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Monarch Computer Systems General Terms and Conditions

 

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

These terms and conditions ("Agreement") apply to your purchase (or lease) from Monarch Computer Systems, Inc. ("Monarch Computer Systems" or "us") that will be provided to you ("you" or "Customer") on orders for computer systems, services and/or other products sold to you by Monarch Computer Systems. This Agreement includes special additional terms and conditions for:

By placing an order for computer systems, services and/or other products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions of the Agreement. SUCH TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL, PURCHASE AGREEMENT WITH MONARCH COMPUTER SYSTEMS (I.E. NOT THE CUSTOMER'S OWN PURCHASE ORDER), IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER MONARCH COMPUTER SYSTEMS STANDARD TERMS APPLY TO THE TRANSACTION. Acceptance of offer is expressly limited to Monarch Computer Systems' terms and conditions. Any additional terms sought by Customer, including without limitation Customer's pre-printed terms on Customer's own purchase orders, shall be null and void. Also, build times and delivery dates are good faith estimates and not guarantees. Delivery dates and build times may be delayed due to credit processing, component incompatibility and changes in order. Statements that an item is "in stock" is not a guarantee. This Agreement is subject to change without prior written notice at any time, in Monarch Computer Systems' sole discretion.


Other Documents


This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Monarch Computer Systems.


Governing Law


This Agreement and any transactions thereunder shall be governed by the laws of the state of Georgia, without regard to conflicts of laws rules. The state courts located in DeKalb County, Georgia shall have exclusive jurisdiction and venue to hear any dispute under this Agreement and relating to any transactions thereunder. Customer specifically consents to personal jurisdiction in Georgia in connection with any dispute between Monarch Computer Systems and Customer. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.


Payment Terms


Terms of payment are within the sole discretion of Monarch Computer Systems and unless otherwise agreed to by Monarch Computer Systems, payment must be received by Monarch Computer Systems prior to its acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Monarch Computer Systems. Invoices are due and payable within the time period noted by Monarch based on the purchase, measured from the date of the invoice. Monarch Computer Systems may invoice parts of an order separately. Orders are not binding upon Monarch Computer Systems until accepted by Monarch Computer Systems. Monarch Computer Systems may cancel any order at any time in its sole discretion. Any quotations given by Monarch Computer Systems will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the rate of 1.5% per month (18% per annum) or the highest rate allowed under applicable law, whichever is lower. Monarch Computer Systems is not responsible for pricing, typographical or other errors in any offer by Monarch Computer Systems and may cancel any orders resulting from such errors.

Monarch Computer may in its sole discretion freeze customer accounts including any store credits or funds associated with such accounts for up to 180 days for any of the following reasons: (1) Notice of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank. This includes notices made by Customer to Customer’s credit card company that a transaction was unauthorized or that Customer’s account was compromised, and is done in order to protect customers from further unauthorized use of their card; (2) Notice of unauthorized or unusual bank account use associated; (3) Initiation or threats by Customer of a reversal process through the customer’s bank, issuing bank or any other payment processing service; (4) Payment with potentially fraudulently obtained funds; (5) Refusal to cooperate in an investigation of the order or provide confirmation of identity when requested; (6) The Customer has facilitated fraudulent activity; (7) Use of an anonymizing proxy; (8) Reports from credit agencies of a high level of risk; (9) Initiation of an investigation by Monarch Computer Systems or law enforcement authorities of Customer for illegal transactions.


Electronic Funds Transfer


By selecting the Electronic Funds Transfer method of payment, you hereby authorize Monarch Computer Systems to debit the supplied account number and agree that the balance of the order is not refundable and cannot be charged back except at the sole discretion of Monarch Computer Systems.


Taxes


Separate charges for shipping and handling will be shown on Monarch Computer Systems' invoice(s). Under current law, no sales tax will be added to orders placed on the Internet as long as Monarch Computer Systems ships the product to Customer. The only exception to this is if you are a resident of the State of Georgia, in which case Georgia sales tax will apply. Sales taxes also apply if Customer picks up the merchandise at our store location and even if the original purchase was placed online. Applicable taxes will be shown on Monarch Computer Systems' invoice.


