TERMS AND CONDITIONS OF SALE:

TERMS AND CONDITIONS

 

GENERAL: ENU, Incorporated (hereinafter referred to as "ENU" or "SELLER") and Customer (hereinafter referred to as "BUYER") agree that all sales by SELLER on any merchandise (hereinafter referred to as GOODS or PRODUCTS) to the BUYER shall be governed by the following terms and conditions (hereinafter referred to as AGREEMENT). Any additional or difference terms or conditions proposed by the BUYER are hereby rejected entirely except for the terms that are identical with those stated in SELLER's invoice, written acknowledgment and this AGREEMENT. This AGREEMENT may not be changed, modified, or amended, except in writing signed by an authorized representative of SELLER. BUYER shall not assign this AGREEMENT, any interest therein, or any rights there under without written prior consent by an authorized representative of SELLER. An invoice is only provided to the BUYER at the time of purchase. SELLER is not responsible for typographical errors. Actual product may look diffrent from the picture on a webpage. Price and availability of any product is subject to change at any time without any prior notice. Inventory and price information on the site is usually updated once a day.

 

PRICE: Unless otherwise stated, all prices quoted by SELLER are based on U.S. dollars and is subject to change without prior notice. SELLER shall have the right to adjust the price of the undelivered GOODS to current SELLER prices at the time of purchase. All system sales require a minimum 10% non-refundable deposit due at the time of the system order.

 

PAYMENT: Unless otherwise agreed, terms are cash on delivery upon receipt of GOODS. Buyer agrees to pay the total purchase price including shipping and handling, and any sales taxes arising from the use of the product(s) according to the payment terms specified on the front of this document. Invoice becomes past due the day after the terms stated. A service charge of two percent (2.0%) per month, not to exceed the maximum rate allowed by law, shall be made on any portion of BUYER's outstanding balance which is not paid within thirty days after the due date. If BUYER fails to fulfill its payment obligation, then SELLER may withhold deliveries and suspend performance, including but not limited to RMA service. As security for payment of any sum due under any AGREEMENT between BUYER and SELLER, SELLER shall have the right to retain possession of, and shall have a security interest in, all BUYER's property in its possession and shall have a purchase money security interest and right of possession in GOODS already shipped. BUYER agrees to execute any financing statements or provide any documents to SELLER to protect security interest. If SELLER brings any legal action to enforce this AGREEMENT, SELLER shall be entitled to recover all reasonable costs and expenses incurred, including but not limited to attorneys' fees, suit fees and court costs from the BUYER. SELLER reserves the right to suspend or terminate any credit term granted to BUYER. The purchaser as per Federal and Oregon law shall pay all costs related to the collection of payment.

 

DELIVERY: All availability is subject to change without any prior notices. Delivery and completion schedules are approximate only and are based on conditions at the time of acceptance of BUYER's order. Unless otherwise agreed in writing, SELLER shall deliver GOODS to BUYER F.O.B. origin. Unless permitted in writing by an ENU Company manager, delivery will be made FOB SELLER's facility. Any shipping and handling charges may be applied to the total amount due for a purchase involving special order(s).

 

RISK OF LOSS: The risk of loss and/or damage passes to BUYER upon delivery of GOODS to the carrier (normally BUYER). BUYER is responsible for checking the completeness of hardware at each time of purchase. Shortages, missing parts or errors must be claimed by BUYER within two (2) working days after receipt of GOODS, otherwise delivery is deemed complete. BUYER shall give SELLER further reasonable time to cure any errors discovered within the above mentioned two (2) working days.

 

CREDIT OR EXCHANGE: ALL SOFTWARE SALES ARE FINAL AND SOLD "AS IS". Hardware to be returned for credit will only be considered by SELLER if the product is: (i) within fifteen (15) calendar days from the purchase, (ii) in new and resalable condition, (iii) accompanied by all of the original packaging with UPC code intact and accompanied by all accessories, (iv) accompanied by the original invoice referencing the purchase of the item being returned, (v) and with this invoice all related invoices if any. Returns of retail product will not be considered if UPC bar code is missing or damaged. SELLER is under no obligation to extend the fifteen (15) calendar day credit period. SELLER will not apply credit to GOODS including, but is not limited to: hardware or software engineering defects, cracks, cuts, scratches, scorch marks, burn discoloration, burn deformation, bent or missing pins, chemical contamination, excessive wear of electrical contacts, misuse, neglect, shipping, unusual physical or electrical stress, or any item modified or adjusted or repaired by persons other than SELLER's authorized personnel. Due to industry volatility, all hardware purchases returned will be bought back (in addition to restocking fees) at the lower of: (i) the current SELLER price or (ii) the invoice price.E quivalent replacement will be done at SELLER's option. This limited warranty is contingent upon proper use of the hardware products covered and does not cover hardware products which have been subject to unusual physical or electrical stress. SELLER makes no other express or implied warranty with respect to hardware products other than the limited warranty referred to above. The liability of SELLER, if any, for damages relating to any allegedly defective product shall under any legal theory be limited to the actual price paid for such product and shall in no event include incidental or consequential damages of any kind, even if SELLER is notified of the possibility of such damages.

