I. MEGA HARDWARE  STANDARD TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They contain important information concerning customer’s (“Customer”) legal rights, warranties, obligations and available dispute resolutions remedies. They also provide that if is unable to resolve any matter to Customer’s satisfaction, Customer will exclusively use arbitration to decide the dispute and Customer will bring its claim solely on an individual basis and not in a class action or representative proceeding.

Except in those instances where Mega Hardware and a business Customer (“Business Customer”) enter into a separate written contract for the purchase of products and/or services providing for separate terms of sale, the following terms and conditions will apply. For clarification, the term “Customer” includes Business Customers as well as individuals, and the term Business Customer includes, but is not limited to, government, institutional, and educational customers.

Mega Hardware reserves the right to revise these Terms and Conditions at any time.

A. SALES POLICY FOR PRODUCTS

1. WHOLESALE ONLY.

Mega Hardware, Inc. ("Mega Hardware") sells its complete offering wholesale to Business Customers, while also serving individuals.

2. PRICES.

A. “Web Prices” displayed on https://mega-hardware.com/: (i) are offered to Customers that do not have other pricing arrangements with Mega Hardware; (ii) are subject to these Terms of Sale; (iii) are available for orders placed on https://mega-hardware.com/ , by phone, or at Mega Hardware branch locations; (iv) do not include freight, handling fees, taxes, and/or duties; and (v) are subject to change or correction at any time and without notice.

B. Customers that have other pricing arrangements with Mega Hardware can view their prices and the applicable prices to which discounts, if any, are applied, when logged into their  https://mega-hardware.com/ account. Export orders may be subject to other special pricing.

Mega Hardware  reserves the right, in its sole discretion, to offer a volume discount (“Volume Discount”) to Customers based upon the quantity of products purchased in a single transaction. Volume Discount pricing is subject to product availability, and quantity limits may apply. Resale by Customers at retail or online of products purchased under Volume Discount pricing is prohibited. Mega Hardware reserves the right to: (i) accept or reject any Volume Discount order; or (ii) charge the full price for the product if the event that Volume Discount priced items are returned.

3. SALES TAX.

Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, Customer shall indicate which products are tax exempt.

and a business Customer (“Business Customer”) enter into a separate written contract for the purchase of products and/or services providing for separate terms of sale, the following terms and conditions will apply. For clarification, the term “Customer” includes Business Customers as well as individuals, and the term Business Customer includes, but is not limited to, government, institutional, and educational customers.

Mega Hardware reserves the right to revise these Terms and Conditions at any time.

A. SALES POLICY FOR PRODUCTS

1. Wholesale Only.

Mega Hardware, Inc. ("Mega Hardware") sells its complete offering wholesale to Business Customers, while also serving individuals.

2. Prices.

A. “Web Prices” displayed on https://mega-hardware.com/: (i) are offered to Customers that do not have other pricing arrangements with Mega Hardware; (ii) are subject to these Terms of Sale; (iii) are available for orders placed on https://mega-hardware.com/ , by phone, or at Mega Hardware branch locations; (iv) do not include freight, handling fees, taxes, and/or duties; and (v) are subject to change or correction at any time and without notice.

B. Customers that have other pricing arrangements with Mega Hardware can view their prices and the applicable prices to which discounts, if any, are applied, when logged into their  https://mega-hardware.com/ account. Export orders may be subject to other special pricing.

Mega Hardware  reserves the right, in its sole discretion, to offer a volume discount (“Volume Discount”) to Customers based upon the quantity of products purchased in a single transaction. Volume Discount pricing is subject to product availability, and quantity limits may apply. Resale by Customers at retail or online of products purchased under Volume Discount pricing is prohibited. Mega Hardware reserves the right to: (i) accept or reject any Volume Discount order; or (ii) charge the full price for the product if the event that Volume Discount priced items are returned.

3. Sales Tax.

Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, Customer shall indicate which products are tax exempt.

4. Payment and Credit Terms.

Mega Hardware accepts cash, checks, money orders, Visa, MasterCard,  and American Express. For Customers with established Mega Hardware credit, payment terms are net thirty (30) days from the date of invoice or shipment or pick-up of products. Mega Hardware preferred method for Business Customer’s payment is via  . All credit extended by Mega Hardware and the limits of such credit, is at Mega Hardware sole discretion, and may be reduced or revoked by Mega Hardware at any time, for any reason. As a condition for the continued extension of credit, Customer agrees to provide Mega  with current credit information and the latest annual financial statement within five (5) business days following request by Mega Hardware . Mega Hardware reserves the right to charge a convenience fee for late payments. Mega Hardware further reserves the right to charge Customer a late payment fee at the rate of one and one-half percent (1-1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such amount as may be permitted under applicable law. Anticipation and cash discounts are not allowed. Export orders are subject to special export payment terms and conditions identified in Section III. All payments must be made in U.S. dollars. Mega Hardware has the right of set-off and deduction for any sums owed by the Customer to Mega Hardware .