Shipping Method and Charges


Monarch Computer Systems ships each order Federal Express Saver or Federal Express Ground. Federal Express Saver is a three (3) day service equal to UPS ground in price yet offers quicker delivery time, and Federal Express Ground is a five (5) to seven (7) business day service. FEDERAL EXPRESS REQUIRES THAT YOU SIGN FOR ANY SHIPMENTS FROM MONARCH COMPUTER SYSTEMS - A SIGNATURE ON FILE WILL NOT BE SUFFICIENT AND FEDEX WILL NOT LEAVE THE PACKAGE UNLESS SOMEONE SIGNS FOR THE PACKAGE. Three (3) subsequent delivery attempts will be made or you can pick up the shipment at the FedEx station. Shipping charges will be added to your order upon check- out. Shipping information is displayed immediately after the Customer supplies the bill to and ship to information in the check out process. This allows you to view shipping fees before any charges are placed to your credit card. If you would like to see an estimated shipping cost, please see our shipping chart. Monarch Computer Systems can provide international shipping, but only via a bank to bank wire transfer. Please contact [email protected] for available countries. If you receive a damaged product, please contact Monarch Computer within 48 hours of the receipt of your order by e-mailing [email protected] or 1-800-611-0875. You must retain the original packing materials. All orders shipped outside the United States are subject to the following if applicable to the location and product shipped: customs fees, brokerage fees, insurance, duty, tariff, and any other fees that are applicable and charged by their country. The customer is responsible for these fees even if they refuse the product.


Shipping Charges for Returns


For parts and barebone systems, Monarch Computer Systems provides shipping to the Customer only. Customer will be responsible for paying shipping to Monarch Computer Systems. All systems must be sent to Monarch Computer Systems in original shipping packaging. If this is not possible, the system must be double boxed and safely and securely packaged shipment must be insured by the carrier, and the RMA must be written on both sides of the parcel.


Title


Title to products pass from Monarch Computer Systems to Customer upon full payment of order. Loss or damage that occurs during shipping by a carrier selected by Monarch Computer Systems is Monarch Computer Systems' responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Customer must notify Monarch Computer Systems within 30 days of the date of invoice or acknowledgement if Customer believes any part of the purchase is missing, incorrect or damaged. Title to software will remain with the applicable licensor(s). Until full payment is received by Monarch Computer Systems, it shall have the right to seek return of its products through any means including entry on to property and self-help.


Limited Warranties


A variety of standard and/or optional limited warranties are available from Monarch Computer Systems. Components and parts may be covered by limited warranties for systems from Monarch Computer Systems and/or the product manufacturers. Limited warranties for systems are for repair only and not for replacement, return for credit or refund. Monarch Computer Systems does not offer a warranty for every item that it sells. Please consult the individual warranty statement listed for each product on the website, which is hereby expressly incorporated into this agreement, for details. If necessary please contact the product manufacturer to determine if a warranty is available. Monarch Computer Systems is responsible only for its limited warranties and not for those provided, if any, by product manufacturers. All limited warranties provided by Monarch Computer Systems are subject to the following limitations:

  • Limited warranties do not cover physical damage.
  • Any modification to system by Customer or use other than the original manufacturer's specification is not covered under the limited warranty.
  • MONARCH COMPUTER SYSTEMS MAY DECLINE IN ITS SOLE DISCRETION TO WARRANT ANY PROCESSOR THAT CONTAINS A METALLIC BASED THERMAL TRANSFER COMPOUND. These compounds are slightly capacitive and can damage processors.
  • Improper installation and improper use of processors will void any warranty provided by Monarch Computer Systems. Monarch Computer Systems does not warrant or provide warranty services to systems found to be infected with a virus or damage found to be the result of additional software installed after the system has left our facilities.
  • Limited warranties provided by Monarch Computer Systems are nontransferable.

The limited warranties applicable to Monarch Computer Systems branded products are included in the documentation along with the product. The effective date for the limited warranties is the date of invoice.

Items, products or services provided at no additional charge including but not limited to those designated as "free," "complimentary" or a "giveaway" are provided "AS IS" and not covered under any warranty by Monarch Computer Systems.

All services provided by Monarch Computer Systems including but not limited to onsite services, depot repair services and technical support services shall be limited in time to the duration of the applicable Limited Warranty and shall be subject to the limitations and exclusions of the applicable Limited Warranty

Customer must request an RMA during the period of the applicable warranty and return the covered Product strictly in accordance with RMA procedure in effect at the time the RMA is issued.

