TERMS AND CONDITIONS OF USE

By browsing or using Best Call Computer Supply or bestcallcomputer.com Site, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms, please do not use this Site. These terms and conditions of sales are the terms and conditions upon which Best Call Computer Supply, Inc., “BCCS”, make all sales. BCCS will not accept any other terms and conditions of sale, unless Buyer and BCCS have executed a master contract which specifically supersedes and replaces these terms and conditions. Acceptance of all purchase orders is expressly made conditional upon Buyer's assent, expressed or implied, to the terms and conditions set forth herein without modification or addition. Orders are not binding upon BCCS until accepted by BCCS. Terms of payment are within BCCS's sole discretion.

1. ACCEPTANCE

Buyer's acceptance of these terms and conditions shall be indicated by any of the following, whichever first occurs: (a) Buyer's making of an offer to purchase Product from BCCS; (b) Buyer's written acknowledgment hereof; (c) Buyer's acceptance of any shipment of any part of the items specified for delivery (the "Products"); or (d) any other act or expression of acceptance by Buyer. BCCS’s acceptance is expressly limited to the terms and conditions hereof in their entirety without addition, modification or exception, and any term, condition or proposals hereafter submitted by Buyer (whether oral or in writing) which is inconsistent with or in addition to the terms and conditions set forth hereon is objected to and is hereby rejected by BCCS. BCCS’ silence or failure to respond to any such subsequent or different term, condition or proposal shall not be deemed to be BCCS’s acceptance or approval thereof.

2. DELIVERY

Unless otherwise agreed in writing, delivery shall be made in accordance with BCCS’s shipping policy in effect on the date of shipment. For all domestic transactions, unless otherwise stated on the front of the invoice, title to, and all risk of loss or damage with respect to the Products shall pass to Buyer upon delivery by BCCS to the carrier or Buyer's representative at BCCS’s warehouse. Buyer shall promptly notify BCCS, in no event later than five (5) business days after delivery, of any claimed shortages or rejection as to any delivery. Such notice shall be in writing and shall be reasonably detailed, stating the grounds for any such rejection. Failure to give any such notice within such time shall be deemed an acceptance in full of any such delivery. BCCS shall not be liable for any shipment delays beyond the reasonable control of BCCS which affect BCCS or any of BCCS’s suppliers, including, but not limited to, delays caused by unavailability or shortages of Products from BCCS’s suppliers; natural disasters, acts of war; acts or omissions of Buyer; fire, strike, riot, or governmental interference; unavailability or shortage of materials, labor, fuel or power through normal commercial channels at customary and reasonable rates; failure or destruction of plant or equipment arising from any cause whatsoever; or transport failures.

3. PRICE AND PAYMENT

Buyer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes), however designated or levied on the sale of the Products (or the delivery thereof) or measured by the purchase price paid for the Products. (BCCS's prices set forth on the front side of the invoice does not include such taxes, fees and charges.) Exemption certificates must be presented prior to shipment if they are to be honored. Unless otherwise specified, payment terms are COD. BCCS, at its discretion, may require reasonable advance assurances of payment through irrevocable bank letters of credit or otherwise. A finance charge of 1.5% (annual rate of 18%) will be charged on all past due balances per month commencing upon the date payment is due. Buyer's failure to make timely payment may result in such action as commencement of proceedings for collection, revocation of credit, stoppage of shipment, delay or cessation of future deliveries, repossession of unpaid delivered goods and termination of any one or more sales agreements. Notwithstanding any "net" payment provisions specified on the invoice, BCCS shall have no continuing obligation to deliver Products on credit, and any credit approval may be withdrawn by BCCS at any time and without prior notice. BCCS retains (and Buyer grants to BCCS by submitting a purchase order) a security interest in the Products to secure payment in full and compliance with all sales agreements, and Buyer agrees to execute any additional documents necessary to perfect such security interest. In the event the sales invoice shall be placed by BCCS in the hands of an attorney for the purpose of collection, with or without litigation, or for the purpose of enforcing BCCS 's security interest in the Products, the Buyer agrees to pay any and all costs associated with such placement, including, without limitation, attorney's fees and costs incurred prior to, during, or subsequent to trial, and including, without limitation, collection, bankruptcy, or other creditor's rights proceedings.

4. PRODUCT RETURNS

Return of Products purchased hereunder, whether for stock balancing purposes or because such Products are claimed to be defective, shall be governed by BCCS 's Product Return policies in effect on the date of the invoice, or as otherwise provided by BCCS to Buyer in writing. BCCS reserves the right to modify or eliminate such policies at any time. Although BCCS 's policies may permit Buyer to return Products claimed to be defective under certain circumstances, BCCS makes no representations or warranties of any kind with respect to the Products. BCCS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BCCS WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE FOR BREACH OF WARRANTY. The right to return defective Products, as previously described, shall constitute BCCS 's sole liability and Buyer's exclusive remedy in connection with any claim of any kind relating to the quality, condition or performance of any Product, whether such claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise. In the event BCCS issues a return authorization to Buyer allowing Buyer to return Product to BCCS, Buyer will deliver the Product to BCCS 's address in the United States, if so required by BCCS, and Buyer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes), however designated or levied, on any replacement Product to be shipped by BCCS to Buyer. All non-defective Returns must be paid freight pre-paid. There is a 30-day return policy guarantee on selected items based on manufacturer return policies, except 15-day guarantee for software and hardware products unopened and returned in original manufacturers box. Multiple software licenses cannot be returned for refund or exchange unless first authorized by the manufacturer. Multiple licenses may not be returned beyond 30 days for any reason. All products returned MUST: be 100 percent complete and contain ALL original manufacturer boxes with the original UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. After 30 days and at BCCS’s discretion, product can only be returned on an exchange basis. Original shipping charges are not refunded on returned items. Customer is responsible for shipping charges and risk of loss on all return shipments. BCCS highly recommends using a reputable shipping carrier capable of providing proof of delivery, as well as properly packing and fully insuring your return shipment.

