Terms and Conditions of Sale - Home, Home Office and Small Business Customers
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.
This Agreement contains the terms and conditions that apply to your purchase (or lease) from the Monarch Computer Systems entity named on the invoice ("Monarch Computer Systems") that will be provided to you (Customer") on orders for computer systems and/or related products sold in the United States. By accepting delivery of the computer systems and/or other products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Monarch Computer Systems, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER Monarch Computer Systems STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Monarch Computer Systems' sole discretion.
#Other Documents. These terms and conditions 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 SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
#Payment Terms; Orders; Quotes; Interest. Terms of payment are within Monarch Computer Systems' sole discretion, and unless otherwise agreed to by Monarch Computer Systems, payment must be received by Monarch Computer Systems prior to Monarch Computer Systems' 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 on the reverse side of this invoice, 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. 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 highest rate allowed by law.
#Shipping Method Charges: Taxes; Separate charges for shipping and handling will be shown on Monarch Computer Systems' invoice(s). By law, no sales tax will be added to orders placed on the Internet as long as Monarch Computer Systems ships the product to you (the buyer). Sales taxes do apply if you (the buyer) pick up the merchandise at our location even if the original purchase was placed online. Applicable taxes will be shown on Monarch Computer Systems' invoice. Monarch Computer.com ships each order Federal Express Saver or Federal Express Ground. Federal Express Saver is a two (2) to 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. Any shipment to an APO address will be done via USPS Priority Mail and a $20.00 handling fee will apply. Shipping charges will be added to your order upon check out. Since shipping cost is based on region, charges cannot be figured until the bill to and ship to portions of the order form are filled out. Shipping information is displayed immediately following 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 wire transfer. Please contact for available countries.
#Shipping Charges: Returns; (Parts) Monarch Computer Systems provides shipping to the sender only. Customer will be responsible for paying shipping to Monarch Computer Systems. Monarch Computer Systems will pay for return shipment.
(Systems) within the first 30 days Monarch Computer Systems will pay for shipping both to and from Monarch Computer Systems, after 30 days, Monarch Computer Systems covers shipping to the sender only. The customer will be responsible for shipping charges 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.
#Title; Risk of Loss. Title to products passes from Monarch Computer Systems to Customer on shipment from Monarch Computer Systems' facility. 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. Title to software will remain with the applicable licensor(s).
#Warranties. Monarch systems come with one (1 year - standard), two (2 year - optional) or three (3 year - optional) warranties. Parts include a one (1) year warranty, except AMD Duron and Athlon CPUs which include a three (3) year warranty. Some manufacturers carry extended warranties, please contact product manufacturer for details. Warranties do not cover physical damage. Any modification or use other than original manufacturers specification is not covered under warranty. All complete systems include toll free Tech Support, Parts and Labor and freight to sender. Barebone systems include one (1) year parts only warranty and no software support. THE LIMITED WARRANTIES APPLICABLE TO Monarch Computer Systems-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS. 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. ANY SUCH 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 WITHOUT LIMITATION IMPLIED WARRANTIES OF' MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Monarch Computer Systems' RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN Monarch Computer Systems' APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. Monarch Computer Systems reserves the right to modify its warranty at any time, in its sole discretion. 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. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
#Return Policies. Monarch Computer Systems computers and parts that are purchased directly from Monarch Computer Systems by an end-user Customer may be returned by Customer in accordance with Monarch Computer Systems' "Return Policy" in effect on the date of the invoice. Products returned for credit must be received within 30 days of invoice date and a 15% restocking fee will apply. Product must be returned within 30 days. Memory, software, CPUs, and systems are returnable for repair or replacement only.
#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.
#Cancellations on systems. (This includes Pre-Built, Bare Bone, and Custom PC). Any cancellation on system orders must be emailed to within 24 hours of the placement of the order. Any cancellations placed after 24 hours will result in a 15% restocking fee.
#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. The parts and assemblies used in building Monarch Computer Systems products are selected from new parts and assemblies in accordance with industry practices. OEM products are sold without manufacturer warrantee; these products are covered by dealer warranty. Retail Box purchases are sold with dealer warranty as well as extended manufacturer warranty. 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 .
#Limitation of Liability. Monarch Computer Systems DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING 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 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.
#Service and Support for System Purchase. Monarch Computer Systems endeavors to provide the best customer and technical telephone support in the personal computer industry. For end-user Customers, Monarch Computer Systems promises that its support people will attempt to handle over the telephone any problem involving Monarch Computer Systems. Support for systems is available through our toll free 800 tech 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. All "Retail Box" parts purchased from Monarch Computer Systems features support from the product's manufacturer in addition to our support. 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 any 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.