These Terms of Sale represent the complete and final agreement between the Customer and SMH Electronics Co., Inc. for the matters set forth herein, and will be supplemented only by the prices, quantity, and descriptions set forth in SMH Electronics Co., Inc.'s invoice for the relevant sale. Terms contained in Customers' purchase orders, offers to buy, terms and conditions, and the like will have no effect.
1. These Terms and Conditions of Sale and any transactions made under them will be interpreted by and be subject to the laws of the State of Massachusetts.
2. In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section will be stricken from the Terms of Sale, and the remaining terms will continue in full force and effect.
3. SMH Electronics Co., Inc. will not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, terrorism, riot, seizure, and/or embargo.
4. These Terms and Conditions of Sale may be modified from time to time by SMH Electronics Co., Inc. without notice, and are current as of the date of the then current Web site(s) or within other published documents.
Buyer shall bear all applicable federal, state, municipal, and other government taxes such as sales and use (etc) as well as import or custom duties, license fees and similar charges. Such taxes and fees are not refundable. Tax exemption certificates must be presented prior to sale if they are to be honored.
If your shipment is believed to be lost or short items for which you were invoiced, contact SMH Electronics Co., Inc.’s Customer Service Department at (508) 291-7447 from 8:30 a.m. to 5:00 p.m. EST. You have up to 5 days from invoice date to report shipping discrepancies. An investigation will be undertaken by SMH Electronics Co., Inc. on your behalf.
If a shipping carton received in the continental U.S. shows damage refuse the shipment. The shipping carrier assumes responsibility. If, after opening a package that does not show any signs of external damage, concealed damage is uncovered, contact SMH Electronics Co., Inc.’s customer support. You have up to 5 days from invoice date to report concealed damage. We cannot issue Return Merchandise Authorization (RMA) numbers for damaged products, but we will be happy to accept a new order from you while your damage claim is being processed with the carrier.
Dead on arrival (DOA) products are returnable for credit within 30 days of invoice date with the following exceptions - custom configured Acer systems, all Proteon systems, all Motion products, all custom built (white box) systems and special order items do not have return for credit privileges - only returnable for warranty repair or warranty replacement at SMH Electronics Co., Inc.’s discretion. Credit memos will be issued for the cost of the product in the amount of your most recent purchase or the current price on the day we receive it back (whichever is lower). If the returned product is determined to be free from defects, or is missing any parts when returned, SMH Electronics Co., Inc. reserves the right to either pass along any charges initiated by the manufacturer or return the unit back to you.
All promotions are subject to availability and inventory. SMH Electronics Co., Inc. reserves the right to change, alter, or cancel promotions at any time without advanced notice.
Shipping terms are: F.O.B. Wareham, MA unless otherwise noted. SMH Electronics Co., Inc. will arrange payment for shipping with the carrier, but such costs are the responsibility of the Customer unless otherwise noted at the time of sale or repair. Risk of loss is upon Customer once SMH Electronics Co., Inc. delivers the Product to the carrier. Delivery times are estimates only and SMH Electronics Co., Inc. will not be liable for delays.
Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
Unless otherwise specified, payment terms are for new equipment or software is Prepayment. Payment terms for labor and parts on repairs are prepayment for diagnostic fees and COD for all others, unless otherwise specified. All unpaid invoices shall bear interest at $25.00 per month (or the maximum rate of interest allowed by law), commencing upon the date payment is due. Buyer's failure to make timely payment may result in such action as commencement of proceedings for collection, revocation of credit, stoppage of shipment, delay or cessation of future deliveries, repossession of unpaid delivered goods and termination of any one or more sales agreements. SMH Electronics Co., Inc. shall have no continuing obligation to deliver Products or labor on credit, and any credit approval may be withdrawn by SMH at any time and without prior notice. SMH retains (and Buyer grants to SMH by purchasing product) a security interest in the Products to secure payment in full and compliance with all sales agreements, and Buyer agrees to execute any additional documents necessary to perfect such security interest. In the event the sales invoice shall be placed by SMH in the hands of an attorney for the purpose of collection, with or without litigation, or for the purpose of enforcing SMH's security interest in the Products, the Buyer agrees to pay any and all costs associated with such placement, including, without limitation, attorney's fees and costs incurred prior to, during, or subsequent to trial, and including, without limitation, collection, bankruptcy, or other creditor's rights proceedings.
IN NO EVENT WILL SMH ELECTRONICS CO., INC. BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER'S OR PUBLISHER'S WARRANTY. IN NO EVENT WILL SMH ELECTRONICS CO., INC'S LIABILITY EXCEEDS THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM SMH ELECTRONICS CO., INC. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
At SMH Electronics Co., Inc. it is our mission to develop a mutually beneficial partnership with you and your business. We constantly strive to provide you with superior products, service, and support. SMH Electronics’ team of sales and support professionals are 100% committed to providing you with the tools you need to accomplish strategic business goals and meet your needs. We look forward to doing business with you!