MONARCH COMPUTER SYSTEMS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN MONARCH COMPUTER SYSTEMS' APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. WARRANTIES WILL BE EFFECTIVE, AND MONARCH COMPUTER SYSTEMS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON MONARCH COMPUTER SYSTEMS' RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. MONARCH COMPUTER SYSTEMS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WHERE ALLOWED BY LAW, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ALL OTHER CASES IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SHALL BE LIMITED TO THE DURATION OF THE APPLICABLE LIMITED WARRANTY PERIOD PROVIDED BY MONARCH COMPUTER SYSTEMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

MONARCH COMPUTER SYSTEMS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. MONARCH COMPUTER SYSTEMS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE FROM MONARCH COMPUTER SYSTEMS OF ANY PRODUCT, MONARCH COMPUTER SYSTEMS IS NOT LIABLE FOR ANY AMOUNT OF DAMAGES THAT EXCEED THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCTS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

NEITHER CUSTOMER NOR MONARCH COMPUTER SYSTEMS SHALL BE ENTITLED TO JOIN OR CONSOILDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Please review this limited warranty before each purchase. Monarch Computer Systems reserves the right to modify its warranty at any time, in its sole discretion.


Software


All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. MONARCH COMPUTER SYSTEMS DOES NOT WARRANT ANY SOFTWARE UNDER THIS AGREEMENT AND SUCH SOFTWARE IS PROVIDED "AS IS". MONARCH COMPUTER SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.


Return Policies


Return Materials Authorization ("RMA")

No products may be returned to Monarch Computer Systems without obtaining a valid Return Materials Authorization number from Monarch Computer Systems. Customer may obtain an RMA number by contacting the technical support desk through the RMA form available online at www.MonarchComputer.com. Customer must provide the following information: Invoice Number, Invoice Date, Part Number, Serial Number and detailed description of problem.

Shipping

Customer's RMA number must be clearly marked in two places on the outside of the shipping carton or it will be refused and returned to the Customer. Customer must pay freight and insure all parts returned for repair, replacement, or credit. Monarch Computer Systems is not responsible for returned products damaged during shipping. Monarch Computer Systems will ship replacement products to the customer's original "Ship To" address, freight prepaid using standard ground service. Monarch Computer Systems will process returns for complete systems and pre-builds for repair or replacement only.

Returned Products

All products returned for store credit or refund must be returned in like new condition with all cables, manuals, drivers and accessories. Products must be returned in the original packaging with all manuals, intact UPC and proof of purchase documentation provided with the product, cables, diskettes, CDs and accessories for credit or refund. Failure to return all accessories will result in the RMA being rendered void. Products for which a rebate has been applied for or received are ineligible for return. All store credits not used within one year of issuance are forfeited. All store credits and refunds will be issued in accordance with current market value as of the date of receipt not to exceed original purchase price. Shipping and handling fees are nonrefundable.

Systems

Monarch Computer Systems will process returns for complete systems and pre-builds for repair or replacement only. RMA numbers for such returns are valid for 15 days only. No system orders may be cancelled for any reason.

OEM processors, retail box processors, video cards and memory

OEM processors, retail box processors, video cards and memory may be returned but only if: (1) unopened, unused and in new condition; and, (2) returned within 5 days of delivery, including weekends and holidays. Returns on such items will receive store credit at current market value as determined solely by Monarch Computer Systems as of the date of receipt not to exceed the original purchase price and subject to a 15% restocking fee.

Other Parts

Computer parts may be returned but only if: (1) unopened, unused and in new condition; and, (2) returned within 15 days of delivery, including weekends and holidays. Returns on such items will receive store credit or refund at current market value as determined solely by Monarch Computer Systems as of the date of receipt not to exceed the original purchase price. Refunds only are subject to a 15% restocking fee.

Software

Software may not be returned.

Monitors / Televisions

Neither monitors nor televisions can be returned to Monarch Computer Systems for replacement. Monarch Computer Systems has set up direct replacement policies with all of its monitor manufactures for express replacement and most monitor manufacturers will cross-ship your monitor so that you will not be without your monitor for more than a few days.

"Free" Products

Items, products or services provided at no additional charge including but not limited to those designated as "free," "complimentary" or a "giveaway" may not be returned for refund or store credit.

Other Terms

No system orders may be cancelled for any reason. Any purchases made with American Express credit cards may be subject to an additional charge of up to 3% on returns at the sole discretion of Monarch Computer Systems. This additional charge on returns does not apply to purchases made with other credit cards or to American Express purchases that use PayPal.

Refunds, if applicable, will be made in U.S. dollars and Monarch Computer Systems is not responsible for currency fluctuations. Credits are processed within 15 days and take one billing cycle to post, typically within 30 days.

