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TERMS AND CONDITIONS

We strive to offer the best possible service. If you have any questions regarding an invoice or your order, please contact your Sales Representative or email your question to sales netcomusa.com, or fax us at (949) 553-0550.


WARRANTY:
    Merchandise sold on an AS IS basis is indicated on the purchase order or invoice. If merchandise is sold on an AS IS basis it is expressly understood by buyer that there are no warranties, either express or implied, for such AS IS merchandise. Therefore seller makes no representation as or warranties either express or implied or in any other manner or form regarding the merchandise sold on an AS IS basis. In that regard seller and buyer specifically and unconditionally agree that there are no warranties of merchantability or fitness for a particular purpose or use imposed either by contract or law with regard to the merchandise sold on an AS IS basis. For any merchandise that is not designated AS IS, as herein set forth, any warranty for merchandise sold will not exceed the period of time stated on either the purchase order or Buyer and seller expressly and unconditionally agree that seller makes no express nor implied warranty or representation the product sold is fit for any particular purpose or use. Please inspect the entire contents of your package upon receipt. Report any discrepancies immediately to seller in accordance with these terms and conditions. If a product is covered by an express warranty such warranty is limited in its scope to defects in material and workmanship for the period of time indicated. Warranties, if any, begin to run from the date the product is shipped. It is expressly understood and agreed by buyer that whenever any product contains a manufacturers express warranty, the manufacturer’s express warranty will be the sole and only warranty for the product. If there is no express manufacturer’s warranty, seller’s responsibility is limited to return of the merchandise to the manufacturer. Whenever these Terms and Conditions conflict with or are expanded or added to by any terms and conditions of the Buyer’s order, these Terms and Conditions shall govern and supersede the terms and conditions of the Buyer’s purchase order.

RETURNS:
    G-d forbid, in the event you need to return product, please call (949) 553.0110 for Return Authorization guidance. You will need to fill out the RMA form (under the Forms section on our site) in its entirety and email or print and fax to us in order to get a Return Authorization number, which must be clearly and visibly be written on the outside of the box once the item is shipped back to us. Only products and quantities authorized will be accepted.  Any alteration to the product (i.e., removal damage, or tampering of labels or seal, defacement of the product or abuse) will void the warranty-the product will be returned to you non-repaired, at your sole expense. You must complete and sign the Return Merchandise Form and return it with your merchandise. Attach a copy of your invoice to this form. For defective products covered by warranty, you must state problems encountered, exact environment in which problem occurred, and all steps taken to try to resolve problem. Include any supporting test results, documentation, etc. Returned products must be shipped in their original shipping boxes, with all packing material, manuals, cables, and cords, as originally packed by NetCom and received by customer. If you do not have your original packing material, and choose to ship your return in any other packaging, any resultant shipping damage will be your responsibility. Please adhere to the enclosed packaging guidelines. Please insure your return items. Products that arrive damaged in shipment will be returned to you non-repaired, at your sole expense. Product damaged in shipment due to improper packaging will void any warranty. All insurance, shipping, and transportation charges must be paid prior to returning product. NetCom will not pay inbound insurance, shipping, or transportation charges, or accept responsibility for loss or damage in transit to NetCom. For defective product covered by warranty, NetCom will prepay shipping of the repaired merchandise. Any merchandise testing No Problem Found will be subject to a 20% service fee and all shipping fees, and will be returned to the customer COD. A 20% restocking fee will be applicable on all returned merchandise and canceled orders. We strongly recommend you consult with a local technician or call for consultation before returning any product. Please allow at least 14 business days for processing of any return after our receipt of your product. RMA’s for Software(s) and/or Data Media(s) will not be given for any reason, Software(s) as well as Data Medias) are not returnable and not refundable under any circumstances.

TECHNICAL ASSISTANCE:
Technical support is available during normal business hours at (949) 553.0110 only for merchandise purchased from NetCom. Or you can fax information or questions 24 hours a day to (949) 553.0550.

CLAIMS:
Claims made for errors or shortages must be made to NetCom within 24 hours of receipt of shipment. External visible damage to a package must be noted to the courier and the shipment refused. Claims for goods damaged in transit must be filed against carrier.

LATE CHARGES:
5 % per month will be assessed on past due account.

COLLECTIONS:
The parties hereto agree that if it is necessary for either party to institute litigation, other than Small Claims Court actions, to enforce anything to do with or any provision of these contract, litigation may only be filed in the following counties in California: Orange County. If collection action is instituted to enforce any provision of this document, buyer agrees to pay all collection costs, court costs and reasonable attorney fees. If either party institutes Small Claims Court action, it must be done within jurisdiction of Orange County, California.

