Paragon Micro Business Policies

This Sales Agreement is a legal contract between the Customer and Paragon Micro, Inc. By making a purchase, placing an order, or otherwise shopping on the Site, the Customer accepts this Sales Agreement. The terms and conditions of this Sales Agreement are subject to change without prior notice. At the time the Customer initially places or modifies an order, the terms and conditions posted on the Site will govern the order in question.

Relating to the purchase or sale of goods or services, this Sale Agreement constitutes the entire agreement between the Customer and Paragon Micro, Inc. Modification or termination of the Sales Agreement, with regard to goods or services that have been purchased or sold, may only be done in writing and signed by an authorized agent of Paragon Micro, Inc. Under the Sales Agreement, electronic records (including signatures), that are otherwise valid, shall be accepted. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application. By contacting Paragon Micro, Inc. at the address provided below, the Customer may withdraw consent to receiving electronic records or have the record provided in non-electronic form.

By making a purchase, placing an order, or otherwise shopping on the Site, you agree to the terms of this Sales Agreement or any terms and conditions on our invoice. In the event of any conflict between the terms and conditions stated on your purchase order and this Sales Agreement or any terms and conditions on our invoice, our terms and conditions shall prevail.

Product Return Policy

Paragon Micro, Inc. offers a 30-day return policy on selected items, subject to the return policies of the manufacturers we represent. The interpretation of the actual manufacturers return policies is at the sole discretion of Paragon Micro, Inc. For further information not listed, please contact your Paragon Micro, Inc. account manager.

Please call 866-380-8663 or e-mail our Returns Department to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. Further, Paragon Micro, Inc. assumes no risk or responsibility for products returned without an RMA number. For faster service, please have the following information available when calling for an RMA number: customer name, product part number, invoice number, serial number and nature of the problem.

All products returned MUST be: 100 percent complete. Complete is defined as all items being returned with ALL of the original boxes and packing materials, having their original UPC codes intact on the manufacturers’ boxes, containing all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.

Due to manufacturers’ policies, Paragon Micro, Inc. cannot accept returns of the following items for exchange, replacement or credit FOR ANY REASON: Apple, Compaq, IBM, and Hewlett Packard. Due to manufacturer return policies, only inoperable products from these manufactures may be returned 3COM, Acer, Adtran, All Generic Memory, American Power Conversion, Ascend/Lucent, ATI Technologies, Belkin, Cisco, Cornerstone, Fujitsu, Intel, Mylex, Onstream, Palm, Pinnacle Systems, Quantum, Sharp, Tandberg Data. This list may not represent all of the manufactures with restrictive return policies. This list of manufacturers with restrictive return manufacturers may change from time to time at the sole discretion of Paragon Micro, Inc.

Most defective products (except computers, printers and software) may be returned for repair or replacement only, at Paragon Micro, Inc. discretion, within 30 days of the invoice date. Paragon Micro, Inc. will not charge a return-processing fee of any kind when a defective item is repaired or replaced with the identical item. All non-defective returns (except software) for credit or exchange are subject to a 15% return-processing fee and must be completed within 30 days of the invoice date. Minimum return-processing fee for any refund or credit is $25.00.

Unopened full version software products may be returned for refund or exchange within 30 days of invoice date. Multiple software licenses and product upgrades cannot be returned for refund or exchange unless first authorized by the manufacturer, no exceptions. Multiple software licenses and product upgrades may not be returned beyond 30 days for any reason.

You, the customer, are responsible for shipping charges on returned items. Paragon Micro, Inc. strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.

Any item that is missing the UPC can ONLY be replaced with the same item. After 30 days, all manufacturers’ warranties apply.

Consumable products like toner, ink cartridges, drum and paper are non-returnable if the manufacturer’s factory seal has been broken. Defective products must be returned directly to the manufacturer.

Discontinued or end of life products can only be returned for repair. No refunds or exchanges can be made.

Paragon Micro, Inc. reserves the right to authorize product returns beyond 30 days from the invoice date. IF the product is accepted after 30 days, credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Paragon Micro, Inc. on returned items.

Shipping Damage Policy

If merchandise arrives damaged to you: it is best to REFUSE it back to the carrier attempting delivery. You must contact Paragon Micro, Inc. within 3 business days if an order is being refused back to the carrier due to damage. All unauthorized refusals are subject to a 15% return processing fee and no credit for the freight charges.

If you accept a damaged package, make sure any externally visible damage is noted on the carrier’s delivery record. This will enable Paragon Micro, Inc. to file a damage claim. In the event of shipping damage, you must save the merchandise AND the original box and packing it arrived in. Additionally, in the event of visible shipping damage, we recommend you take and retain photographs of the shipment and notify Paragon Micro, Inc. immediately to arrange for a carrier inspection and a pick up of damaged merchandise.

If you do not notify Paragon Micro, Inc. of damaged goods within the first 3 business days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call your Paragon Micro, Inc. account manager to arrange for carrier inspection and a pick up of damaged merchandise.

Performance of Services

Should you purchase Services from Paragon Micro, Inc, Paragon agrees to perform the Services specified in any Service Orders from time to time in accordance with the terms and conditions of this Agreement and any terms and conditions set forth on any such Service Orders, including, without limitation, any specifications and/or payment and delivery schedules relating to such Services, if any. Each Service Order shall be subject to all of the terms and conditions contained in this Agreement and shall become binding upon execution of such Service Order by each of the Parties. Paragon Micro, Inc. shall have the sole discretion to determine appropriate methods by which Paragon performs the Services. Paragon Micro, Inc. shall itself perform the Services, unless the Parties otherwise agree in writing, and in any case where, subject to such a written agreement by the Parties, any third party contractor performs any of the Services, Paragon shall remain liable for the acts or omissions of any such third party contractor in connection with the performance of the Services.