Products purchased and paid for using electronic funds transfer are NOT returnable for refund and may be returned for replacement or store credit only. Products damaged due to over-clocking by end user cannot be returned for store credit or refund.

DISCLAIMER: Parts purchased from www.monarchcomputer.com are not manufactured by Monarch Computer Systems.


Exchanges


From time to time, Monarch Computer Systems may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Monarch Computer Systems' exchange policies in effect on the date of the exchange.


Products


Monarch Computer Systems' policy is one of ongoing product update and revision. Monarch Computer Systems may revise and discontinue products at any time. Monarch Computer Systems will ship products that have the functionality and performance of the products ordered, but differences between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building Monarch Computer Systems products are selected from new parts and assemblies in accordance with industry practices. Any product shown with a retail box on www.MonarchComputer.com will be shipped in a retail box. Not all products are compatible. For questions regarding product compatibility, please email [email protected].


Export


Customer acknowledges that products sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to United States' customs and export control laws and regulations and may also be subject to customs and export laws and regulations of the country in which the products were manufactured and/or received. Customer acknowledges that it is his sole responsibility to comply with and abide by such laws and regulations. Additionally, as provided by U.S. law goods shipped under this Agreement may not be sold, leased or transferred to restricted countries or used by restricted end-users as well as end-users engaged in activities related to weapons of mass destruction, including activities related to the design, development, production or use of nuclear weapons, materials, or facilities, missiles or the support of missile projects and chemical or biological weapons. Customer may not provide any written regulatory certifications or notifications on behalf of Monarch Computer Systems.


Limitation of Liability


MONARCH COMPUTER SYSTEMS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY FOR PRODUCTS, STORE CREDITS OR FUNDS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. MONARCH COMPUTER SYSTEMS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE FROM MONARCH COMPUTER SYSTEMS OF ANY PRODUCT, MONARCH COMPUTER SYSTEMS IS NOT LIABLE FOR ANY AMOUNT OF DAMAGES THAT EXCEED THE AMOUNT INVOICED TO CUSTOMER OR PAID TO MONARCH COMPUTER SYSTEMS FOR THE APPLICABLE PRODUCTS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Products sold by Monarch Computer Systems are not designed, intended, authorized or warranted for use as components in systems intended for surgical implant into the body, or in other applications intended to support or sustain life, or in any other application in which the failure of such Product could create a situation where personal injury, death, or severe property or environmental damage may occur. MONARCH COMPUTER SYSTEMS WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT, OR WEAPONS SYSTEMS.


Service and Support


For end-user Customers, Monarch Computer Systems will attempt to handle over the telephone any problem involving Monarch Computer Systems. Support for systems is available through our toll free 800 technical support number or by using our Online Request for Tech Support/Returns Form For Systems. Service offerings may vary from systems to parts. In regards to parts; you must have your invoice number to obtain technical support; if you have purchased parts and need support please use our Online Request for Tech Support/Returns Form For Parts so we can contact you by email or phone. Monarch Computer Systems has no obligation to provide service or support until Monarch Computer Systems has received full payment for the product or service/support contract for which service or support is requested. However, Monarch Computer Systems' support people may not be able to understand or resolve every given problem. Monarch Computer Systems will make on-site service available to Customer in the United States in accordance with the then-current terms and conditions set by Monarch Computer Systems and/or the third-party service provider. Monarch does not offer Third Party Support.


Independent Contractor


Each party's relationship with the other party hereunder will be that of an independent contractor. Neither party shall be responsible for any claims that arise or are alleged to have arisen as a result of negligent or intentional acts or omissions of the other or its personnel or breach by the other of any term of this Agreement. This Agreement does not create any form of a third party beneficiary relationship with anyone that comes in contact with each party.


Gift Certificate Rules


  1. *Gift certificates and unused portions of gift certificates expire one year from the date of issuance, as indicated by the expiration date included on the gift certificate.
  2. Gift certificates must be redeemed by calling Monarch Computer Systems and speaking with our helpful sales people at 1-800-611-0875. Gift certificates may also be redeemed at Monarch Computer Systems store location at 5242 Royal Woods Parkway Ste. 160, Tucker, Ga. 30084.
  3. Gift certificates cannot be used to purchase gift certificates.
  4. Gift certificates are not redeemable for cash and cannot be returned for a cash refund.
  5. Any unused balance will be placed in the recipient's gift certificate account and is not transferable.
  6. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card or cash (walk-in customers only).
  7. Gift certificate cash value is 1/10 of one cent.
  8. Gift certificates and their use on the www.Monarchcomputer.com website are subject to Monarch Computer Systems' general Terms and Conditions and Privacy policy.
  9. Monarch Computer Systems is not responsible for lost or stolen gift certificates. If you have any questions, please contact the Monarch Computer help department at [email protected]
  10. Monarch Computer Systems has the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the www.Monarchcomputer.com web site or is redeemed and used to make purchases on at Monarch Computer Systems.
  11. MONARCH COMPUTER SYSTEMS. AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  12. Monarch Computer Systems reserves the right to change these terms and conditions from time to time in its discretion. The risk of loss and title for gift certificates pass to the purchaser upon our delivery of the physical gift certificate to the carrier.

