These Terms constitute a binding contract between Customer and WSL. Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Website (the "Site"). These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
c o n t a c t @ 1 9 3 3 k e y . c o m
...and we'll try to assist you as best as possible.
Prices are listed in our catalogs and Web site, and are subject to change without notice. Prices for certain government, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties. Payment is due before shipment, unless credit terms have been arranged in advance with our credit department. In such case, payment terms shall be as set forth in the credit agreement.
Shipping; Risk of Loss; Security Interest
WSL will by default arrange payment for shipping with the carrier. Shipping and handling fees for shipments, unless a special promotion or contract term provides otherwise, include the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the customer. Risk of loss is upon Customer once we deliver the product to the carrier. and tracking details are reported. Delivery times are estimates based on carrier information and WLS is not be liable for delays. Online tracking information is provided for all shipments for WSL and clients both to monitor transportation of goods.
WSL retains a security interest in the products until payment in full is received and products are received by carrier. Limited Manufacturer's Warranty
Customer understands that WSL promotes and supplies products purchased by Customer hereunder and warranties offered are as is. In purchasing the products, Customer is relying on the displayed specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by us. In connection with services, neither affiliates of WSL nor third party service providers are our agents and we have no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers.
We warrant that we have good title to the hardware products we sell, and that we have proper authority to license the software products we distribute.
We do not warrant the performance or integrity of any Product, but support the Customer with end-user warranties the manufacturers or software publishers provide with their respective products.
STATEMENTS MADE TO YOU IN THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE SALE ARE SUBJECT TO WSL'S INFORMATION AND READINESS DISCLOSURE POLICY. IN THE CASE OF A DISPUTE, THIS POLICY MAY REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF.
WSL AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF WSL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
WSL expresses limited control over the technology of the Products sold herein, and therefore cannot and does not indemnify Customer for claims by third parties that Products infringe any patent, copyright, trademark or trade secret(s). WSL will pass through any such indemnity it receives from the Product components supplier or manufacturer.Pricing Information; Availability; Errors and omissions Disclaimer
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that it will be able to fulfill Customer's orders.
We make every effort to ensure the accuracy of the information published in our catalogs and on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.
If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other Web sites or price engines are accurate or up-to-date.Limitation of Liability
NEITHER WSL NOR ITS AFFILIATES WILL 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. NEITHER WSL NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY WSL OR ITS AFFILIATES, NEITHER WSL NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
We will not be responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Third Party Services
Customer acknowledges and agrees that we and our affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases WSL, and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax. All amounts, including taxes, associated with third party services are being collected by us solely in the capacity as an independent sales agent.Orders; Payment Terms
Orders are not binding upon us until accepted and confirmed by us. Customer is responsible for, and will indemnify and hold WSL harmless from, any applicable sales, use or other taxes or federal, state, provincial or local fees or assessments associated with the order. Payments for Purchase
We currently accept Western Union and telegraphic transfer (T/T) payments for orders. For other methods of payment, we may examine the merits of alternate payment options on a case-by-case basis.
T/T is a method of prepayment or advance payment used in international or domestic transactions where the buyer/importer pays the seller in advance before receiving goods or services to secure orders placed to most foreign factories. A buyer/importer can pay the exporter using cash, T/T, Western Union or Money Gram or other payments when agreed by both parties. T/T the most common payment method that requires the use of cable or telegraph (less in use these days) to remit funds. Money does not physically move. The order to pay is wired to a banking institution account to make payment to a company or individual. The same principle applies with Western Union and Money Gram. IMPORTANT NOTE:
T/T and Western Union fees vary per bank or agent, and are NOT
included in unit or carton prices. Some banks are inclined to deduct additional inter-bank service fees from the actual transfer amount if customers do not specifically pay bank fees separately. We will release products for shipping when the full product amount is received. It is strongly recommended customers confirm with their bank at the time of T/T that the complete purchase amount will be transferred to our account. Return Privileges
All returns require prior authorization. Returns must be authorized by us. We will replace or repair, at our sole discretion, any product that is deemed defective. Customer must ship defective goods in original packaging (without accessories) to WSL, and upon return (replaced or repaired), WSL will ship back to Customer. Wholesalers handling quantities of goods shall effectively communicate with WSL scheduled returns, for faster returns.
All non-defective returns authorized by WSL are subject to a 25% restocking/rehandling fee, and must be returned within 30 days from date of invoice. Failure to return a product (by end-users) within the applicable return period will be deemed to be an acceptance of the product. Damaged Products
If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify WSL immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify us (email: c o n t a c t @ 1 9 3 3 k e y . c o m) of damaged products WITHIN THE FIRST 5 DAYS of receipt. Timely receipt of this information is necessary for WSL to file damage claims (Please note: photos of damaged packaging and product upon arrival will help facilitate shipments of new replacements immediately). Entire Agreement
These Terms constitute the entire agreement between Customer and WSL relating to the sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting us at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms contained herein and in our invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice related thereto. This section may not apply if there is a written contract between Customer and WSL.
In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.