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Terms & Conditions

Terms & Conditions

TERMS AND CONDITIONS

All sales by DecTrader, conditioned on and made subject to the terms and conditions contained in this agreement and no other terms or conditions contained in any documents of buyer shall limit, alter or qualify the terms and conditions contained herein unless otherwise provided for in writing and signed by an authorized representative of DecTrader. This agreement, the return merchandise policy of DecTrader the credit application and the invoice, if applicable, and any other document approved in writing by DecTrader constitute the entire agreement between DecTrader and buyer. Acceptance by buyer of any part of the merchandise described below shall constitute acceptance of all the terms and conditions described herein, regardless of any contrary terms or conditions contained in any of buyer's documents.

1. PAYMENT TERMS : All merchandise shall remain the sole property of DecTrader until said merchandise is paid in full. DecTrader reserves the right to collect all merchandise, at the Buyer's cost, if said merchandise is not paid in full per the Terms and Conditions of this contract. In addition to the payment terms listed on each invoice, the following shall apply to the payment of all invoices. Unless otherwise provided herein, all payments must be made in good funds. If payments are made by personal or company check, the date of payment shall be deemed to be the date that DecTrader financial institution declares the check to be of good and sufficient funds. There shall be a $25.00 handling fee for all returned checks. DecTrader reserves the right, in its sole discretion, to require that all or a portion of the purchase price relating thereto be prepaid to DecTrader in good funds prior to any shipments. Unless DecTrader is responsible for the payment of the transportation of the merchandise to Buyer, DecTrader shall not be responsible for providing Buyer with proof of delivery of said merchandise. Notwithstanding any provision to the contrary contained in this invoice, absence of proof of delivery shall not affect or delay the payment terms herein and Buyer must comply with same.

2. Quotes/Pricing : Prices quoted are not binding and do not constitute a contract between DecTrader and Buyer.The merchandise is sold at the price in effect on the date of order, and Purchaser agrees to pay said price for the merchandise. All prices quoted are exclusive of duties, taxes or charges, which may be imposed against the merchandise by any governmental entity, for which Purchaser is solely responsible. Shipping costs are an estimate only. For heavier items we reserve the right to re-quote the actual shipping charge after receipt of order. We reserve the right to cancel orders if shipping charges are deemed to be understated as the information provided online is an approximate estimate and we rely on manufacturer or other supplier specifications. As a result weight/dimensions of the actual part may be larger than estimated and therefore we cannot guarantee the published shipping cost. The client has the right to either authorize the updated shipping charges provided or cancel their order.

3. PURCHASE ORDERS : DecTrader shall attempt to comply with any requirements for the receipt of purchase orders prior to the shipment of merchandise.


4. RISK OF LOSS : Subject DecTrader's right of stoppage in transit, delivery of merchandise to a carrier shall constitute delivery to Buyer, and risk of loss thereon shall pass to Buyer. DecTrader is not responsible for any damages to the merchandise caused during the shipment thereof although will assist in any possible way to prepare and submit shipment transit insurance claim should such situation occur.

5. SHIPMENTS : DecTrader reserves the right to make partial deliveries of any merchandise. Should delivery of all or any part of any merchandise ordered by Buyer be delayed by any Force Majeure Event (as hereinafter defined), DecTrader time for performance shall be extended by the period of delay or DecTrader may, at its option, cancel any obligation for any amounts of merchandise not yet shipped, Buyer remaining liable to ship after receipt of an order and its production schedules. DecTrader shall in no event be liable for any damages incurred by Buyer as a result of deliveries sent after an estimated delivery date. Unless otherwise specified by DecTrader., Buyer is responsible for any and all freight fees incurred by Buyer's selection of any freight method. The advertised shipping time is the estimated time and DecTrader will not provide refunds of shipping costs if the product arrives after the advertised estimated shipping time. DecTrader reserves the right to change the carrier used to send shipments and we aim to have the item delivered within the estimated time. If there is a problem with certain carriers that requires you to use a specific carrier then please let us know at the time of placing the order.

6. LIMITATIONS OF WARRANTIES AND DAMAGES : All items carry a 90-day warranty from date of shipment from our site (depot warranty). In addition new items carry the standard manufacturers warranty which may have already have expired unless specifically indicated. Warranty does not cover user-installed parts nor mishandling or misuse of products. Except those expressly made in writing, executed by an authorized representative of DecTrader , DecTrader makes no warranties, either expressed or implied, to any matters whatsoever, including without limitation, the design or condition of the merchandise, its merchantability or its fitness for any particular purpose or the quality of the material or workmanship of the merchandise. DecTrader has made no affirmation of fact or promise relating to the merchandise that has become any basis of the bargain or that has created or amounted to any express warranty that the merchandise would conform to any such affirmation or promise. Any description of the merchandise given to buyer is for the sole purpose of identifying the merchandise, and has not been made part of the bargain or created a warranty that the merchandise would conform to any such description. No representative of DecTrader is authorized to waive or alter any terms or conditions contained herein, except in writing.