*Does not apply in California; applies in New Hampshire only for gift certificates over $100. Expiration date does not apply in any other states where prohibited by law.


Headings and Severability


The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from. If any provision of this Agreement is void or unenforceable, the remainder of this Agreement will remain in full force and will not be terminated. Neither party will be liable for any delays resulting from circumstances or causes beyond the party's reasonable control.


Coupon Terms and Conditions


If you have received a coupon from Monarch Computer Systems, Inc. ("Monarch") to obtain a discount, the following terms and conditions apply:

  1. Under no circumstances will coupons be redeemable for past purchases. Monarch is not liable for lost or stolen coupons.
  2. Coupon is redeemable for only one purchase and does not include shipping or taxes.
  3. Coupon offers are not to be used in combination with any other coupon offers, other discounts, promotions, sale agreements or sale items.
  4. Coupons are available subject to Monarch's general terms and conditions.
  5. Coupon offers are valid until the coupon expiration date provided on the coupon. In the event a coupon provides no expiration date, the coupon expires 14 days after the earliest of the following: transmission via email, shipment via mail or other carrier, or distribution.
  6. A coupon offer is not available in conjunction with any cash off, discount, or coupon promotion that occurs during the coupon offer period unless otherwise stated.
  7. Coupon offers are subject to Monarch's sole discretion and may be changed at any time.
  8. Monarch reserves the right to cancel coupon promotions at any time.
  9. Coupons are not redeemable for cash or payment of accounts.
  10. Coupons have a value of fifty-thousandths of one cent (0.0005¢).
  11. Monarch is not responsible for typographical errors that may appear on coupons.
  12. Coupons are void if copied, transferred, sold, taxed and/or where prohibited by law.
  13. Use of coupons that, in the sole discretion of Monarch, does not strictly comply with the terms and conditions of the coupon offer, including fraudulent use, is invalid.
  14. Coupon terms and conditions are subject to change at any time without notice.
Onsite Service, Repair and Installation Terms and Conditions

 

These terms and conditions govern onsite service, repair and installation ("Onsite Service") when purchased through Monarch Computer Systems. These terms and conditions are in addition to and supplement the Monarch Computer Systems General Terms and Conditions that govern all transactions at Monarch Computer Systems and are hereby expressly incorporated as if fully set forth herein.


Scope of Service


The scope of Onsite Services is expressly limited to those statements set forth in the description of the purchased Onsite Service located at www.monarchcomputer.com and are expressly incorporated herein. Onsite Services will be provided between 8:00am and 6:00pm local time, Monday through Friday, excluding holidays. Onsite Service is limited to the United States, excluding Hawaii and Alaska. Unless otherwise expressly stated in the description or name of the Onsite Service package purchased by Customer, Onsite Service is limited to three onsite visits. All Onsite Service shall be limited in time to the duration of the applicable Limited Warranty and shall be subject to the limitations and exclusions of the applicable Limited Warranty.

Combo Installation Services

In addition to the terms and conditions governing all Onsite Services, combo installation services (“Combo Installation Services”) are subject to the following additional stipulations. Combo Installation Services are expressly limited to one onsite visit and installation of the combo. Subsequent visits may be made available solely at Monarch’s discretion. Combo Installation Services do not cover repairs or troubleshooting of customer’s computer system for issues unrelated to the installation of the combo. Combo Installation Services do not cover software installation, upgrades or compatibility issues. Customer is solely responsible for ensuring combo is compatible with the system. Onsite services are nonrefundable. Warranties or other services for the combo, if applicable, do not extend to the other components within the customer’s system.


