Sales Terms & Conditions
Cascade resells tested, usable rebuilt and used computer and office electronic equipment (individually, a “Product” and collectively, “Products”) in bulk directly to buyers or through eBay or Cascade’s website. The following provisions apply to all sales of Products, whether in bulk, through eBay or Cascade’s website, to you by Cascade Asset Management, LLC (“Cascade”).
RETURN OF PRODUCTS FOR CREDIT
You may return to Cascade any Product for credit within 45 days of the date of delivery to you, provided that (a) if a New Product, such New Product is in its original packaging and such packaging has not been opened, (b) if a Used Product, such product is returned with all included items and in the same condition as when sold to you. The following Products are not returnable for any reason: (i) New Products, the original packaging of which has been opened; or (ii) Products with a date of delivery to you (per Cascade’s records) more than 45 days prior to receipt by Cascade of your return request.
PRICE; SALES TAX
Products are invoiced at prices in effect at the time of your order and Cascade’s prices are subject to change without notice. In addition to the price of your purchases, Cascade will charge you any applicable sales tax and shipping charges based on your shipping address and the sales tax rate in effect at the time your order is placed.
Cascade offers shipping options available through carriers of reputable service. Once the Products leave Cascade’s facilities, Cascade cannot control the delivery of such Products and therefore Cascade assumes no liability for late deliveries, regardless of the delivery method that you request. Title and risk of loss to all Products will pass to you on delivery from Cascade’s facility.
Payment for Products purchased through eBay must be made in U.S. dollars using one of the following methods: (a) credit, debit or check cards, (b) Paypal. Cascade accepts Visa, MasterCard and American Express. Cascade requires the credit, debit or check card security code and the billing address zip code for your card for any telephone or online purchases of Products to protect against unauthorized use of your credit card by others.
WARRANTY AND LIABILITY LIMITATION – NEW PRODUCT AND TESTED PRODUCT
Subject to the provisions set forth herein, (a) all New Products carry a thirty (45) day warranty from the date of invoicing, which provides that the New Product will perform to the original manufacturer’s specifications as demonstrated by the manufacturer’s diagnostics, (b) all Used Products carry a thirty (45) day warranty from the date of invoicing, which provides that the Tested Product will perform as described in the auction details. Cascade’s sole responsibility is to replace or repair, at its option, any defective component. If the New Product or Used Product that you purchased is defective, you must, within the 45-day period, open a return request through eBay. New Products and Used Products shall not be returned to Cascade without an authorization number. Cascade will perform the replacement or repair, at its option, within a reasonable period of time, not to exceed one (1) week (excluding shipping time). In the event the New Product or Tested Product cannot be replaced or repaired, Cascade will issue a refund in the amount of the original purchase price of the New Product or Used Product. Any modification to the New Product or Used Product by you voids all warranties and repairs to the New Product or Used Product will be performed at Cascade’s then current hourly rates, subject to the then current minimum charge. In no event shall Cascade have any liability for any damages, whether incidental, consequential, punitive or otherwise (even if Cascade has been advised of the possibility of such damages), for any breach of warranty or any other act, omission, default or breach, including, but not limited to, any liability for lost profits, product recall costs or any loss of business or goodwill. THE FOREGOING WARRANTY AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SERVICE CONDITION, SERVICE OVER ANY PERIOD OF TIME, OR NONINFRINGEMENT, EACH OF WHICH CASCADE HEREBY EXPRESSLY DISCLAIMS IN ITS ENTIRETY. By purchasing a New Product or Used Product, whether you purchase in bulk or through eBay or Cascade’s website, you acknowledge that you have had an opportunity to review Cascade’s warranty terms, have done so to the degree that you are familiar with them, and you accept their terms and conditions, including the limitations, exclusions and disclaimers in them.
To the maximum extent allowed by law, you shall defend, indemnify and hold harmless Cascade and each of its directors, officers, employees, members, affiliates, agents, representatives, successors and assigns (each, an “Indemnified Party”) against all claims, actions, demands, legal proceedings, judgments, settlements, sums, costs, liabilities, losses, obligations, suits, actions, damages, penalties, fines, interest and other expenses (including, but not limited to, reasonable attorneys’ fees) that any Indemnified Party may incur or be legally obligated to pay as a result of (i) your negligence, use, ownership, maintenance, transfer, transportation or disposal of any Products; (ii) any infringement or alleged infringement of the intellectual property rights of third parties in connection with your use of the Products ordered by you; (iii) your violation or alleged violation of any federal, state, county, local or foreign laws or regulations; or (iv) your breach of any of these Terms. Cascade’s remedies under these Terms are cumulative and in addition to any other remedies available to Cascade at law, in equity, by contract or otherwise. No purported limitation on Cascade’s remedies contained in any instrument or document provided by you shall operate to reduce your indemnification obligations hereunder.
Cascade shall not be liable to you or any other person for any delay in delivery or failure to deliver Products, directly or indirectly caused by fire, explosion, accident, flood, labor difficulties or shortage, war, act of terrorism, act or regulation of any governmental body, act of God or any other circumstance or cause beyond the control of Cascade.
|Payment Method||Perferred/Accepted||Buyer Protection on eBay|