We cannot accept returned product under any circumstances 3-6 months after shipment depending on product.

To return any and all product, it is necessary to call our Customer Service for approval prior to the return of any product. Please call (310) 876-3101 Monday through Friday between 8:30am - 4:30pm PST, and please have the following information available when you call:

• Your account number
• The invoice number
• Part number of product to be returned
• Quantity to be returned
• Reason for the return
• Date of Purchase
  

We will assign a Return Authorization Number. For defective product BCCS will mail a Return Authorization label with shipping instructions to you.

No returns will be accepted without this number.

Return Authorization labels are valid for 30 days after date of issue.

Returns must be in original packaging and factory sealed where applicable. If the product is not received in salable condition it will be returned to you. Special order items are not returnable.

Return of defective product is accepted according to the manufacturer's return policies. There is a 15% restocking fee on returns on non-defective goods.

Due to manufacturers' policies, products from the following brands are accepted for repair only: Apple, Compaq, IBM, and Hewlett-Packard. BCCS may not accept returns for exchange, replacement or credit. If you receive a unit that is inoperable FOR ANY REASON, you may contact us for information on warranty service through BCCS, the manufacturer direct or any authorized service center in your area. Due to manufacturer's policies, all Sun Microsystems products are non-returnable; BCCS cannot make any exceptions to allow returns on these items, for any reason. Customers must contact Sun Microsystems directly for service. Additional manufacturers may be added to this list as: manufacturer policies change, manufacturers go out of business or in the case of specially ordered items.

5. LIMITATION OF LIABILITY

BCCS shall not be liable under any circumstances for any special, consequential, incidental, PUNITIVE or exemplary damages arising out of or in any way connected with the agreement to sell Product to Buyer or the Product, including, but not limited to, damages for lost profits, loss of use, lost data or for any damages or sums paid by Buyer to third parties, even if BCCS has been advised of possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise. BCCS assumes no liability or responsibility for any errors or omissions in the content on the Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. If you are under 18 years old, you may use the Site only with a parent or guardian. BCCS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

6. INDEMNITY

You agree to defend, indemnify and hold BCCS, its subsidiaries, affiliates, co-brand partners or other partners, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site or your breach of these Terms of Use and Privacy Statement. BCCS shall provide notice to you promptly of any such claim, suit or proceeding.

7. GENERAL

These terms and conditions shall constitute the final, complete and exclusive agreement of the parties with respect to all sales by BCCS to Buyer and shall supersede all prior offers, negotiations, understandings and agreements. Unless Buyer and BCCS have executed a master contract which specifically supersedes and replaces the terms and conditions herein, it is expressly agreed that no prior or contemporaneous agreement or understanding, whether written or oral, shall contradict, modify, supplement or explain the terms and conditions contained herein. No additional or different terms or conditions, whether material or immaterial, shall become a part of any sales agreement unless expressly accepted in writing by an authorized officer of BCCS in the United States. Any waiver by BCCS of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or of any future defaults hereunder. No failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or enforcement of rights hereunder. Any provision of these terms and conditions that is prohibited or unenforceable under the laws of the State of California shall be ineffective to the extent of such prohibition or unenforceability, without impairing or invalidating the remaining provisions of these terms and conditions. All sales agreements shall be deemed made in, and shall be governed by, the laws of the State of California. The venue for any disputes arising out of any sales agreement shall be, at BCCS 's sole and exclusive option, California or the courts with proper jurisdiction at Buyer's location.

8. PRICING AND INFORMATION DISCLAIMER

The prices advertised on this site are for Internet orders. Prices on some items may differ from those charged elsewhere. BCCS reserves the right to reduce or increase our prices any time without prior notice. All pricing is subject to change but customer will be notified before shipping. For all prices, products and offers, BCCS reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. . We reserve the right to limit sales to anyone. We are not responsible for typographical or photographic errors. For high volume bids BCCS encourages you to call (310) 876-3101 and speak with your sales representative.

9. CANCELLATION POLICY

Once a product has shipped the order cannot be canceled. When the product arrives, a Return Authorization label can be requested from Customer Service, (310) 876-3101.

10. USER COMMENTS AND OTHER INFORMATION

(“Communications”) Provided By You.

Any material, information, and ideas that you transmit to this Site or otherwise provide (“Communications”) to BCCS shall be and remain BCCS Property. All incoming Communications will be treated as non_-confidential and non-proprietary, unless BCCS chooses to make it confidential.

11. TERMS OF USE REVISIONS AND UPDATES

BCCS may revise these terms through updates of this posting. You agree that in the event any portion of these Site terms of use is found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site you agree to be bound by any such revisions or updates and should therefore periodically visit this page to determine the then current terms of use to which you are bound.