of computer systems and/or related products and/or services and support sold in the United States ("Product") by the TRU3D entity named on the invoice or acknowledgement ("TRU3D") provided to you. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify TRU3D  immediately and return your purchase pursuant to TRU3D 's Return Policy. If returned, Product(s) must remain in the boxes in which they were shipped. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH TRU3D , IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER TRU3D  TERMS AND CONDITIONS APPLY TO THE TRANSACTION.

1.     Other Documents.  This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and TRU3D . If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be requested at orders@TRU3D.com

2.     Payment Terms; Orders; Quotes; Interest.  Terms of payment are within TRU3D 's sole discretion, and unless otherwise agreed to by TRU3D, payment must be received by TRU3D prior to TRU3D's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by TRU3D. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. TRU3D may invoice parts of an order separately. Your order is subject to cancellation by TRU3D, at TRU3D's sole discretion. Unless you and TRU3D have agreed to a different discount, TRU3D's standard pricing policy for TRU3D-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. TRU3D is not responsible for pricing, typographical, or other errors, in any offer by TRU3D and reserves the right to cancel any orders resulting from such errors.

3.     Shipping Charges; Taxes; Title; Risk of Loss.  Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from TRU3D to Customer on shipment from TRU3D's facility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify TRU3D within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide TRU3D with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. Title to software will remain with the applicable licensor(s).

4.     Warranties.  THE LIMITED WARRANTIES APPLICABLE TO TRU3D-BRANDED HARDWARE PRODUCT CAN BE FOUND AT http://www.tru3d.com/company/commitment.php?file=Tru3D%20Warranty.OR IN THE DOCUMENTATION TRU3D PROVIDES WITH THE PRODUCT. TRU3D MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-TRU3D BRANDED PRODUCT. SUCH PRODUCT IS PROVIDED BY TRU3D "AS IS". WARRANTY AND SERVICE FOR NON-TRU3D BRANDED PRODUCT, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY TRU3D. TRU3D MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN TRU3D'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. WARRANTIES AND SERVICE WILL BE EFFECTIVE, AND TRU3D WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES AND SERVICES, ONLY UPON TRU3D'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED OR SERVICED.

5.     Software.  All software is provided subject to the license agreement that is part of the software package and you agree that you will be bound by such license agreement.

6.     You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by TRU3D, TRU3D is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At TRU3D's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.

7.     Changed or Discontinued Product.  TRU3D's policy is one of ongoing update and revision. TRU3D may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." TRU3D will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.

8.     Service and Support.  Service offerings may vary from Product to Product. If you purchase optional services and support from TRU3D, TRU3D and/or your third-party service provider will provide such service and support to you in the United States in accordance with the terms and conditions located at http://www.tru3d.com/us/en/gen/services/service_service_contracts.htm or as mailed to you. You may contact TRU3D for more information, see http://www1.us.tru3d.com/content/topics/segtopic.aspx/contact/contact?c=us&l=en&s=gen for contact information. TRU3D and/or the third-party service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. TRU3D has no obligation to provide service or support until TRU3D has received full payment for the Product or service/support contract you purchased. TRU3D is not obligated to provide service or support you purchase through a third party and not TRU3D.

9.       Limitation of Liability.  TRU3D DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TRU3D WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, TRU3D IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

10.  Applicable Law; Not For Resale or Export.  You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export. TRU3D has separate terms and conditions governing resale of Product by third parties and transactions outside the United States. Terms and conditions for resale are located at: www.tru3d.com/policy/legal/termsofsale.htm.

11.  Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND TRU3D arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, TRU3D's advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.  

12.  Manufacturers Warranties. TRU3D does not support the manufacturer's warranty on any Product beyond one (1) year unless otherwise stated. For any manufacturer who offers a warranty on Products exceeding limited warranty and or one (1) year, it is the Buyer's responsibility to deal directly with the manufacturer for any repairs of the Product beyond the first year of warranty. Motherboard warranty will be provided as stated by TRU3D. . Manufacturer return policy may differ from TRU3D and should manufacturer have warranty or policy change, TRU3D Corp. will abide by their changes when it affects TRU3D first year warranty coverage.

13.  Warranties Void: TRU3D does not warrant any Products that have been subject to improper use, abuse or physical damage. Removal of any serial number or warranty labels will also void such warranty of Product. Accounts are required to be current when requesting return authorizations.