 

LIMITED WARRANTY AND OTHER CONDITIONS: THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, OR IMPLIED. SELLER MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. SELLER in no way is responsible for warranties made by other manufacturers. All hardware GOODS (except OEM CPUs, Notebook computers not assembled by SELLER and items marked as clearance) sold by SELLER is warranted to be free of defects in material for thirty(30) days after the invoice date. During the warranty period, product which is found to be defective shall be repaired or replaced at the option of ENU Inc. If an identical part is not available, the determination of an equivalent replacement will be made by ENU Inc. only. Any liability from any damage is limited only to the replacement of the defective product and ENU accepts no responsibility for data loss, loss of use, or other consequential damages. The replacement part is warranted only for the remainder of the warranty period applicable to the product it replaces. Hardware to be returned will only be considered by SELLER if: (i) GOODS are in new and resalable condition, (ii) accompanied by all of the original packaging and all accessories, (iii) accompanied by the original invoice referencing the purchase of the item being returned, (iv) and with this invoice all related invoices. In case of a return involving a discontinued or unavailable product line the product will have to be sent back to the appropriate vendor to be repaired or replaced. At the discretion of an ENU Company manager, an exchange may be considered with similar hardware using the current value at the time of the return for the discontinued hardware or credit BUYER the value of the GOODS based on the current list price at the date GOODS were received for RMA service. A return of this nature may require several days to determine the current value. SELLER is in no way obligated to have stock on hand for any exchange of merchandise.

 

POLICY ON LCD MONITOR RETURNS: All LCD monitor returns, in addition to the conditions above, must also qualify under the respective manufacturer's policy regarding defective pixels.

 

DISCLAIMER ON WARRANTIES ON ALL PRODUCTS: SELLER makes no warranties, either express or implied, with respect to all software or hardware and accompanying manuals and materials, regardless of their source, their quality, performance, merchantability or fitness for any particular purpose. All such items are sold or licensed to BUYER by SELLER on an "as is" basis. The entire risk as to their quality and performance is with the BUYER. Should such product prove defective following their purchase, BUYER (and not SELLER or its suppliers) assume the entire cost of all necessary servicing, repair, or correction and any incidental or consequential damages resulting from any defect in such product, in no event will SELLER or its supplier be liable for direct, indirect, or incidental or consequential damages resulting from any defect in any product, even if SELLER has been advised of the possibility of such damages. SELLER, its hardware or software suppliers, makes no warranty, express or implied, concerning the applicability of any hardware or software to any specific purpose. Seller accepts no liability for loss or damage caused or alleged to be caused directly or indirectly by any product sold by SELLER, including but not limited to any interruption of service, loss of business or anticipatory profits or special or consequential damages resulting from the use or operation of such computer equipment or computer software.

 

FORCE MAJEURE: In the event that SELLER's performance is prevented or delayed by strikes, riots, lockouts, war, embargoes or exceptional impediments to transportation, earthquake, fire, action by Federal, State or local government or authority, action by foreign powers, acts of God, reduction of sources or supply or any cause or circumstances, not limited to the above, which is beyond the SELLER's reasonable control, SELLER shall not be held liable for the consequences thereof and the obligation to make delivery or perform warranty service shall be suspended while the causes are in effect until the resumption of work after termination of the causes. The forgoing shall apply even though one or more of the causes exist at the time of the order or occur after SELLER's performance of its obligations is delayed for other causes.

 

LIMITED SELLER MANUFACTURED SYSTEM WARRANTY: ALL OF THE ABOVE CONDITIONS ARE APPLICABLE. In addition, the following warranties apply: Labor is warranted for one year from the purchase date. Labor warranty does not guarantee any preservation of any kind of data in the computer. It does not accept any responsibility for any data loss, loss of use or any other consequential damages. Labor warranty applies only to the warranty service performed by SELLER.

 

LAW AND JURISDICTION: This AGREEMENT shall be construed and governed by the laws of the State of Oregon and the United States of America. If any provision of this AGREEMENT is invalid, then all valid parts severable from the invalid part remain in effect. BUYER hereby irrevocably submits to the jurisdiction of any state or federal court within the County of Hillsboro, Oregon. BUYER agrees to the venue of said court and that any dispute or legal action arising from this AGREEMENT shall solely be entertained in such courts. BUYER further agrees to (i) service of process by certified or registered mail or by any manner permitted by law, (ii) irrevocably waive the defense of inconvenient forum and (iii) irrevocably waive trial by jury.