Feature Marketing, Inc - Wholesale Computer Distribution

Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY!
IN CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Agreement contains the terms and conditions that apply to your purchase from the Feature Marketing, Inc. entity named on the invoice ("Feature Marketing, Inc.") that will be provided to you ("Customer") on orders for computer systems and/or related products sold in the United States. By accepting delivery of the computer and/or other products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH FEATURE MARKETING, INC., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER FEATURE MARKETING, INC. STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time in Feature Marketing, Inc.'s sole discretion.

1. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

2. Shipping Charges; Arizona. Separate charges for shipping and handling will be shown on Feature Marketing, Inc.'s invoice(s). Unless Customer provides Feature Marketing, Inc. with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Feature Marketing, Inc.'s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for taxes on Feature Marketing, Inc.'s net income. If applicable, a separate charge for taxes will be shown on Feature Marketing, Inc.'s invoice.

3. Title; Risk of Loss. Title to products passes from Feature Marketing, Inc. to Customer on shipment from Feature Marketing, Inc.'s facility. Loss or damage that occurs during shipping by a carrier selected by Feature Marketing, Inc. is Feature Marketing, Inc.'s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO FEATURE MARKETING, INC.-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS. FEATURE MARKETING, INC. MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN FEATURE MARKETING, INC.'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND FEATURE MARKETING, INC. WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON FEATURE MARKETING, INC.'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. FEATURE MARKETING, INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FEATURE MARKETING, INC.'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN FEATURE MARKETING, INC.'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. Feature Marketing, Inc. reserves the right to modify its warranty at any time, in its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. Feature Marketing, Inc. does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.

7. Limitation of Liability. FEATURE MARKETING, INC. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. FEATURE MARKETING, INC. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

8. Service and Support. Feature Marketing, Inc. endeavors to provide the best customer and technical e-mail support in the personal computer industry. For end-user Customers, Feature Marketing, Inc. promises that its support people will attempt to handle over the telephone any problem involving Feature Marketing, Inc. products. However, Feature Marketing, Inc.'s support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. Feature Marketing, Inc. has no obligation to provide service or support until Feature Marketing, Inc. has received full payment for the product or service/support contract for which service or support is requested.

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