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By placing an order with NEXT International, Inc., you (hereafter referred to as the 'customer’) agree to be bound by the Terms and Conditions listed here, in their entirety. The customer agrees that the following terms and conditions are the exclusive terms governing the sales transaction between the customer and NEXT International, Inc. Attempts to alter, supplement, modify or amend these terms and conditions by the customer will be considered a material alteration of this agreement and, therefore, are null and void. These terms and conditions are subject to change at any time, without prior written, verbal, or material notice. Please check these terms and conditions carefully each time you place an order with NEXT International, Inc.
General WARRANTIES
NEXT International, Inc. manufactures ‘custom computer systems’. Insofar as NEXT International, Inc. can ‘manufacture a ‘custom computer system’ from parts: NEXT International, Inc. is an OEM manufacturer of ‘custom computer systems’. Parts sold by NEXT International, Inc. are not manufactured by NEXT International, Inc. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). NEXT International, Inc. assigns and passes through to the Customer any manufacturer warranty, and the customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products after the NEXT International, Inc. warranty period for each product is expired. NEXT International, Inc. MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. NEXT International, Inc. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES NEXT International, Inc.'s MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. NEXT International, Inc. SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. NEXT International, Inc. SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT NEXT International, Inc. IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
GENERAL TERMS AND CONDITIONS; SALES TERMS AND CONDITIONS:
*There is a $20.00 drop-shipment fee on all Supermicro products shipped directly from California.
*Telephone calls to NEXT Support and Service (888-293-3889) are recorded without notice. Please use e-mail (service@neqx.com) if this bothers you or violates your state law and you do not wish to be recorded.
* All sales and prices are final at the date the orders are shipped or picked up.
*The warranty period starts on the date orders are shipped or picked up.
*NEXT International, Inc. is not responsible for errors in typography or photography.
*NEXT International, Inc. does not sell customer data.
Payment Terms; Orders:
An order is not binding upon NEXT International, Inc. until it is accepted; NEXT International, Inc. must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, wire transfer, or some other method prearranged with NEXT International, Inc. The customer agrees to pay the amount(s) due as specified on the invoice.
Shipping, Handling, and Insurance Charges:
The total cost for purchase of any product will include shipping, handling, and insurance charges shown on the NEXT International, Inc. invoice. Shipping, handling, and insurance charges will not be refunded under any circumstance.
Title; Risk of Loss and Delivery Terms:
NEXT International, Inc. will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken (customer agrees to be bound as well when pre-installed software is requested, i.e. operating systems and programs). NEXT International, Inc. will advise Customer of estimated shipping dates, but NEXT International, Inc. will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of War, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, bovine stampedes, lockouts, and freight embargoes. Shipments which a customer believes are 'less' an item must be brought to the attention of NEXT Service and Support immediately upon delivery (see Package Less an Item' below).
Delivery Signature Required:
All shipments are sent 'signature required' and must be signed for at point of delivery.
Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between NEXT International, Inc. and the customer shall be governed by the laws of the State of Texas, without regard to its conflicts of law rules. The validity, interpretation and performance of this agreement shall not be governed by the ‘United Nations Convention on the International Sale of Goods’. NEXT International, Inc. and the customer consents to the exclusive jurisdiction and the venue of the State Courts of the State of Texas, Dallas County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against NEXT International, Inc. that is more than one year after the date of the applicable invoice.
Severability:
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Texas law.
Waiver:
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement:
These terms and conditions, together with the NEXT International, Inc. invoice, respecting the products ordered by Customer, are the complete and exclusive agreement between NEXT International, Inc. and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between NEXT International, Inc. and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
The following sections of this agreement detail:
*Special Terms
*Specific System(s) Warranty
*Specific Part(s) Warranty
*NEXT Superior Warranty
*Shipments Less an Item
SPECIAL TERMS:
Express Replacement always depends on availability. Extra warranty years are the same as the initial warranty period. A 1 year warranty system with an extra year warranty added is not a 2 or 3 year superior warranty. It will be treated as if it were a standard warranty item during the second year. Warranty replacement always depends on availability for extended warranty items.
Customer error exchanges incur a restocking fee of at least 10% and can be as high as 20% of the original purchase price for some products.
SPECIFIC SYSTEM(s) WARRANTY:
Basic Systems:
BASIC SYSTEMS possess the NEXT 1-Year ‘PARTS WARRANTY’ only.
Custom Systems:
A ‘CUSTOM-CONFIGURED SYSTEM(S)’ warranty information may vary.
‘CUSTOM-CONFIGURED SYSTEM(S)’ possess the minimum NEXT 1-Year ‘PARTS WARRANTY’.
Complete NEXT Systems:
All complete advertised systems carry the NEXT Superior Warranty. To check if your custom system is eligible for 3- year superior warranty, please check the copy of your invoice or call our sales department at 800-730-6398.
NOTES:
Special Note 1: All complete systems, no matter their NEXT warranty period (1 or 3 years), carry the NEXT thirty (30) day money back guarantee (see the refund section under NEXT Superior Warranty for details).