Cooperation

The Customer shall provide PMI with such support, cooperation, information, data and materials as are reasonably necessary for PMI to perform the Services and any Additional Services. Notwithstanding anything in this Agreement to the contrary, PMI shall have no liability resulting from or relating to any delay or failure by the CLIENT in providing to PMI such support, cooperation, information, data and/or materials. PMI shall report to and receive technical direction only from such CLIENT’s employees or officers who are appointed as the primary point of contact as listed in the applicable Service Order or as shall be designated by such employees or officers.

Independent Contractor

PMI acknowledges that it is acting as an independent contractor and as a principal, that PMI is solely responsible for its actions or inactions and those of its personnel, employees, subcontractors and officers, and that nothing in this Agreement shall be construed to create an employment or agency relationship or a partnership between the parties.

Confidential Information

Each Party recognizes the importance to the other Party of the other Party’s Confidential Information and recognizes that the other Party’s Confidential Information is critical to the business of the other Party. The Parties recognize that each Party (in such capacity, the “Disclosing Party”) may disclose Confidential Information to the other Party (the “Receiving Party”). Although not required in order for information to be considered Confidential Information, the Disclosing Party shall make reasonable efforts to indicate whether it believes information disclosed hereunder should be treated as confidential. The Receiving Party agrees (A) not to use any such Confidential Information for any purpose other than in the performance of its obligations under this Agreement and (B) not to disclose any such Confidential Information, except (1) to its employees who are reasonably required to have the Confidential Information in connection herewith, (2) to its agents, lawyers and financial advisers that have a need to know such Confidential Information and (3) pursuant to, and to the extent of, a request or order by a governmental authority; provided that, in the case of required disclosures to tribunals, the Receiving Party shall inform Disclosing Party as soon as possible in order to allow the Disclosing Party to obtain a restraining or similar order to prohibit disclosure of such information. The Receiving Party agrees to take all reasonable measures to protect the secrecy and confidentiality of, and avoid disclosure or unauthorized use of, the Disclosing Party’s Confidential Information (which measures shall be at least as protective as measures it takes to protect its own Confidential Information). At Disclosing Party’s request and no later than five (5) days after such request, Receiving Party shall promptly destroy or deliver to Disclosing Party, all materials furnished to Receiving Party and all tangible media of expression in such Recipient’s possession or control to the extent that such tangible media incorporate any of Disclosing Party’s Confidential Information.

General Legal Disclaimer

Paragon Micro, Inc. hereby expressly disclaims all ties either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. This disclaimer by Paragon Micro, Inc. in no way affects the terms of the manufacturer’s warranty, if any. All products sold by Paragon Micro, Inc. are third party products and are subject to the warranties and representations of the applicable manufacturers.

Limitation of Liability

Paragon Micro, 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. Paragon Micro, Inc. will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services Paragon Micro, Inc. is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.

Governing Law

This agreement and any sales hereunder shall be governed by the laws of the state of Illinois, without regard to conflicts of laws rules. For the purposes of any suit, action or proceeding arising out of this sales agreement, the customer consents to the jurisdiction of the federal or state courts located in Lake County, Illinois.

Copyrights and Trademarks

Copyright© 2014 Paragon Micro, Inc. All rights reserved. All trade names and trademarks are the properties of their respective owners.

Sales Being Exported Outside of U.S.

For any goods being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, many of the manufacturers’ warranties for exported goods vary and may even be null and void if goods purchased are exported outside the United States. The Customer should inquire further regarding any questions of product exportation. Any and all liability is only for the products purchased.

Title and Risk of Loss

Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. If loss or damage occurs during shipping by a carrier selected by Paragon Micro, Inc. the loss or damage will be the responsibility of Paragon Micro, Inc. If loss or damage occurs during shipping by a carrier selected by the Customer, the loss or damage will be the responsibility of the Customer. The title to software will remain with the applicable licensor(s).

Pricing and Information Disclaimer

All pricing is subject to change without notice. For all prices, products and offers, Paragon Micro, Inc. reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Paragon Micro, Inc. uses reasonable efforts to include accurate and up-to-date information on the Site, Paragon Micro, Inc. makes no warranties or representations as to the Site’s accuracy. Paragon Micro, Inc. assumes no liability or responsibility for any errors or omissions in the content on the Site.

Orders; Payment Terms; Interest; Taxes

Orders are not binding upon Paragon Micro, Inc. until accepted by Paragon Micro, Inc. The terms of payment are within Paragon Micro, Inc. sole discretion. All invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Paragon Micro, Inc. may invoice parts of an order separately, at Paragon Micro, Inc. sole discretion. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Customer is responsible for any applicable sales taxes and any other taxes associated with the order, whether such taxes are collected at the time of sale or not. On all COD orders, Paragon Micro, Inc. will accept a cashiers check or money order. Paragon Micro, Inc. does not apply any surcharge for credit cards.

In addition to the principle amount owed, customers agree to pay 33.33% of the unpaid balance as collection fees if their account is turned over to a collection agency. Customers further agree to pay reasonable attorney fees and court costs arising out of any litigation concerning the collection of their account.

Freight Policy

Shipping and handling charges varies on all orders due to weight and destination. Please contact your Paragon Micro, Inc. account manager for our most current shipping rates. For your protection, we ship only to the verified billing address of the Customer’s credit card. International shipping may be available n some circumstances, at the sole discretion of Paragon Micro, Inc. There can be no freight credit issued in the event any shipping delays were caused by acts of nature. The maximum credit for shipping charges on an air package that is delivered late and the delay is caused by Paragon Micro, Inc. or the carrier is a credit to the next lower shipping level.