RETURN CHECK POLICY:
There will be a $30.00 service charge per check returned unpaid. Please note that issuing party may be held liable for three times the amount of the check plus the maximum penalties allowable by law.

LIMITATION OF LIABILITY:
NetCom will not be liable for special, incidental or consequential damages arising out of the use of these products and in no event shall the liability of NetCom exceed NetCom’s current selling price of the items originally purchased. Any credit issued is valid for 90 days from the date of issue and will expire if not used within that time period. As referred to in the WARRANTY section, NetCom accepts no liability, express or implied, for items covered under manufacturer’s warranty.

CREDIT CARD CHARGES:
buyer agrees that transfer of the seller’s merchandise to any courier of the buyer will serve as absolute authorization for seller to debit the credit card account of the buyer.

BUYER AGREES THAT THE TRANSFER OF SELLER’S MERCHANDISE TO ANY COURIER OF THE BUYER IS ACCEPTANCE OF THESE TERMS AND CONDITIONS.

ORDER PROCESSING

All required fields must be filled in completely so that we may process your order correctly and in a timely manner.

Your confirmed order number will make it easy to attempt changes and/or cancellations, may be used to check on the shipping status of your order, and will be required when needing technical assistance on your product. Therefore, please be sure to write this number down or simply print the order confirmation page for future reference.

Upon receipt of your order by NetCom Direct, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel or make a change to the order at your request.

Unless otherwise stated on the invoice, listed prices do not include any customs, duties, sales, use, value added, excise, federal, state, local or other taxes. You are responsible for any applicable taxes required by law.


PAYMENT INFORMATION

We accept Visa, Master Card, and American Express for all credit card orders. We cannot accept orders paid by credit cards originally issued by any financial institutions outside of the United States. (**All International Orders must be prepaid before product shipment**).

We also accept Cashier Checks, Money Orders, Personal Checks, Wire Transfers and PayPal. Please note, NetCom Direct will only ship your order after payment has cleared through our industry standard processing of these non-credit card payments.

Note: a $30 NSF fee shall be applied for any returned checks.

SHIPPING INFORMATION

NetCom Direct will make every effort to ship your product within 24 hours of receipt of your order when stock is available of your ordered item. All "Next Day Air" and "2nd Day Air" orders received before 11:00 a.m. Pacific Standard Time (PST) will be shipped out on the same day unless we are out of stock in which case you (the customer) will be notified by e-mail or telephone in a timely manner. Backordered items will be shipped out as soon as the product is available unless otherwise cancelled after customer notification of backorder.

NetCom Direct will not ship any credit card order to any address other than the billing address provided and approved for that card. If you wish to have your order shipped to a different address, please use one of the other acceptable payment methods as listed above.

All shipments made by NetCom Direct are insured and guaranteed against loss, theft and damage to the extent as allowed and provided by our respective freight carriers.

Refused or undeliverable shipments that are returned will be subject to a 20% or $25.00 re-stocking fee, whichever is greater, in addition to applicable shipping/transportation fees.

All orders will be shipped F.O.B. Irvine, CA unless otherwise agreed to in writing.


Products that are shipped outside the US may be subject to your country's taxes, tariffs, duties, and other such costs - in addition to your shipping costs. Sometimes these costs can be quite high. You are responsible to pay any such taxes, tariffs and customs when the product arrives in your country.

For International order quotes, please send us an e-mail to Info@NetComUSA.com
Please include the following information in your email:

Full Shipping Address
Name of the product you're requesting information about
Quantity to be shipped
How do you want us to ship the product(s) to you.

Requests must have all the above information to be processed.

RETURN MERCHANDISE AUTHORIZATION(RMA)

If you are a reseller and need to return product for any reason, please click one of the above links to review our standard RMA form. Please print out the document, fill in completely all required fields and fax to RMA dept. at 949.553.0550.

If you are an end-user and need to return product for any reason, please review our general RMA policies below. After reviewing, please click the link below the policies to send a request to our RMA dept.