7. FORCE MAJEURE : DecTrader shall not be liable for any loss or damage caused by factors beyond its ability to control, including without limitation, changes in government regulations, acts of God, Buyers acts or admissions, fires, strikes, floods, quarantines, wars, insurrections or riots, acts of civil or military authorities, transportation embargoes, shortages, wrecks, severe weather, and delays in the delivery of components or materials by DecTrader suppliers ('Force Majeure Events").

8. CANCELLATION : After DecTrader 's acceptance of said order, Buyer cannot cancel said order without the written consent of DecTrader.


9. SELLER'S REMEDIES: Upon Buyer default under any agreement with DecTrader, including without limitation default in the payment of any amount due to DecTrader, DecTrader. shall be entitled to exercise any and all remedies available to it, either at law or in equity, including but not limited to those remedies provided in article 2 of the UNIFORM COMMERCIAL CODE (as enacted in the State of California). If, in DecTrader 's judgment, reasonable doubt exists as to Buyer's financial responsibility, or if Buyer is past due in the payment of any amount owing to DecTrader, DecTrader reserves the right, without liability and without prejudice to any other remedies, to suspend performance, decline to ship, or stop any material in transit until DecTrader receives payment of all amounts, whether or not due or owing to DecTrader, or receives adequate assurance of such payment.

10. BUYER'S REMEDIES: The exclusive remedy of Buyer for breach of contract as to any goods, and DecTrader 's only liability for any breach shall be that which is provided in and conditioned by DecTrader Return Merchandise Policy. By way of illustration and not limitation, DecTrader shall under no circumstances be liable for incidental or consequential damages.

11. DECTRADER RETURN MERCHANDISE POLICY: Purchaser is to obtain a Return Material Authorization (RMA) before returning goods by contacting us. All unauthorized returns will not be honored. Damaged, incorrect or missing parts or accessories must be reported within 7 business days of receipt of product.

If you ordered the wrong product or no longer require the product then they can be returned within 15 days with a 30% restocking fee. Shipping and handling charges for returning items shipped by a seller are borne by the buyer. Shipping fees and return shipping costs for items being exchanged or replaced as part of our warranty are paid for by DecTrader. Should a replacement for a defective item not be available, a credit/refund or substituted item will be offered.

If items are damaged in shipping then contact us and we will place a claim with the shipping company. Shipping claims will require the packaging to be inspected by the shipping company so do not discard any packaging material until the shipping company has inspected them.
 

Items That Can’t Be Returned

Before you request for return of your item to DEC Trader, make sure that your item can be returned.

DEC Trader doesn't accept returns of the following items:

  • Computer laptops, desktops, computer spare parts, computer add-on options (hard disks, memories, boards), computer peripherals (printers, scanners, monitors, etc.), consumer electronics items - more than 15 days after delivery
  • Any product missing the serial number or UPC
  • Software with opened packages
  • Received by e-mail or downloaded electronically, registered / activated or not activated software licenses (of any kind), service agreements, support agreements and warranty agreements

 


12. INDEMNITY : Buyer agrees to indemnify, defend and hold harmless DecTrader from any and all liability, loss or damage incurred by Buyer or any third party as a result of the misuse or misapplication of the merchandise or the transformation of the merchandise into a state that is different from any condition originally delivered to Buyer.

13. NO WAIVER : No failure to exercise and no delay in exercising any right, power or remedy under any agreement between DecTrader and Buyer shall impair any right, power of remedy which DecTrader may have, nor shall Buyer construe it to be waiver of or acquiescence in any breach or default under any agreement between Buyer and DecTrader.

14. CHOICE OF LAW, CHOICE OF FORUM AND LIMITATION: The agreement evidenced by these Terms and Conditions and any and all transactions by and between Buyer and DecTrader shall be governed by and construed in accordance with the laws of the State of California. In all cases, DecTrader and Buyer explicitly specifies and agrees that all disputes will be resolved by binding arbitration in the state of California. Buyer and DecTrader agree that any action brought by either party against the other in any court shall be brought within Ventura County, California and hereby waive all questions of personal jurisdiction or venue for the purposes of carrying out this provision. Buyer agrees that mailing a copy of the summons may make service of process and complaint to Buyer at its address as set forth in DecTrader records or in the manner prescribed by California law. Any action for breach of contract must be commenced within one (1) year after the cause of action shall accrue, and no such action may be maintained which is not commenced within such period.

15. ENFORCEMENT OF OBLIGATION : Buyer agrees to pay any and all costs and expenses incurred by DecTrader, including, but not limited to, all collection costs and reasonable attorney's fees incurred (whether or not in connection with judicial proceedings) by DecTrader in connection with the enforcement of any obligations of Buyer to DecTrader.

16. INTERNATIONAL SHIPPING Many countries impose their own customs, duties, tariffs, taxes and other charges on items being shipped from a foreign country. We do not pay for these costs. International Customers are responsible for payment of these charges for any item being shipped to them.

 

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