IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ("Terms") ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN EDEAVOR SERVICES GROUP INVOICE OR OTHER ENDEAVOR SERVICES GROUP DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND ENDEAVOR SERVICES GROUP HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
These Terms constitute a binding contract between Customer and Endeavor Services Group. Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Website (the "Site"). These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
Prices are listed in our catalogs and Web site, and are subject to change without notice. Prices for certain government, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties. Payment is due before shipment, unless credit terms have been arranged in advance with our credit department. In such case, payment terms shall be as set forth in the credit agreement.
We collect sales and use taxes for sales shipped to the State(s) of Massachusetts, New York, Ohio. Additional states may be added without notice.
Endeavor Services Group will arrange payment for shipping with the carrier. Endeavor Services Group charges shipping and handling fees for next day delivery Domestic standard ground shipping is included in the purchase price.
Sales of our products must follow the Export Administration Regulations of the U.S. Commerce Department and applicable State Department restrictions. Certain hardware products may not be exported to certain countries, or may be exported only with individual licenses; and software that contains DES data and/or encryption technology may not be exported outside the U.S.
The commodities, technology and/or software sold or distributed under these Terms may not be exported or re-exported to countries, entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. Customer represents and warrants that it is eligible to receive products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher. Manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
Endeavor toner/ink is warranted to be free from defects in materials and workmanship for a period of 12 months from date of purchase when stored, installed and used under normal conditions. If the product fails during the warranty period, the product will be replaced or credit issued at the option of the buyer in accordance with the manufacturer's Returned Material Policy. This product is warranted not to damage the print head or a printing mechanism or component when stored, installed and used in accordance with the recommended procedures of the product manufacturer or the equipment manufacturer's recommended procedures. In the event of any damage to a printing mechanism or component caused solely and directly by the use of this product, the manufacturer will pay the reasonable cost of service and repair, provided the buyer:
(1) Notifies us of such damage in writing within thirty days and (2) delivers a written service report, signed by authorized technical service personnel, identifying the supply product as the sole and direct cause of such damage, along with print samples and damaged or replaced parts.
The manufacturer of this product accepts no responsibility for damage to the equipment printing components due to lack of routine and proper service, maintenance or cleaning of the equipment, including the replacement of equipment components at the end of their rated lives, as recommended by the equipment manufacturer.
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that it will be able to fulfill Customer's orders.
We make every effort to ensure the accuracy of the information published in our catalogs and on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.
If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other Web sites or price engines are accurate or up-to-date.
We will not be responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Orders are not binding upon us until accepted by us. Terms of payment are within our sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. We may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold Endeavor Services Group harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of our costs of collection, including court costs, filing fees and attorney's fees.
These Terms constitute the entire agreement between Customer and Endeavor Services Group relating to the sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting us at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms contained herein and in our invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice related thereto. This section may not apply if there is a written contract between Customer and Endeavor Services Group.
In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.
Brother, Dell, HP, IBM, Lexmark, Xerox and other manufacturer brand names and logos are registered trademarks of their respective owners who have no association with or make any endorsement of the products or services provided by Endeavor Services Group. Any use of a brand name or model designation for a non-OEM cartridge is made solely for purposes of demonstrating compatibility.