GENERAL RMA POLICIES

1. All RMA numbers are valid for 10 days only. If product is not received by NetCom Direct within 10 days of issuance, RMA number will be void, and a new RMA number must be requested.
2. All returned product will be verified upon receipt at NetCom Direct. There will be a $5/unit handling charge for any product returned that was not purchased from NetCom Direct. These will be shipped back to customer at customer's expense.
3. Any Merchandise tested and/or "No Problem Found" will be subject to a 20% service fee and all shiping fees, or product(s) will be returned back to the customer via COD unless otherwise specified.
4. All products must be shipped in appropriate packaging so as to ensure safety of product. If the products are not packed properly and are damaged during shipping, the warranty may be voided and the product will be returned un-repaired at customer's expense.
5. All products that have physical damage will be returned un-repaired at customer's expense.
6. Damage or loss of products during shipping to NetCom Direct is the sole responsibility of customer.
7. NetCom Direct does not-Cross-Ship-under any circumstances.
8. All RMA's for defective products are for repair or replacement only, and RMA's may take 4-6 weeks for replacement.
9. Product must be in original condition and must be accompanied by all original packaging including manuals and/or software as may apply.
10. A traceable shipping method should be used when shipping your product to NetCom Direct. NetCom Direct will not assume responsibility for lost or damaged merchandise inbound to us.
11. RMA's for software or Data Media will not be given for any reason, and are not refundable
12. NetCom Direct has a 10 day return policy, customers may return products within 10 days from the date the product is shipped out and request a refund on the product (shipping charges are not refundable). All products must meet the return requirements listed above, failure to do so may void all return and warranty privileges. Returns after 10 days are subject to a 20% restocking fee. NO REFUNDS ON ANY ITEM AFTER 30 DAYS FROM THE DAY OF PURCHASE
13. Any merchandise testing "No Problem Found" will be subject to a 20% service fee and all shipping fees, and will be returned to the customer COD unless otherwise specified
14. A 20% Re-stocking fee may apply, if product(s) are returned within and/or after 10 days of the date that the product(s) were received. Returned merchandise and cancellation orders must be reported to RMA Dep. within 48 hrs.
We at NetCom Direct thank you for your cooperation in helping our RMA Department serve you better. If you have any questions pertaining to RMA issues, Please feel free to contact our RMA department at 949.553.0110

For End-Users, please click below to request an RMA # for your product: RMA@NetComUSADirect.com

WARRANTY INFORMATION

NetCom Direct warrants its products to be free from defects in material and workmanship for a period of 12 months from the shipment date to customer. Product on which warranty is claimed shall be shipped to NetCom Direct transportation and insurance prepaid. Products replaced by NetCom Direct shall be returned to customer transportation and insurance prepaid.

This warranty is for the benefit and applies to the customer only. In no case shall NetCom Direct's liability under this warranty exceed the price paid by the customer for the product in question. NetCom Direct will not be liable for indirect or consequential damages, particularly but not limited to loss of data. NetCom Direct makes no other warranties, expressed, or implied, and specifically disclaims any implied warranty of merchantability or fitness for a particular purpose.

The warranty set forth above shall not apply to any failure or deficiency which has been caused by misuse, neglect, alteration, unauthorized repair or modification, improper testing accident, or causes external to the product such as but no limited to excessive heat or humidity, power failure, or improper installation.

CUSTOMER & TECHNICAL SUPPORT INFORMATION

NetCom Direct's Support Department will do its best to answer all pre-sales and post-sales technical questions between the hours of 9:00 AM to 5:00 PM Monday through Friday.

For Pre-Sales please call 949.553.0110
For Technical Support please call 949.553.0110

RESELLER INFORMATION

Resellers are welcome to join our Reseller's Program! Please fax your request along with your Reseller's Permit and Bank & Trade References to 949.553.0550. Upon receipt of your Company information, one of our Management staff will contact you to follow up with your request. You may then enjoy the discounts and benefits of becoming a NetCom Direct reseller!

LEGAL DISCLAIMER

"NetCom Direct, Inc." and its affiliates hereby expressly disclaims liability and shall not be responsible in relation to our products or services for incidental, consequential, and contingent damages of any kind or nature, including without limitation: damages to persons or property, whether a claim for such damages is based upon warranty, contract, tort or otherwise; damages due to or arising out of the loss of data; or lost profits. Some products may vary in appearance and actual products may differ slightly from picture. NetCom Direct shall not be held liable for typographical errors, pricing, product information, advertising or shipping errors. Advertised prices, available quantities, and specifications are subject to change without notice.

COPYRIGHT & TRADEMARK STATEMENT

NetCom Direct, netcomusa.com, netcomusadirect.com, and the NetCom Logo are registered trademarks of NetCom Direct, Inc. All rights reserved. No part of this or any other NetCom Direct documentation, including but not limited to manuals, flyers, specification sheets, and letterhead may be reproduced without prior written consent from NetCom Direct.

All contents including but not limited to pictures, diagrams, descriptions, statistical data, and page layout, are copyrighted by NetCom Direct, Inc. Any unauthorized use or copying of these contents without NetCom Direct's express written consent, is strictly prohibited by law.

All other trademarks and logos used or referred to herein are the property of their respective owners.

