General Terms & Conditions
I. LIMITED WARRANTY
For a period of 60 days from the date of delivery CUSTOMWARE, INC. provides a Warranty for all non-consumable items purchased. In the event of a defect CUSTOMWARE, INC. will repair or replace, if necessary, any non-consumable part or item purchased at no cost to the CLIENT. This warranty shall not apply to consumable items and supplies.
This is the only warranty made by CUSTOMWARE, INC. CUSTOMWARE, INC. expressly EXCLUDES ALL OTHER WARRANTIES, expressed or implied, including warranties of merchantability and fitness for a particular purpose.
II. LIMITATION OF LIABILITY
CUSTOMWARE, INC. shall have NO LIABILITY or responsibility to CLIENT or any other person or entity with respect to any liability, loss or damage caused or alleged to be caused directly or indirectly by computer equipment or programs sold, leased, licensed, repaired or furnished by CUSTOMWARE, INC. including, but not limited to, any interruption of service, loss of business or anticipatory profits or consequential damages resulting from the use or operation of the equipment of licensed software. In no event shall CUSTOMWARE, INC. be liable for loss of profits, or any direct, special, consequential or incidental damages arising out of any breach of this agreement or in any manner arising out of or connected with the sale, lease, use or anticipated use of the equipment or software. CUSTOMWARE, INC. is not responsible for any loss of data due to electrical power problems. It is not the responsibility of CUSTOMWARE, INC. to ensure that CLIENT maintains good copies of data or program files, should any data loss occur to CLIENT’S working disks.
III. MODIFICATIONS AND ASSIGNMENTS
There shall be no modification, change or assignment of this Agreement without the prior written consent of CUSTOMWARE, INC.
IV. ATTORNEY’S FEES & COSTS
In the event CUSTOMWARE, INC. brings an action to enforce the terms of this agreement, including any action to collect any sums due under this agreement, or refers such matter to an attorney for collection or handling, CLIENT shall be obligated to pay CUSTOMWARE, INC.’S reasonable attorney’s fees and costs. The CLIENT agrees that all proceedings will reside in the Franklin County, Kentucky courts system.
V. SERVICE FEES
A finance charge will be assessed on all accounts over 30 days past due at the rate of 2% per month, minimum of $1.00.
Shipping & Returns
- Our goal is to ship all orders within three business days from the date an order is place and payment is received. In the event we cannot fulfill an order in that time frame you will be notified by our staff via email or via telephone.
- If in store pick up is chosen as a shipping method you will be contacted when your order is available for pick up.
- Some or our product are drop shipped directly from our distributors. If you order is supplied via a drop shipment order, we will place the order for fulfillment by the close of the business day following the day an order is placed and payment is received.
- If a product is supplied directly from a distributor the distributor may select a shipping method different from the shipping method selected during customer checkout. The customer will only be charged the shipping rate selected during checkout.
- Returns will be processed via an RMA process. You can phone our office at (502)223-1136 and request an RMA number and shipping address.
- All returned products must have an RMA number and the packaging labeled with the RMA number.
- All returned products must be returned and received at the Customware, Inc. office no later that seven business days from the date of the receipt of the product.
- All returned products that are non-warranty issues will be subject to a 15% restocking fee.
- Original shipping costs are non-refundable.
- Customer is responsible for all return shipping costs.
- If product is returned for replacement due to a warranty issue Customware, Inc. will provide and pay return shipping costs to the client.