On Queue Computer

For sales or technical support call us at 978-499-0049 or toll free at 877-667-8383

ON QUEUE COMPUTER - Terms and Conditions

Policies

All products are available "while supplies last".

Compatibility is not guaranteed.

Your credit card is charged when your order is processed.

Visa, Mastercard, and American Express are accepted.

Sales tax will be charged to Massachusetts residents.

Item availability and prices subject to change without notice.

Sales promotions and special upgrade offers are subject to change without notice.

Manufacturer's warranties in effect at the time of purchase apply.

Returns

On Queue Computer wants you to be satisfied with your purchase. If for some reason you are not happy with your purchase and would like to return the purchased merchandise we have the following policies in place to facilitate its return.

Return shipments must be prepaid; we do not accept COD shipments.

All End User products carry a 1 year house DOA warranty.

All Reseller/Broker products carry a 30 day house DOA warranty.

No RMA will be issued after 365 days from the invoice date or end user orders.

All returns must be accompanied by an RMA number issued by an authorized representative

of On Queue Computer, (usually the Account Executive from whom you purchased the product).

All non-defective returns accepted for a credit only.

All products need to be returned in their original packaging

All defective products are first handled through the manufacturer. Call us for assistance in obtaining relevant phone numbers.

All defective returns handled on a return/repair basis only.

Due to the nature of the product, all remanufactured equipment is subject to a 75% restocking fee. All other non-defective returns are subject to a 25% restocking fee within 5 days of receipt of purchase order/credit card order/wire transfer. After 5 days the restocking charge is 75%.

Counterfeit Equipment

On Queue Computer will not accept counterfeit equipment from our suppliers.

All counterfeit items will be returned to the vendor for full refund.

Counterfeit electronic components are electronic parts that are misrepresented as to their origins or quality. Counterfeiting of electronic components can be an infringement of the legitimate producer's trademark rights. Since counterfeit parts often have inferior specifications and quality, they may represent a hazard if incorporated into critical systems such as aircraft navigation, life support, military equipment, or space vehicles.

The marketing of electronic components has been commoditized, making it easier for the counterfeiter to introduce substandard and counterfeit devices into the supply chain.

The Fine Print

Terms and Conditions of Sale

1. ACCEPTANCE. These terms and conditions control the sale of goods by On Queue Computer, inc. ("Seller") to the individual and/or entity reflected on the invoice ("Buyer"). Please read them carefully. Buyer's placement of an order with Seller indicates Buyer's acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included With any purchase order or other documentation provided by Buyer to Seller, whether or not such terms or conditions are signed by Seller. Seller's acceptance of Buyer's offer to purchase the goods specified herein is expressly conditioned upon Buyer's assent to all the terms and conditions contained herein. These terms and conditions may be changed without notice at any time before Seller accepts Buyer's order at Seller's sole discretion. Seller expressly rejects all terms and conditions set forth on Buyer's purchase order or other documentation which are contrary to, or in addition to, or which in any way modify any of the terms and conditions contained herein. Buyer agrees to accept the goods specified herein pursuant to these terms and conditions. Buyer further agrees, with respect to the goods specified herein, to accept responsibility for (i) its selection of goods to achieve Buyer's desired intended results, (ii) the use and compatibility of the goods, and (iii) the results obtained therefrom.

2. PAYMENT CREDIT AND INTEREST. Seller accepts all major credit cards, money orders, cashier's checks, personal checks and company checks in U.S. Dollars only. If Seller believes, in its sole discretion, that Buyer's ability to make any payment(s) called for by these terms and conditions may be impaired, Seller may, in its sole discretion, and in addition to any other rights Seller may have, require payment in advance of shipment or delivery of any or all of the goods ordered with Seller or otherwise change the terms of Buyer's credit, or delay the shipment of said goods (whether or not in transit), or cancel Buyer's order for all or any of the then remaining balance of goods covered by these terms and conditions, without Seller incurring any liability for loss or damage of any kind by reason of such change, delay or cancellation and with Buyer remaining liable to pay for goods already shipped. Interest on overdue payments shall be payable at the rate of the lower of: (i) the maximum rate permitted by applicable law, and (ii) two percent (2%) per month. In the event that legal action is taken by Seller under these terms and conditions, Buyer shall be liable for Seller's reasonable attorney's fees, plus costs of such action as permitted by applicable law.

3. SHIPMENT. Buyer is responsible for paying all shipping and handling charges associated with the order. Delivery of all goods covered by these terms and conditions shall be F.O.B. Seller's United States warehouse. Seller shall in no event be liable for any direct, indirect, special, incidental, consequential or any other damages suffered by Buyer due to a delay in shipping. Seller reserves the right, in its sole discretion, to select the means of shipment, point of shipment and routing. Unless otherwise agreed to in writing by Seller and Buyer, delivery shall be complete upon the transfer of possession to the common carrier, F.O.B. Seller's warehouse, whereupon all risk of loss, damage or destruction to the goods shall pass to Buyer.

4. PRICE AND TAXES. Unless otherwise stated, all prices quoted by Seller are based on U.S. dollars, excluding shipping and handing and taxes but including domestic packaging, F.O.B. Seller's warehouse, and are effective for the date of quotation only. All taxes, duties or assessments of any kind applicable to the goods ordered with Seller shall be added to the purchase price and shall be paid by Buyer, except to the extent that Buyer shall have provided Seller with a tax exemption certificate acceptable to all relevant taxing authorities.