Customer Responsibilities


Customer must make an appointment for delivery of Onsite Services and must have an adult of 18 years of age or older, with knowledge of the issues pertaining to the request for Onsite Service, present and available during the Onsite Service call by a technician. If Customer fails to have such an adult present or misses an appointment, Customer will be charged with the loss of the onsite visit as if the visit were completed. Customer must place the Monarch Computer Systems products and other necessary hardware or software in the immediate area in which the products are to receive Onsite Service. The area in which the Onsite Service is to be performed must be sufficiently large, well-lit, and properly ventilated to accommodate the installation or repair. Customer shall ensure that functioning power outlets, coaxial cables and other such wiring has been installed if necessary.

Customer agrees to pay a deposit for parts or components used or shipped to Customer for the onsite repair and shall be solely responsible for returning the defective part or component to Monarch Computer Systems through its standard return process. Customer will be billed on a United States credit card for the current market value of the product and shipping costs. The customer will receive a full refund on their credit card upon return of the product to Monarch in accordance with Monarch's return policies and its inspection of the product. Failure of the Customer to deliver the products to Monarch within 15 days of shipment of the replacement products will be construed as an additional sale and Customer shall remain responsible for payment.

Prior to receipt of Onsite Services CUSTOMER MUST TAKE NORMAL PRECAUTIONS TO BACKUP SYSTEMS TO SAFEGUARD AGAINST ANY ACCIDENTAL LOSS OF DATA. Monarch Computer Systems will have no liability for loss of data or computer programs.


WARRANTY DISCLAIMER


MONARCH COMPUTER SYSTEMS MAKES NO WARRANTY CONCERNING ONSITE SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MONARCH COMPUTER SYSTEMS' LIABILITY IS LIMITED TO THE FEES PAID TO MONARCH COMPUTER SYSTEMS SPECIFICALLY FOR ONSITE SERVICE. MONARCH COMPUTER SYSTEMS IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR LOSS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE OF SOFTWARE, HARDWARE OR ANY OTHER SOFTWARE OR DATA AND LOSSES ARISING FROM DELAYS IN PROVIDING ONSITE SERVICE OR INABILITY TO ACHIEVE ANY PARTICULAR RESULT, EVEN IF MONARCH COMPUTER SYSTEMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE DAMAGE IS THE DIRECT RESULT OF AN INSTRUCTION OR SUGGESTION MADE BY MONARCH COMPUTER SYSTEMS.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

NEITHER CUSTOMER NOR MONARCH COMPUTER SYSTEMS SHALL BE ENTITLED TO JOIN OR CONSOILDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.


Independent Contractor


Onsite Service is provided through independent contractors who are not employees or agents of Monarch Computer Systems. Monarch Computer Systems shall not be responsible for any claims that arise or are alleged to have arisen as a result of negligent or intentional acts or omissions of an onsite service provider or its personnel or breach by the personnel of any term of this Agreement.

Tech Support Terms and Conditions

 

These terms and conditions govern Technical Support provided over the telephone ("Tech Support") when purchased through Monarch Computer Systems. These terms and conditions are in addition to and supplement the Monarch Computer Systems General Terms and Conditions that govern all transactions at Monarch Computer Systems and are hereby expressly incorporated as if fully set forth herein. Customer agrees to and is bound by these Tech Support terms and conditions for any purchase of Tech Support including purchases made at the time a system or other product is purchased from Monarch Computer Systems or any subsequent or future purchases of Tech Support including but not limited to purchases made other than via the internet at www.monarchcomputer.com.


Scope of Service


The scope of Tech Support is expressly limited to those statements set forth in the description of the purchased Tech Support. Standard Tech Support shall be available during the normal operating hours of Monarch Computer Systems in effect the Customer calls requesting Tech Support. 24/7 Tech Support shall be provided on a 24 hours per day, seven days per week basis. Any Tech Support shall be limited in time to the duration of the applicable Limited Warranty and shall be subject to the limitations and exclusions of the applicable Limited Warranty.

Prior to receipt of Tech Support CUSTOMER MUST TAKE NORMAL PRECAUTIONS TO BACKUP SYSTEMS TO SAFEGUARD AGAINST ANY ACCIDENTAL LOSS OF DATA. Monarch Computer Systems will have no liability for loss of data or computer programs.