14.  Product Alterations: Any alterations, modifications, additions, improvements, installation, or attachments on the Products not authorized in writing by TRU3D shall solely be at the Buyer's own expense and risk. If operation of the Products is affected in any way by such unauthorized alterations, modifications, additions, improvements, attachments or installations, the warranty shall be deemed waived by the Buyer, and TRU3D shall have no further obligation to the Buyer.

15.  Inspection: The Buyer shall inspect goods at the time of delivery and shall notify TRU3D of any defect or discrepancies within three (3) day of receipt of goods. Failure to provide any such notice within such time shall be deemed an acceptance in full of any such delivery.

16.  Dead Pixel Warranties: Systems, Notebooks, and On-Site Warranty: cannot be returned for credit or stock rotation. All DOA or warranty authorization is provided after troubleshooting with TRU3D Technical Support prior to RMA being issued. System problem will be corrected or repaired, and are not replaced with different unit. Notebook troubleshooting, repair, and service are provided by manufacturer and customers will be referred to manufacturer direct for RMA service. On site warranty through on site service provider only. TRU3D Dead Pixel policy is based on Manufacturer dead pixel policy, and may vary based on manufacturer standards. During the LCD manufacturing process, it is not uncommon for one or more pixels to be fixed in an unchanging state. The visible result is a tiny fixed pixel that appears bright or dark. There is no one clear industry standard regarding an acceptable level of dead pixels. Each LCD screen manufacturer and each laptop maker have their own dead pixel standards. Most allow for up to 5 dead pixels and is replaced if it has 6 or more during the warranty period. Dead pixel is not considered a replaceable defect by manufacturers and TRU3D has the same policy as manufacturer pixel warranty. Dead pixel is not DOA new replacement or credit unless number exceeds manufacturer's acceptable level. TRU3D NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR CHANGE THIS WARRANTY, NOR TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY CONCERNING THE PRODUCTS.

17.  DOA: If a Product fails (i.e. does not properly function, hereinafter "DOA Product and is returned to TRU3D within thirty (30) days of the TRU3D invoice date, TRU3D will replace the DOA Product subject to (a) the Products availability and (b) the Customer obtaining a valid RMA number. Same day replacement for DOA received at RMA will call will be available. UPS/Fed Ex/ or Delivered items, a replacement usually ships within 72 hours after TRU3D receives the item.

18.  RMA DETAILS: In order to return Products to TRU3D, you must first obtain a RMA number from TRU3D. After 1 st year. Customers will be referred directly to certain manufacturers to process RMA's directly. Customers will be notified at the time of requesting RMA service, which manufacturers?offer direct service.A complete listing of manufacturers customer can go direct with is posted at www.TRU3D.com customer support. All other Repair items which are not manufacturer warranted directly with customers, must be received by TRU3D within 1 year of original invoice date. RMA numbers are only issued based on TRU3D branch location from which the Product was originally ordered. All unauthorized packages will be refused by TRU3D Receiving Department and will be returned to the customer unprocessed and at the customers expense. Do not add new items or Products to an issued RMA number, as any unauthorized item or Product will be refused or the entire shipment may be refused. a. PRODUCTS FOR REPAIR ONLY. Do not enclose the manuals, disks, or retail packing with the returned Product (except in the case of Monitors or products covered by TRU3D during credit or DOA period). The vendor does not repackage or supply these items on repair and TRU3D cannot return the same items. Only the item sent for repair will be returned. All extra items sent will be discarded by vendor and cannot be replaced. In the event a Product under warranty cannot be repaired or replaced, an alternative product of equal or greater performance will be provided. TRU3D may however, in its sole discretion, issue a credit on said product under warranty no greater than its current market value. Not all vendors have same policies so Repair turnaround times may vary 2-4 weeks. When manufacturer supports customers directly it greatly improves the turnaround time as customer may chose to go direct for repair/replacement without delays or additional processing time and vendor can return direct to them sooner. b. DOA Products: DOA Product replacement will be returned to the Customer as received by the Customer. (i.e. should the product be returned to TRU3D without cables, box, manual, etc., then TRU3D will only replace the same item received) 3. Customers may be referred directly to certain manufacturers to process RMA's directly in some case. Customers will be notified at the time of requesting RMA service. A complete listing of manufacturers customer can chose to go direct with is posted at www.TRU3Dpartner.com service.

20.  Headings.  The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

21.  Binding Arbitration.  ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND TRU3D, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "TRU3D") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), TRU3D's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between customer and TRU3D. NEITHER CUSTOMER NOR TRU3D SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. TRU3D will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.

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