Ignyte Terms and Conditions
This Sales Agreement (the “Sales Agreement”) is a legal contract between IGNYTE, LLC (“Ignyte”) and any Customer placing an order to purchase goods or services from or through Ignyte (an “Order”), whether by telephone, facsimile, email, or online through Ignyte’s website (“the Site”). By placing an Order, Customer accepts and agrees to be bound by this Sales Agreement and all of the terms and conditions (the “Terms”) stated herein.
The Terms are subject to change by Ignyte at any time without prior notice. The Terms applicable to a particular Order shall be the ones then-posted on the Site at the time such Order. Any other modification or termination of this Sales Agreement, with regard to goods or services that have been purchased or sold on the Site, may only be done in a writing signed by an authorized agent of Ignyte.
Purchases by Customers who have separate written contracts with Ignyte are subject to both the terms of such separate contracts and the terms of this Sales Agreement. To the extent of any conflict between the terms of such separate contracts and the terms of this Sales Agreement, the terms of the separate contracts shall take precedence over the terms of this Sales Agreement. Otherwise, the obligations are concurrent, and the contracts should be read together. Absent a separate written contract between the parties, this Sales Agreement constitutes the entire agreement between Customer and Ignyte relating to an Order.
Additional or revised terms and conditions may be stated by Ignyte on the invoice for an Order. In the event of any conflict between the terms and conditions stated on an invoice and this Sales Agreement, the terms and conditions stated on this Sales Agreement shall govern.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, IGNYTE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO GOODS OR SERVICES ORDERED UNDER THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF ACCESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
All products sold by Ignyte are third party products and may be subject to the warranties and representations of the applicable third-party manufacturers. This Sales Agreement does not affect the terms of the manufacturer’s warranty, if any. Any warranty claim Customer may have must be brought against such manufacturer, and Customer expressly waives and releases any breach of warranty claim against Ignyte with respect to goods or services Ordered.
Ignyte shall not be liable for any loss or damages sustained by reason of any failure or interruption of services that are the subject of an Order, or for lost or corrupted data related to or caused by any goods or services Ordered, for any reason other than the negligence of Ignyte.
In no event will IGNYTE OR ITS AFFILIATES, be liable to the CUSTOMER, AND CUSTOMER WAIVES ANY CLAIM AGAINST IGNYTE AND ITS AFFILIATES, for any indirect, special, incidental, punitive, or consequential losses or damages, including loss of revenue, loss of customers or clients, loss of goodwill, loss of profits, loss of data or loss of use, incurred by Customer or any third party, whether in an action in contract, tort, warranty, or otherwise, even if Customer has been advised of the possibility of such damages.
IN NO EVENT SHALL ANY LIABILITY RELATED TO GOODS OR SERVICES ORDERED FROM IGNYTE EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE PARTICULAR GOOD OR SERVICE ORDERED AND WHICH IS THE SUBJECT OF SUCH CLAIM FOR LIABILITY.
Orders are not binding upon Ignyte until accepted by Ignyte. Terms of payment for each Order may be set or modified by Ignyte in its sole and absolute discretion. All invoices are due and payable within the time period stated on the invoice, measured from the date of the invoice, or if no due date is stated on an invoice, then payment therefor is due thirty (30) days after delivery of the goods ordered. Ignyte may invoice parts of an Order separately, in Ignyte ‘s sole and absolute discretion. Customer agrees to pay interest on all past-due sums at the lesser of (i) eighteen percent (18%) per annum or (ii) the highest rate allowed by law; and Customer agrees to pay a late fee for each invoice not paid when due equal to the greater of (i) five percent (5%) of the amount not timely paid or (ii) one hundred dollars ($100). In addition to the principle amount owed, any applicable interest, late fees, attorneys’ fees and any other applicable costs or expenses, Customer agrees to pay thirty-three and one-third percent (33 1/3%) of the unpaid balance as a collection fee if Customer’s account is turned over to a collection agency. Customer is also responsible for any and all reasonable attorneys’ fees, court costs and other expenses arising out of any litigation concerning the collection of Customer’s account. Customer is responsible for any applicable sales taxes and any other taxes associated with an Order, whether such taxes are collected at the time of sale or not. On all COD orders, Ignyte will accept a cashier’s check or money order only. Ignyte does not apply any surcharge for purchases made by credit cards.