Special Note 2: NEXT International bears no responsibility for the replacement of software cd-keys.
Special Note 3: Windows branded software that requires registration (i.e. Windows XP Home and Professional, as well as Office XP Suites and Publisher) is not eligible for refund at any time after it is shipped to the customer or picked-up.
Special Note 4: Items returned for refund that are damaged (not talking about shipping damage here) are not eligible for refund and will be returned to the customer as is.
Special Note 5: International Customers are not eligible for cross-shipment of memory or processors.
SPECIFIC PART(s) WARRANTY:
NEXT International, Inc. provides 30-day limited warranty for parts, labor and tech-support unless noted otherwise on the invoice. After this thirty day period the customer should contact the manufacturer for warranty service.
Repair:
Parts orders are eligible for warranty repair up to 30 days after purchase. The 30-day period starts the day parts are shipped or picked-up from NEXT International, Inc.
Refund:
Customers have a fifteen (15) day money back guarantee period with the following restrictions: Non-Defective merchandise is subject to a 15% restocking fee. Damaged merchandise shall NOT be considered for refund. Period starts from shipping date on NEXT International, Inc.’s invoice. Parts with all accessories, manuals, cables etc. in a resalable condition returned to NEXT International, Inc., within the fifteen (15) day refund period, are eligible for a full refund (minus shipping, handling and insurance charges) IF said items are determined to be defective by NEXT International, Inc. If the product is determined to be functional (non-defective) by Next International customers are eligible to return the part with 15% restocking-fee or full store credit applied to their NEXT International, Inc. account for 6 months. All refund amounts are based on current market value of the product or the amount shown on invoice whichever is less at the time RMA # is issued. Refunds will not be considered for separate software, monitor or processor/CPU orders (RETAIL or OEM, if the part is purchased by itself, or only with others of its type, no refund is available). Windows branded software that requires registration (i.e. Windows XP Home and Professional, as well as Office XP Suites and Publisher) is not eligible for refund, at any time, after it is shipped to the customer or picked-up. No refunds on special-order items.
Exchange:
Customers have a fifteen (15) day exchange period. Whether the parts are defective or not, customers can return them for exchange with another brand or model (Customer Exchange does not apply to any special order items). All exchange amounts are based on current market value of the product or the amount shown on invoice whichever is less at the time RMA # is issued. No exchanges on separate software, monitor or processor/CPU orders (RETAIL or OEM, if the part is purchased by itself, or only with others of its type, no exchange is available). Original Order shipping costs will not be refunded. Customer must pre-pay shipping fees for the returned item and any shipping costs involved in getting the exchange-item to them. No other fees apply. Windows branded software that requires registration (i.e. Windows XP Home and Professional, as well as Office XP Suites and Publisher) is not eligible for refund, at any time, after it is shipped to the customer or picked-up. All dates start from the date of original purchase, with no exceptions, with regards to exchanging an item received in an earlier exchange.
Replacement:
Parts with a 30-day warranty (excludes OEM CPUs and other items specifically mentioned on customer invoice with less than a 30-day warranty) are eligible for replacement (within the warranty period), if they are determined to be defective by NEXT International, Inc. Replacement of items is always subject to availability of parts to NEXT International, Inc. Replacement covers only exactly the same parts. Replacement is not automatically a cross-shipment. Normal replacement requires the customer to send the ‘defective’ part back to NEXT before a replacement, subject to availability, is shipped to the customer. NEXT International, Inc. bears no responsibility for the replacement of software cd-keys. NEXT Internationa l, Inc. bears no responsibility for the replacement of parts on any set schedule.
Express Cross-Shipment:
Any and all Cross-Shipments are at the sole discretion of NEXT International, Inc. In the event a part is defective and requires replacement, express cross-shipment is available within fifteen (15) days of the original NEXT International, Inc. invoice shipping date. Express Cross-Shipment means a replacement part will be shipped to the customer (at NEXT’s expense via ground delivery; cost difference for faster delivery will be at the customer’s expense). Once the part is received customer will ship the defective part back to NEXT (at customer’s own expense, pre-paid and insured) such that it will arrive at NEXT’s location within fifteen (15) days of the issuance of the Cross-Shipment RMA. Monitors, UPS (Uninterruptible Power Supplies), and Computer Cases are not eligible for cross-shipment.
OEM CPUs:
OEM CPUs have 30 days warranty. Customers are responsible for indicating their desire for RETAIL and/or OEM CPUs at all times. If a Retail CPU is desired, please indicate that on the notes section of your on-line order or contact the sales staff by phone and let them know.
Compatibility:
Next International, Inc. does not guarantee any compatibility with hardware or software that is not purchased from Next. Under certain conditions NEXT does not guarantee compatibility with items purchased from NEXT: 1) known incompatibilities between products that are listed on the technical support pages of an item's manufacturer, manufacturer's specifications pages, or widely known incompatiblities, 2) Products purchased from NEXT without consultation of NEXT sales staff where the compatibility of an item is known to be questionable by said Staff.