5. TITLE. Unless otherwise agreed to in writing, title to the goods shall remain with Seller until all payments for goods ordered with Seller have been made to Seller.

6. ACCEPTANCE OF GOODS. All goods sold by Seller shall be deemed acceptable by Buyer unless, within ten (10) calendar days from the delivery of the goods, Buyer notifies Seller, in writing, that such goods are damaged, defective or cannot be made operational at the time of delivery. In the event Seller determines, in its sole discretion, that the goods sold to Buyer are damaged, defective or could not be made operational at the time of delivery, Seller shall credit Buyer's account for the entire purchase price, upon return of such goods to the Seller pursuant to these Terms and Conditions.

7. WARRANTIES. In the case of all goods sold hereunder, the only applicable warranties will be provided by the manufacturers of the goods specified herein. Seller shall assign to Buyer any warranty delivered to it by the manufacturer of such product and such warranty shall expressly be in lieu of any other warranty by Seller. APART FROM THE MANUFACTURER'S WARRANTY, IF ANY, THE GOODS SOLD HEREUNDER ARE PROVIDED "AS IS" WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

8. RETURNS. In order to return any goods to Seller, Buyer must obtain a Return Merchandise Authorization (RMA) number. RMA numbers will be issued only up to fifteen (15) calendar days from the invoice date. The RMA number is valid for ten (10) calendar days. Goods received by Seller with an expired RMA number will be refused and returned to Buyer. NO returns of any type will be accepted without an RMA number. Seller reserves the right to refuse any return which is not 100% complete, in resaleable condition (packaging has not been damaged or defaced), and includes original packing material, manuals, blank warranty cards and other accessories provided by the manufacturer. Goods accepted for credit or exchange upon return will be subject to a 20% restocking fee. Buyer is solely responsible for paying all return freight expenses. THIS RETURN POLICY IS NOT A WARRANTY. SELLER MAY CHANGE OR CANCEL IT AT ANY TIME.

9. FORCE MAJEURE. Seller will make every effort to complete shipment of the goods described herein, but in no event shall Seller be liable for any loss or damage, for any delay in delivery due to causes beyond its reasonable control, including, but not limited to, fire, acts of God, public enemy, or acts of governmental bodies or agencies.

10. ERRORS AND OMISSIONS. While Seller tries very hard to ensure the accuracy of its information, Seller is not responsible for vendor availability, typographical errors, technical inaccuracies, product pricing errors or omissions. Seller has the right to cancel any orders placed for any product listed at an incorrect price or shown with incorrect information, whether due to typographical error or otherwise and whether or not Buyer's order was accepted or Buyer's credit card was charged. Upon any such cancellation, if Buyer's credit card has already been charged for the purchase, Seller will promptly issue a full credit to Buyer's account.

11. LIMITATION OF LIABILITY. Sellers's maximum liability to Buyer for goods purchased from Seller shall be limited to the purchase price paid for the goods. Seller will not be liable for any property damage, personal injury, loss of use, interruption of business, loss or profits, or other consequential, indirect, incidental, punitive or special damages, however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.

12. YEAR 2000 DISCLAIMER. Seller makes no representations or warranties, either express or implied, of any kind with respect to the Year 2000 compatability of goods sold by Seller. Seller expressly disclaims all warranties, express or implied, of any kind with respect to the goods sold by Seller, including but not limited to, merchantability and fitness for a particular purpose. In no event shall Seller, its directors, officers, employees or representatives be liable for special, indirect consequential, or punitive damages relating to the Year 2000 compatability of the goods sold under these terms and conditions.

13. CHOICE OF LAW. The entire transaction contemplated hereunder shall be governed by, construed, and enforced in accordance with the laws of the State of Massachusetts without regard to its conflict-of-laws rules.

14. JURISDICTION AND VENUE. Seller and Buyer designate and accept Essex County, Massachusetts to be the proper jurisdiction and venue for any suit or action arising out of this transaction Buyer and Seller each consent to personal jurisdiction in such venue for a proceeding and agree that it may be served with process in any action with respect to this transaction by certified or registered mail, return receipt requested, or to its registered agent for service of process in Massachusetts.

15. COMPLIANCY.On Queue Computer is a reseller of goods manufactured from companies such as HP, Compaq, IBM, Dell, Sun Etc. On Queue Computer is not responsible for any government or private ratings that imply compliance of performance or compatability to but not limited to TUV CSA UL ROHS approvals and therefore can not be responsible for any litigation resulting from non compliance or conformance of any products that do not meet the criteria of a specific rating or conformance.

16. ENTIRETY. All of the terms and conditions with respect to the purchase and sale of the goods sold hereunder are specified herein and there are no representations, warranties, expressly or implied, affecting this instrument not expressly set forth herein.

17. NO MODIFICATION. These terms and conditions may not be modified, altered or amended without the written consent of Seller and Buyer.

18. SEVERABILITY. The terms and conditions stated herein are declared to be severable. If any provision of these terms and conditions is held to be illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

19. HEADINGS. Headings used in these terms and conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these terms and conditions.

20. ASSIGNMENT. These terms and conditions are not assignable by Buyer without Seller's prior written consent.

21. EXPORT ADMINISTRATION ACT. Buyer agrees that it will not participate in the transfer by any means of commodity or technical data acquired from Seller (i) in violation of the Export Administration Act ("Act") or any regulation, order or license issued under the Act, or (ii) with the knowledge or with reason to know that a violation of the Act, a regulation, an order or a license has occurred, is about to occur, or is intended to occur with respect to any such commodity or technical data.