General
The OnSale mail-order catalogs and onsale.com Web site were created by OnSale for the exclusive use of our customers, and are intended for research and buying purposes only. No OnSale or OnSale print or online publication may be duplicated, redistributed or modified in whole or part without prior written authorization from OnSale. For the purposes of these terms and conditions, "OnSale " shall be taken to include OnSale and onsale.com. All OnSale policies, terms and conditions are subject to change without notice. If the General Terms and Conditions provided on our Web site do not answer your specific questions, or if you need more detailed information, please contact your Account Executive at (888) 760-0300. Right of Offset
At any time that an amount is due OnSale, OnSale shall have the right, without prior notice, to set off and apply any amounts otherwise owed by OnSale to purchaser, to any amounts owed to OnSale by purchaser, in all cases. Prices & Availability
Because of the fast-moving nature of the industry, prices and availability are subject to change without notice. OnSale is unable to issue price adjustments due to manufacturer price changes after date of original sale. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice. Your OnSale Account Executive will inform you when a product is not in stock, and can tell you when we expect the product will be available. Anticipated delivery dates are based upon vendor supplied information and are subject to change. Typographic, Photographic and Technical Errors
Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of shipment. We reserve the right to substitute equivalent items. If an error is made and a product is listed at an erroneous price, OnSale may, at its discretion, refuse or cancel any orders placed at the incorrect price. If an order has been confirmed and charged to your credit card at the incorrect price, OnSale shall have the right to immediately issue a credit in the amount of the incorrect price. Warranty Disclaimer and Limitations on Liability:
OnSale PASSES THROUGH TO ITS CUSTOMERS ALL MANUFACTURERS’ WARRANTEES AND GUARANTEES THAT ARE PROVIDED FOR THE PRODUCTS IT SELLS. OnSale MAKES NO ADDITIONAL OR INDEPENDENT WARRANTIES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OnSale DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OnSale SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTAL (INCLUDING LOST PROFITS OR OPPORTUNITIES), OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF OnSale FOR ALL DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT. LIKEWISE, OnSale WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS CATALOG OR WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. ALL MERCHANDISE IS SOLD "AS IS". PLEASE CHECK MANUFACTURER PACKAGING AND MATERIALS FOR COMPATIBILITY. OnSale MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE SOLD. WE ARE NOT RESPONSIBLE FOR SYSTEM DOWNTIME, LOST DATA, ETC.THIS DISCLAIMER BY OnSale IN NO WAY AFFECTS THE TERMS OF ANY APPLICABLE MANUFACTURERS’ WARRANTIES OR GUARANTEES. OnSale WILL PROVIDE COPIES OF SUCH WARRANTIES AND GUARANTEES UPON REQUEST BY CALLING (888) 760-0300 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
Disputes:
Any claims against OnSale relating in any way to your purchases from OnSale shall be submitted to confidential arbitration in Los Angeles, California. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In any such arbitration, the parties shall be responsible for their own costs, expenses, and attorney’s fees. In the event that this arbitration provision is unenforceable, any litigation regarding this agreement or any transaction between the customer and OnSale shall be brought in the state or federal courts located in Los Angeles County, California, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper.
Governing Law:
Transactions between you and OnSale, and any disputes arising between you and OnSale related to any interaction between you and OnSale, including but not limited to claims relating to the content of its catalogs and website, shall be governed by and construed in accordance with the laws of the State of California without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This agreement, the policies printed in the OnSale catalogs and on the Onsale.com Web site, and the policies, terms and conditions stated on the applicable OnSale invoice or packing slip, constitute the entire agreement between the parties relating to the subject matter herein, and cannot be modified except in a written agreement signed by both parties.
Jurisdiction
Unless otherwise specified, this Web site is presented solely for the purpose of promoting products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by OnSale from its offices within the State of California, United States of America. Those who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with laws governing export of software and other applicable laws, including local laws, if and to the extent local laws are applicable.
Title Risk of Loss:
Title to items being purchased passes from OnSale to purchaser at the time of shipping. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. OnSale will not incur any forwarding costs on shipments. OnSale shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo, or other acts or events nothing within the reasonable control of OnSale.
Logos, Trademarks, Service Marks
OnSale, onsale.com and their respective logos are registered trademarks of PC Mall Sales, Inc. and all other distinctive site logos, marks and graphic elements on the onsale.com Web site are trademarks of PC Mall Sales, Inc. and are subject to applicable trademark protections. All other company, product, and service logos, marks and names in PC Mall Sales, Inc. print and online advertising are or may be trademarks or service marks of the companies and organizations mentioned. All trademarks and registered trademarks are used to benefit, without intent to infringe on, the holder of the mark.
Purchases for Export or Schools
If you purchase items for the purpose of export, you must obtain from the federal government certain export documentation, and that responsibility is solely yours. The terms of our agreements with some vendors represented in our online and print advertisements forbid us from exporting their products. Some products are not available for sale to schools. For specific issues contact our educational sales department at (888) 760-0300.
CPU purchases
Unless otherwise specifically indicated, monitors, speakers, and printers pictured in our publishings are sold separately on desktop or mainframe computers.
Internet disclaimer
Internet connectivity requires access services from an Internet Service provider. Contact your local Service Provider for Internet connectivity and access.
Third Party Service Contracts:
OnSale is a reseller of various service contracts issued by and performed by third party service providers. We are not the providers of the services described in those contracts, and the third party service provider is the only party responsible for performing, or arranging for performance, of those services. You agree that the third party service provider is solely responsible for fulfillment of the service obligations, and you agree that you will look only to the third party service provider for any loss, claims or damages arising from or relating to the purchase and performance of those services. You also agree to release OnSale from any and all claims arising from or relating to the purchase and performance of the services to be provided by the third party service providers. Taxes will be charged to applicable states.
Software Installations:
The customer gives OnSale permission to accept all software licenses on their behalf for any custom software installation.