PRIVACY STATEMENTS & POLICIES

NetCom Direct, Inc. is committed to the protection of your personal information. Our Privacy Statement contains the following important information regarding your use of the NetCom Direct web site:

COLLECTION OF YOUR PERSONAL INFORMATION

When you provide NetCom Direct with your personal information via the NetCom web site, we will inform you of the intended use. In all cases and respects, your information will be held in strict confidence. The types of personal information that we collect from you will depend on how you use the NetCom Direct web site. For example, when registering your product with NetCom we will collect details such as your name, email address, age, gender, and some details of your personal interests, your preferences for receiving commercial email and receiving market research surveys via email. Some of this information is essential for us to be able to accurately identify who is using the service and as such is mandatory.

Other types of information are collected to help us profile who is using the services and what their interests are. Information of this type is often optional - you need only fill it in if you wish to do so.

NetCom Direct records other information as well. This information is used to improve the structure and performance of the NetCom web site to provide the user with the best possible experience while visiting with our site. Whenever a page is requested from our web server, NetCom records the time, date and URL of the request, along with information on the browser software that is being used. We also anonymously track the pattern of visitor usage across the NetCom web site and to store shopping cart information. NetCom Direct will do this by issuing an anonymous user ID. This anonymous ID uses a feature in your web browser called a Cookie. This cookie identifies and recognizes the computer (but not the person using the computer) when you visit the NetCom Direct web site.

Cookies are pieces of information that a website can transfer to an individual's computer hard drive for record keeping. The use of cookies is an industry standard and you'll find most major websites use them. Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable cookies or to warn you when cookies are being used. However, if you disable cookies you will not be able to make an online purchase on our web site.

We will not collect any personal information from you revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or details of health, disability or sexual activity or orientation.

Exceptions to this rule include:

  • Where you have given express consent to NetCom Direct to do so.
  • Where there are reasonable grounds to believe that disclosure is necessary to prevent a threat to life or health.
  • The use is authorized by law or reasonably necessary to enforce the law or
  • When the information is necessary for the establishment, exercise or defense of a legal claim.
How we use your personal information

The personal information that you provide to NetCom Direct during registration of products and purchases on NetCom's web site is used for identification purposes and order processing only. Recording usage patterns helps us to identify the areas of our site that are popular and those that are not. By using cookies, users can specify their unique preferences.

NetCom Direct reviews the data that is collected when you use NetCom's web site for analysis purposes. Personally identifiable characteristics are removed and the user remains anonymous, unless you have given prior specific consent for NetCom to recognize your usage. Additional data provided to us is used to examine Internet trends and demographics to help NetCom offer you improved online products and services. We may use this personal information or data for a purpose other than these purposes (specified above) if:

  • You would reasonably expect us to use the personal information for that other purpose; and
  • That other purpose is related to these purposes (specified above). For example, sending you emails providing essential information about your NetCom Direct products or purchases.
NetCom Direct may also use your personal information for the purpose of direct marketing. We may only use your personal information or data for the purpose of direct marketing in relation to promotional activities where it is impracticable for us to obtain your prior express consent. However, when NetCom does this, we will provide an opportunity when we first contact you to decline receiving any further marketing communications from NetCom, via an opt-out mechanism. NetCom will only send emails to you if you have elected to receive such emails or if they are in response to an email we have received from you.

If we wish to use any of this personal information, information or data for any purpose other than those specified above, we will not do so unless we have your express consent to do so.

DISCLOSURE OF YOUR INFORMATION

The information we collect from you is strictly confidential. NetCom Direct will not reveal, disclose, sell, distribute, license, or otherwise share that information on to any other parties outside of NetCom and its related staff.

We may disclose the personal information, other information or data we collect from you for the purpose specified to you at the time of collection or for another purpose if:

  • You would reasonably expect us to disclose it for that purpose; and
  • That purpose is related to the purpose specified to you at the time of collection.
If we wish to disclose any of this personal information, information or data other than as set out above, we will not do so unless we have your clear consent to do so. We will not provide your email address to third parties without your consent.

Exceptions to this include:

  • Where there are reasonable grounds to believe that disclosure is necessary to prevent a threat to life or health;
  • Where NetCom suspects that unlawful activity is or has been engaged in and uses the personal information, information or data to investigate the suspected unlawful activity; or,
  • The use is authorized by law or necessary to enforce the law. These uses may include where NetCom is required to provide information in response to subpoenas or warrants or other legal processes.
We will take reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, current and stored in a secure environment accessed only by authorized persons. Transmissions sent to or from NetCom Direct are routinely monitored for quality control and systems administration.

Revised: 10/01