WARRANTY DISCLAIMER


MONARCH COMPUTER SYSTEMS MAKES NO WARRANTY CONCERNING TECH SUPPORT SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MONARCH COMPUTER SYSTEMS' LIABILITY IS LIMITED TO THE FEES PAID TO MONARCH COMPUTER SYSTEMS SPECIFICALLY FOR TECH SUPPORT. MONARCH COMPUTER SYSTEMS IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR LOSS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE OF SOFTWARE, HARDWARE OR ANY OTHER SOFTWARE OR DATA AND LOSSES ARISING FROM DELAYS IN PROVIDING TECH SUPPORT OR INABILITY TO ACHIEVE ANY PARTICULAR RESULT, EVEN IF MONARCH COMPUTER SYSTEMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE DAMAGE IS THE DIRECT RESULT OF AN INSTRUCTION OR SUGGESTION MADE BY MONARCH COMPUTER SYSTEMS.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

NEITHER CUSTOMER NOR MONARCH COMPUTER SYSTEMS SHALL BE ENTITLED TO JOIN OR CONSOILDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Advanced Replacement Warranty

 

Products purchased under any advanced replacement warranty provided by Monarch Computer Systems, Inc. ("Monarch") are governed by the following terms and conditions. Products purchased under an advanced replacement warranty that become broken or inoperable will be replaced according to the time period specified in the applicable advanced replacement warranty listed for the product which is hereby expressly incorporated into this agreement. This plan does not apply to products rendered inoperable by physical damage or improper installation as determined solely by Monarch nor does it apply to the types of damage that are not covered under the manufacturer's warranty for the product. Any modification to system by Customer or use other than the original manufacturer's specification is not covered under this warranty. The warranty period shall begin on the date of invoice. Warranty does not include shipping or labor.

Advanced replacement is available for defective on arrival ("DOA") products for the first 15 days after the date of invoice for the product. To exercise this option, Customer will be billed on a United States credit card for the current market value of the product and shipping costs. The customer will receive a full refund on their credit card upon return of the product to Monarch in accordance with Monarch's return policies and its inspection of the product. Failure of the Customer to deliver the products to Monarch within 15 days of shipment of the replacement products will be construed as an additional sale and Customer shall remain responsible for payment. For the period remaining after the first 15 days from the date of invoice, replacements shall be made in accordance with and governed by the Standard Replacement warranty terms and conditions.

Identical replacements for broken or inoperable products may be unavailable due to the product being discontinued, updated or revised. In such cases Monarch will provide the products identified by its manufacturer for replacement under the manufacturer warranty. Such replacements will be of equal or greater quality and performance as compared to the products purchased under this plan.

Customer must request an RMA during the period of the applicable warranty and return the covered Product strictly in accordance with RMA procedure in effect at the time the RMA is issued.


WARRANTY DISCLAIMER


MONARCH COMPUTER SYSTEMS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN MONARCH COMPUTER SYSTEMS' APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. WARRANTIES WILL BE EFFECTIVE, AND MONARCH COMPUTER SYSTEMS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON MONARCH COMPUTER SYSTEMS' RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. MONARCH COMPUTER SYSTEMS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WHERE ALLOWED BY LAW, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ALL OTHER CASES IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SHALL BE LIMITED TO THE DURATION OF THE APPLICABLE LIMITED WARRANTY PERIOD PROVIDED BY MONARCH COMPUTER SYSTEMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

MONARCH COMPUTER SYSTEMS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. MONARCH COMPUTER SYSTEMS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE FROM MONARCH COMPUTER SYSTEMS OF ANY PRODUCT, MONARCH COMPUTER SYSTEMS IS NOT LIABLE FOR ANY AMOUNT OF DAMAGES THAT EXCEED THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCTS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

NEITHER CUSTOMER NOR MONARCH COMPUTER SYSTEMS SHALL BE ENTITLED TO JOIN OR CONSOILDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Please review this limited warranty before each purchase. Monarch Computer Systems reserves the right to modify its warranty at any time, in its sole discretion.

These terms and conditions are in addition to and supplement the Monarch Computer Systems General Terms and Conditions that govern all transactions at Monarch Computer Systems and are hereby expressly incorporated as if fully set forth herein.

Standard Replacement Limited Warranty

 

These terms and conditions are in addition to and supplement the Monarch Computer Systems General Terms and Conditions that govern all transactions at Monarch Computer Systems and are hereby expressly incorporated as if fully set forth herein.

Products purchased under any standard replacement warranty provided by Monarch Computer Systems, Inc. ("Monarch") are governed by the following terms and conditions. Products purchased under the standard replacement warranty that become broken or inoperable will be replaced according to the time period specified in the applicable advanced replacement warranty listed for the product which is hereby expressly incorporated into this agreement. This plan does not apply to products rendered inoperable by physical damage or improper installation as determined solely by Monarch nor does it apply to the types of damage that are not covered under the manufacturer's warranty for the product. The warranty period shall begin on the date of invoice. Warranty does not include shipping or labor.

