Multi-Media Solutions Terms and Conditions
MMS
Terms and Conditions
On-Line
Purchases may have differing Terms & Conditions, as specified below
Multi-Media Solutions, Inc.
Terms and Conditions
Application of Terms and Conditions: These Terms and
Conditions shall apply to all (sales, rentals and service) transactions
by Multi-Media Solutions, Inc., hereby referenced as MMS to any Customer
and shall apply in place of, and prevail over, any previous terms or conditions
unless specifically agreed to in writing by MMS.
Warranty: The warranty delivered to MMS by the manufacturer
or other supplier thereof shall be the sole warranty, express or implied
of the product purchased or leased or rented. Under no circumstances shall
MMS's liability exceed the cost of the defective or damaged product. Projector
lamps are not covered or replaced under any warranty unless otherwise
stated by manufacturer. Product registration for the commencement or extension
of warranty is sole responsibility of customer. Warranties may not be
honored if warranty registration by the end-user is not completed. Installation,
configuration, and programming performed by MMS shall be under warranty
for a period of ninety (90) days beginning from day of labor.
Substitution: Because of the constantly improving
state of technology, we reserve the right to revise, change and/or substitute
product features, dimensions, specifications, architectural detail, designs & prices
with appropriate consultation with the customer. Copyright Multi-Media
Solutions Inc.
Transfer of Ownership: Ownership of the item(s) purchased
will be transferred to the customer or recipient based on the FOB point
definition as stated on the customer invoice or related product quotation.
For those items shipped “FOB Destination”, ownership is transferred
upon delivery of the item(s) to the assigned delivery or shipping point.
Items shipped “FOB Shipping Point” or “FOB Origin”,
ownership is transferred once the item(s) leave the shipping dock of the
shipper (MMS or assigned shipping point). Shipping charges may be indicated
as a separate line item on the Invoice for either FOB point. You will
be charged $20.00 plus return shipping charges for any shipment that is
refused. MMS does not ship on Saturday or Sunday.
Liability: No liability is assumed by MMS for damage
and/or injury resulting from use of products supplied.
Freight Damages: All shipments must be inspected carefully
upon receipt. Before signing the freight bill, note any damage in writing
on the freight bill. Concealed damage is the responsibility of the consignee
and must be reported to the delivery carrier within 24 hours. Failure
to do so places responsibility for loss with the consignee.
Returned Items: There are no returns after 30 days.
Custom items not eligible for return. All returns are subject to management
approval. Products purchased, which are available for rental by MMS, will
incur a restocking fee equivalent to our posted daily rental rate multiplied
by the number of days since receipt by the customer until the returned
item is accepted by MMS or a restocking fee of 20% plus freight charges,
which ever is greater. All other products will incur a 20% plus freight
charges restocking fee. Items returned damaged or in non-new condition
may incur additional charges not to exceed the replacement or repair cost
of that item.If an item is determined to have been received
DOA within 15 days of receipt, a replacement unit will be issued at no
cost once the DOA unit is received. An RMA number must be obtained prior
to returning DOA units.
Returns: A Return Materials Authorization (RMA) number
is required before any items are returned to MMS. Items returned to MMS
without an RMA may be refused delivery. To obtain an RMA, call MMS (or
request via e-mail to info@m-media.com) between 8:30am and 4:00pm Eastern
time, describing the product, its serial number, invoice number and brief
description of the problem. All items must display the RMA on the shipping
label and must be shipped pre-paid. Shipping charges are not refundable.
Any manuals, cables, etc., that are missing will result in the rejection
of the return or an additional restocking fee will be assessed. All returned
items are subject to a 20% restocking fee.
Methods of Payment: MMS accepts Visa, MasterCard, and
American Express with US Bank issued credit card with US Funds only. Purchase
orders and company checks will be accepted with prior credit approval
from our accounting department. All payments must be in US dollars. Sales
into TN, NC, OH, TX, FL, NY, SD, CA, GA, PA, IL & Washington, DC are
subject to all applicable sales tax. Items purchased will only be shipped
to U.S. addresses.
Items shipped outside the U.S.A. borders or to companies or individuals
outside the U.S.A. will require wire transfer of funds before any items
shipped.
Purchase Orders: Purchase Orders received by MMS from
a Customer which are approved by and endorsed by said Customer will be
construed as a Contract and/or Agreement to Purchase said item(s). Purchase
Orders received by MMS may be cancelled by Customer without incurring
any restocking fees providing that the cancellation by an authorized person
of the Customer occurs before the purchased items are shipped to fulfill
the Purchase Order. If the items within the Purchase Order has already
been shipped prior to notice of cancellation, above Restocking Fees may
apply. Custom orders may not be cancelled.
Invoices and Payments: In the event of the Customer’s
default in payment for products, the Customer shall be responsible for
all reasonable costs and expense incurred by MMS in collecting any sums
owed by the Customer (including any costs of collecting on a judgement),
and MMS shall not be obligated to make any further deliveries to the Customer.
Such reasonable costs and expenses shall include, but not be limited to,
reasonable attorney's fees. Payments received 30 or more days past invoice
due date shall be subject to and accrue interest at a rate of 1.5% per
month or the highest allowed by Tennessee state law to defray MMS's cost
of carrying such balance. MMS and Customer agree that the exclusive jurisdiction
and venue of any action brought to collect past due invoices or statements
or to enforce any provision of this agreement shall be the Circuit Court
of Blount County, TN. Customer agrees that the Customer will not institute
any litigation against MMS upon any claim whatsoever except in the Circuit
Court of Blount County, TN. Customer further agrees that the Customer
will not set off any disputes or claims against undisputed invoices or
statements.
Resellers: Not all items are eligible for resell.
Initial orders must be prepaid via wire transfer. Resale certificate must
be supplied
Returned Checks: Customers will be assessed a service
charge of $20.00 for each check returned to MMS's bank. MMS reserves the
right to re-deposit the check and institute a credit hold until the check
clears. If the check does not clear upon re-deposit, MMS will immediately
enact a credit hold and charge the customer's account an amount equal
to 2% of the face amount of the check. Payment will be required via wire
transfer within 24 hours, or the account will be placed for collection.
Waiver: Failure by MMS to enforce any rights hereunder
shall not be deemed a waiver of any such rights, nor operate so as to
bar the exercise or enforcement thereof at any time thereafter.
Entire Agreement: These Terms and Conditions represent
the entire understanding of the parties with respect to the subject matter
contained therein and no side agreements or representations shall be of
force or effect.
Multi-Media Solutions, Inc. (MMS) is grateful for the opportunity to
provide product and services to you, our valued customer. You should expect
the best of customer support services from MMS and it is asked that you
immediately contact MMS at 800-968-7907 if we fall short of expectations.
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© 2008 Multi-Media Solutions, Inc. |
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