If the Customer fails to make payment within thirty (30) days of shipment or pick-up, or fails to comply with Mega Hardware credit terms, or fails to supply adequate assurance of full performance to Mega Hardware within a reasonable time after requested by Mega Hardware (such time as specified in Mega Hardware request), Mega Hardware may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order. If Customer fails to comply with these payment terms, Mega Hardware may, at its sole discretion, and without notice, immediately terminate any agreements it has with Customer. Upon such termination all amounts owed by Customer to Mega Hardware shall become immediately due and payable.

 

5. Security Interest.

Customer hereby grants to Mega Hardware a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Mega Hardware . Customer agrees to file, and it permits and authorizes Mega Hardware to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Mega Hardware lien or security interest.

6. Credit Balance.

Customer agrees that any credit balance(s) issued by Mega Hardware must be used within two (2) years from the date the credit was issued and may only be used for purchases of products. Any unused credit or portion thereof will automatically expire after two (2) years, or be processed pursuant to state law.

C. FREIGHT POLICY

Prices stated are F.O.B. origin, freight prepaid to destination specified in the order. Mega Hardware charges a shipping and handling fee, (which includes internal handling and related costs), on each order which is applied at time of order and reflected on Customer's invoice. Receipts for shipping and handling charges will not be furnished. COD shipments are not permitted. Other terms and conditions may apply for other than standard ground delivery ("Other Freight Services"), including without limitation, expedited same day delivery, less than truckload (LTL) shipments, air freight, freight collect, export orders, hazardous materials, Customer's carrier, shipments outside the contiguous U.S., special handling by the carrier or other specialized freight services. Any charges incurred for Other Freight Services must be paid by Customer. Fuel surcharges and other surcharges may be applied. Title and risk of loss pass to Customer upon tender of shipment to the carrier. If the product is damaged in transit, Customer's only recourse is to file a claim with the carrier.

D. PRODUCT WARRANTY POLICY

1. SATISFACTION GUARANTEE TO ALL CUSTOMERS.
Customer should contact Mega Hardware if not satisfied with a product for any reason. Mega Hardware will promptly provide an exchange or refund if the product is returned within 30 days of date of invoice, with proof of purchase from Mega Hardware .

2. LIMITED WARRANTY.
A. ALL PRODUCTS SOLD ARE WARRANTED BY Mega Hardware ONLY TO CUSTOMERS FOR: (i) RESALE; OR (ii) USE IN BUSINESS, GOVERNMENT OR ORIGINAL EQUIPMENT MANUFACTURE.

B. Mega Hardware WARRANTS PRODUCTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF ONE (1) YEAR AFTER THE DATE OF INVOICE FROM Mega Hardware , UNLESS OTHERWISE STATED. PROVIDED THAT Mega Hardware ACCEPTS THE PRODUCT FOR RETURN DURING THE LIMITED WARRANTY PERIOD, Mega Hardware MAY, AT ITS OPTION: (i) REPAIR; (ii) REPLACE; OR (iii) REFUND THE AMOUNT PAID BY THE CUSTOMER. CUSTOMER MUST RETURN THE PRODUCT TO THE APPROPRIATE Mega Hardware BRANCH OR AUTHORIZED SERVICE LOCATION, AS DESIGNATED BY Mega Hardware , SHIPPING COSTS PREPAID. Mega Hardware REPAIR, REPLACEMENT, OR REFUND OF AMOUNTS PAID BY CUSTOMER FOR THE PRODUCT, SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY.

 

4. Warranty Product Return.
Before returning any product, Customer may contact Mega Hardware  either by logging on to Mega Hardware  or calling Mega Hardware Customer Care at 1-800-Mega Hardware (472-4643). Proof of purchase is required in all cases.

5. Manufacturer’s Warranty.
For information on a specific manufacturer's warranty, please contact the local Mega Hardware  branch or call Mega Hardware Customer Care Mega Hardware 

6. Product Compliance and Suitability.

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Mega Hardware does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Mega Hardware accept responsibility for construction, installation and/or use of a product. It is Customer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

7. Cross-Reference Information.
Product cross-reference comparisons or product alternatives that are presented do not imply that products are available or perfectly comparable. CROSS-REFERENCED PRODUCTS OR PRODUCT ALTERNATIVES ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross-referenced product or product alternative specifications prior to purchase and use to determine suitability of the product for Customer's intended use.

E.PRODUCT INFORMATION

1. Catalog/Website Information.
Mega Hardware is a distributor of products. Information about the products in the Mega Hardware catalog or web site is provided by the manufacturers and/or suppliers. Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any Mega Hardware catalog, literature or websites does not constitute the right to purchase products. Mega Hardware reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the Mega Hardware catalogs and websites, and Mega Hardware reserves the right to correct or change such pricing errors without notice. Mega Hardware further reserves the right to cancel any and all orders resulting from such pricing errors, even if Customer has received an order confirmation from Mega Hardware .

2. Product Substitution.
Products and/or country of origin may be substituted and may not be identical to descriptions and/or images published in the catalog or on the website.

 

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