Identical replacements for broken or inoperable products may be unavailable due to the product being discontinued, updated or revised. In such cases Monarch will provide the products identified by its manufacturer for replacement under the manufacturer warranty. Such replacements will be of equal or greater quality and performance as compared to the products purchased under this plan.

Customer must request an RMA during the period of the applicable warranty and return the covered Product strictly in accordance with RMA procedure in effect at the time the RMA is issued.


WARRANTY DISCLAIMER


MONARCH COMPUTER SYSTEMS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN MONARCH COMPUTER SYSTEMS' APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. WARRANTIES WILL BE EFFECTIVE, AND MONARCH COMPUTER SYSTEMS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON MONARCH COMPUTER SYSTEMS' RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. MONARCH COMPUTER SYSTEMS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WHERE ALLOWED BY LAW, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ALL OTHER CASES IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SHALL BE LIMITED TO THE DURATION OF THE APPLICABLE LIMITED WARRANTY PERIOD PROVIDED BY MONARCH COMPUTER SYSTEMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

MONARCH COMPUTER SYSTEMS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. MONARCH COMPUTER SYSTEMS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE FROM MONARCH COMPUTER SYSTEMS OF ANY PRODUCT, MONARCH COMPUTER SYSTEMS IS NOT LIABLE FOR ANY AMOUNT OF DAMAGES THAT EXCEED THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCTS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

NEITHER CUSTOMER NOR MONARCH COMPUTER SYSTEMS SHALL BE ENTITLED TO JOIN OR CONSOILDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Please review this limited warranty before each purchase. Monarch Computer Systems reserves the right to modify its warranty at any time, in its sole discretion.

These terms and conditions are in addition to and supplement the Monarch Computer Systems General Terms and Conditions that govern all transactions at Monarch Computer Systems and are hereby expressly incorporated as if fully set forth herein.

Case Limited Warranty

 

Products purchased under any case warranty provided by Monarch Computer Systems, Inc. ("Monarch") are governed by the following terms and conditions. Monarch will provide at its sole discretion either replacement parts to repair the case or a replacement for the case. This plan does not apply to products rendered inoperable by physical damage or improper installation as determined solely by Monarch nor does it apply to the types of damage that are not covered under the manufacturer's warranty for the product. Any modification to system by Customer or use other than the original manufacturer's specification is not covered under the limited warranty. The warranty period shall begin on the date of invoice. Warranty does not include shipping or labor.

Identical replacements for broken or inoperable products may be unavailable due to the product being discontinued, updated or revised. In such cases Monarch will provide the products identified by its manufacturer for replacement under the manufacturer warranty. Such replacements will be of equal or greater quality and performance as compared to the products purchased under this plan.

Customer must request an RMA during the period of the applicable warranty and return the covered Product strictly in accordance with RMA procedure in effect at the time the RMA is issued.


WARRANTY DISCLAIMER


MONARCH COMPUTER SYSTEMS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN MONARCH COMPUTER SYSTEMS' APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. WARRANTIES WILL BE EFFECTIVE, AND MONARCH COMPUTER SYSTEMS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON MONARCH COMPUTER SYSTEMS' RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. MONARCH COMPUTER SYSTEMS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WHERE ALLOWED BY LAW, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ALL OTHER CASES IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SHALL BE LIMITED TO THE DURATION OF THE APPLICABLE LIMITED WARRANTY PERIOD PROVIDED BY MONARCH COMPUTER SYSTEMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

MONARCH COMPUTER SYSTEMS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. MONARCH COMPUTER SYSTEMS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE FROM MONARCH COMPUTER SYSTEMS OF ANY PRODUCT, MONARCH COMPUTER SYSTEMS IS NOT LIABLE FOR ANY AMOUNT OF DAMAGES THAT EXCEED THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCTS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

NEITHER CUSTOMER NOR MONARCH COMPUTER SYSTEMS SHALL BE ENTITLED TO JOIN OR CONSOILDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Please review this limited warranty before each purchase. Monarch Computer Systems reserves the right to modify its warranty at any time, in its sole discretion.

These terms and conditions are in addition to and supplement the Monarch Computer Systems General Terms and Conditions that govern all transactions at Monarch Computer Systems and are hereby expressly incorporated as if fully set forth herein.

woty09867


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