Damaged Shipment(s):
The customer, upon receipt of a package/product that is ‘damaged’, must contact the shipping company (be it UPS, FedEx, et cetera) to ask for an inspection of the ‘damaged’ merchandise. The package/product will then be inspected. If it is concluded that the package is damaged during shipping, will be determined by the shipping company, it will be picked up by the shipping company (be it UPS, FedEx, et cetera). Once the package/product arrives at NEXT International, Inc. a replacement package/product will be shipped to the customer (subject to availability). NEXT International, Inc., will not provide immediate replacement or repair for ‘shipping damaged’ package/product till the shipping company resolves the issue. It is not possible to receive a cross-shipment of an item that is damaged during shipping. This is an exception to the express cross-shipment policy. NEXT defines the term ‘Shipping Company’ as the company that was used to ship the package to your location.
NEXT SUPERIOR WARRANTY
If a complete system is covered by NEXT International, Inc.’s NEXT SUPERIOR WARRANTY, NEXT International, Inc. provides a 3-year limited warranty for parts, labor and tech-support unless noted otherwise on the invoice. To check if your custom system is eligible for 3- year superior warranty, please check the copy of your invoice or call our sales department at 800-730-6398.
Repair:
Parts orders are eligible for repair up to three (3) years after purchase. Period starts the day parts are shipped or picked-up from NEXT International, Inc.
Refund:
Systems with a NEXT International, Inc. Superior Warranty have a thirty (30) day money back guarantee period with the following restrictions: Non-Defective merchandise is subject to a 15% restocking fee. Damaged merchandise shall NOT be considered for refund. Period starts from shipping date on NEXT International, Inc.’s invoice. Parts with all accessories, manuals, cables etc. in a resalable condition returned to NEXT International, Inc., within the fifteen (30) day refund period, are eligible for a full refund (minus shipping, handling and insurance charges) IF said items are determined to be defective by NEXT International, Inc. If the product is determined to be functional (non-defective) by Next International customers are eligible to return the part with 15% restocking-fee or full store credit applied to their NEXT International, Inc. account for 6 months. All refund amounts are based on current market value of the product or the amount shown on invoice whichever is less at the time RMA # is issued. No refunds on separate software, monitor or processor/CPU orders (RETAIL or OEM, if the part is purchased by itself, or only with others of its type, no refund is available). Windows branded software that requires registration (i.e. Windows XP Home and Professional, as well as Office XP Suites and Publisher) is not eligible for refund, at any time, after it is shipped to the customer or picked-up. No refunds on special-order items.
Exchange:
Customers have a thirty (30) day exchange period. Whether the parts are defective or not, customers can return them for exchange with another brand or model (Customer Exchange does not apply to any special order items). All exchange amounts are based on current market value of the product or the amount shown on invoice whichever is less at the time RMA # is issued. No exchanges on separate software, monitor or processor/CPU orders (RETAIL or OEM, if the part is purchased by itself, or only with others of its type, no exchange is available). Original Order shipping costs will not be refunded. Customer must pre-pay shipping fees for the returned item and any shipping costs involved in getting the exchange-item to them. No other fees apply. Windows branded software that requires registration (i.e. Windows XP Home and Professional, as well as Office XP Suites and Publisher) is not eligible for refund at any time after it is shipped to the customer or picked-up. All dates start from the date of original purchase, with no exceptions, with regards to exchanging an item received in an earlier exchange.
Replacement:
Parts with a three-year warranty (excludes OEM CPUs and other items specifically mentioned on customer invoice with less than a three-year warranty) are eligible for replacement (within their warranty period), if they are determined to be defective by NEXT International, Inc. Replacement of items is always subject to availability of parts to NEXT International, Inc. Replacement covers only exactly the same parts. Replacement is not automatically a cross-shipment. Normal replacement requires the customer to send the ‘defective’ part back to NEXT before a replacement, subject to availability, is shipped to the customer. NEXT International, Inc. bears no responsibility for the replacement of software cd-keys.
Express Cross-Shipment:
Any and all Cross-Shipments are at the sole discretion of NEXT International, Inc. In the event a part is defective and requires replacement, express cross-shipment is available within thirty (30) days of the original NEXT International, Inc. invoice shipping date. Express Cross-Shipment means a replacement part will be shipped to you (at NEXT’s expense via ground delivery; cost difference for faster delivery will be at the customer’s expense). Once the part is received you will ship the defective part back to NEXT (at your own expense: pre-paid and insured) such that it will arrive at NEXT’s location within fifteen (15) days of the issuance of the Cross-Shipment RMA. After thirty (30) days (thirty (30) days from the invoice’s shipping date) any cross-shipment is subject to a non-refundable $30.00 fee. Monitors, UPS (Uninterruptible Power Supplies), and Computer Cases are not eligible for cross-shipment.
OEM CPUs:
OEM CPUs have 30 days warranty. Customers are responsible for indicating their desire for RETAIL and/or OEM CPUs at all times.
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