Shipping and handling charges vary due to weight, destination, speed of delivery, method of delivery, carrier and other factors. Please contact your Ignyte account manager for our most current shipping rates. For your protection, we may elect to ship only to the verified billing address of Customer’s credit card. International shipping may be available in some circumstances, in the sole and absolute discretion of Ignyte. No freight credit will be issued in the event of any shipping delays caused by acts of nature. The maximum credit for shipping charges on an air package that is delivered late where the delay is caused by Ignyte is equal to the cost difference between the method of shipment selected and the next lower shipping level. Any untimely performance of any of the terms, covenants and conditions of this Sales Agreement by Ignyte due in whole or in part to any strike, lockout, labor trouble, civil disorder, inability to procure goods, parts or materials, power failure, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties, acts of God, acts caused by Customer or any other cause beyond the reasonable control of Ignyte shall not be deemed a default of Ignyte and the time for performance shall be extended by the period of delay resulting from such cause.
Ignyte offers a return policy on selected items. Returns will be accepted only within the lesser of thirty (30) days or the return period set by the manufacturer for the product being returned, and in all cases subject to the return policies of such manufacturer. The interpretation of the manufacturer’s return policies is in the sole and absolute discretion of Ignyte. For further information about the return policy of a specific manufacturer, please contact your Ignyte account manager.
No returns will be accepted without a Return Merchandise Authorization (”RMA”) number. Please call 312-429-6510 or e-mail our Returns Department at firstname.lastname@example.org to obtain an RMA number before shipping your product. Ignyte assumes no risk, responsibility or liability whatsoever for products returned without an RMA number. For faster service, please have the following information available when calling for an RMA number: Customer name, product part number, invoice number, serial number and nature of the problem. All products returned MUST be: one hundred percent (100%) complete. For purposes of the return policy, “complete” is defined as all items being returned with ALL of the original boxes and packing materials, having all original UPC codes intact on the manufacturer’s boxes, containing all manuals, blank warranty cards and all other accessories and documentation provided by the manufacturer.
Notwithstanding the foregoing, due to manufacturer’s policies, Ignyte cannot accept returns of the following items for exchange, replacement or credit FOR ANY REASON: Apple, Compaq, IBM, and Hewlett Packard. Due to manufacturer return policies, only inoperable products from these manufactures may be returned: 3COM, Acer, Adtran, All Generic Memory, American Power Conversion, Ascend/Lucent, ATI Technologies, Belkin, Cisco, Cornerstone, Fujitsu, Intel, Mylex, Onstream, Palm, Pinnacle Systems, Quantum, Sharp, Tandberg Data. This list may not represent all of the manufacturers with restrictive return policies. This list of manufacturers with restrictive return policies may change from time to time in the sole and absolute discretion of the manufacturers or Ignyte. Unopened full-version software products may be returned for refund or exchange within thirty (30) days of invoice date. Multiple software licenses and product upgrades cannot be returned for refund or exchange unless first authorized by the manufacturer, no exceptions, and multiple software licenses and product upgrades may not be returned beyond thirty (30) days for any reason.
Most defective products (except computers, printers and software) may be returned for repair or replacement only, at the sole and absolute discretion of Ignyte, within thirty (30) days of the invoice date. Ignyte will not charge a return-processing fee when a defective item is repaired or replaced with the identical item within the return policy period. All non-defective returns (except software) for credit or exchange are subject to a fifteen percent (15%) return-processing fee/restocking fee and must be completed within thirty (30) days of the invoice date. The minimum return-processing fee/restocking fee for any refund or credit is twenty-five dollars ($25.00).
Customer is responsible for all shipping charges on returned items. Ignyte strongly recommends fully insuring a return shipment in case it is lost or damaged and using a carrier that can provide proof of delivery. Any item that is missing the UPC can ONLY be replaced with the same item. After thirty (30) days, no returns will be accepted and all manufacturers’ warranties apply. Consumable products like toner, ink cartridges, drum and paper are non-returnable if the manufacturer’s factory seal has been broken. Any such defective products must be returned directly to the manufacturer. Discontinued or end of life products can only be returned for repair, and no refunds or exchanges on such products can be made. Ignyte reserves the right in its sole and absolute discretion to authorize product returns beyond thirty (30) days from the invoice date. If a product is accepted for return after thirty (30) days, credit will be issued toward FUTURE PURCHASES FROM IGNYTE ONLY. Original shipping charges are not refunded on returned items.
This Sales Agreement and all Orders made hereunder shall be governed by, and construed in accordance with, the laws of the State of Illinois, without reference to its Conflict of Law principles. Any legal action or proceeding related to an Order or otherwise arising out of this Sales Agreement shall be brought solely and exclusively in the state or federal courts located in Cook County, Illinois, and Customer consents and submits to personal jurisdiction and proper venue in such courts.
If any provision in this Sales Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions hereof will not in any way be affected or impaired thereby.
Any failure to enforce any provision hereof shall not constitute a waiver of such provision or of any subsequent failure to perform any obligation hereunder.
Under the Sales Agreement, electronic signatures will be accepted as though they are handwritten original signatures. Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application. By contacting Ignyte at the address provided below, Customer may withdraw consent to receiving electronic records or may request to have the records provided in non-electronic form.