Princeton Technology Terms And Conditions Of Sale

1. Payment. Unless otherwise stated on the face hereof, all payments shall be pre paid or due upon receipt of invoice. On any amounts not paid when due, customer agrees to pay interest at the rate of 1-1/2% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then the highest rate allowed by law. In addition, customer agrees to pay all costs of collection, including costs of litigation and reasonable attorney's fees. Princeton reserves the right to obtain a security interest in the products sold to customer, and in proceeds thereof, until payment is made in full by customer. Customer agrees to execute financing statements and other instruments at Princeton's request. A $50.00 collection fee will be charged for all dishonored checks.

2. Taxes. Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. All such duties or taxes shall be paid by customer, or, in lieu thereof, customer shall provide Princeton with an appropriate tax exemption certificate.

3. Title. Title to products passes from Princeton to customer upon shipment from Princeton's facility.

4. F.O.B. and Risk of Loss. Unless otherwise stated on the face hereof, all shipments are F.O.B. Princeton's Irvine, California facility. Princeton's liability for delivery shall cease, and title and all risk of loss or damage shall pass to customer upon delivery to carrier.

5. Terms of limited warranty. Princeton Technology warrants to the original customer purchasing products directly from Princeton Technology that all such products sold will be free from defects in materials and workmanship affecting form, fit and function. Any claim alleging that any product fails to conform to the foregoing warranty may be made only by the customer who purchased such product and only while such customer owns such product. Princeton Technology, at its option, will repair, replace, or provide a credit or refund of either the original purchase price or fair market value, whichever is lower, for any product covered by this Lifetime Limited Warranty that is determined by Princeton Technology to be defective. Princeton Technology reserves the right to substitute functionally equivalent new or serviceable used parts. The Lifetime Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than Princeton Technology. If Princeton Technology determines that failure of the product(s) was not a result of a defect in materials or workmanship, Princeton Technology reserves the right to charge customer for parts and labor at Princeton Technology's then current labor rate or a 20% stocking fee. Princeton Technology will advise customer prior to assessing these charges or other charges associated with return of products. Customer must call Princeton Technology for proper RMA and return procedures.

6. Limitations. THE PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS. EXCEPT AS SET FORTH HEREIN, PRINCETON TECHNOLOGY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND PRINCETON TECHNOLOGY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES, OR ANY WARRANTIES OR INDEMNITIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL PRINCETON TECHNOLOGY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. CLAIMS AGAINST PRINCETON TECHNOLOGY FOR SHORTAGES SHALL BE DEEMED WAIVED IF NOT MADE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF THE SHIPMENT.

7. Return procedures. Please contact the place of purchase for return procedures. If customer purchased product(s) directly from Princeton Technology, then customer shall return the product(s) to Princeton Technology pursuant to the following terms. Customer must obtain a Return Material Authorization ("RMA") number by calling customer service at 949 851 7776 Returned products should be shipped to the following address:

Princeton Technology, Inc.
Attn: RMA Dept - RMA# _______
1691 Browning Ave.
Irvine, CA 92606

Customer shall return the products to Princeton Technology in the original packaging and enveloped in the original antistatic bags. Princeton Technology will not be responsible for damaged parts if customer does not follow this process. Please retain shipping information, including tracking numbers, until your account has been credited by Princeton Technology or replacement product is received. If Princeton Technology determines that failure of the product(s) was not a result of a defect in materials or workmanship, Princeton Technology reserves the right to charge customer for parts and labor at Princeton Technology's then current labor rate or charge customer a 20% restocking fee. Princeton Technology will advise customer prior to assessing these charges.

8. Assignment. Customer may not assign its rights or obligations hereunder without the express prior written consent of Princeton.

9. Entire agreement. These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.

10. Governing law, jurisdiction and costs. This agreement is governed by the laws of the State of California, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that California is an appropriate place for venue of any litigation and that California courts have jurisdiction over this agreement and customer. In the event the customer and Princeton are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred.

11. Terms and Conditions. This sale is subject to the terms and conditions stated herein, which are in lieu of and replace any and all terms and conditions set forth in any documents issued by customer, including, without limitation, purchase orders and specifications. In case of conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY PRINCETON, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON PRINCETON. CUSTOMER'S REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER REMEDIES AVAILABLE TO REPRESENTATIVE, WHETHER PROVIDED AT LAW, EQUITY OR OTHERWISE

12. Other Products. All Princeton brand Flash products, media and readers carry a limited warranty of six months from the date of purchase.  All other products, with the exception of memory, are covered by the warranty issued by the manufacturer of the product’s. Princeton Technology will accept refunds of these products for seven days after the sale. After seven days, all warranty and returns must be done through the products manufacturer. All returns, other than for defective items, are subject to a 20% restocking fee. Special Order items, not normally stocked by Princeton Technology, that have been requested by the customer are purchased by the customer under a no refund, no exchange policy. The item description will state 'Special Order, No refunds' on the invoice. This applies only to Special Order items.

All policies are subject to change without notice.

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