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1. APPLICATION OF TERMS AND CONDITIONS OF SALE
The following terms and conditions shall govern the sale by the entity ("RapidXpres " or "Seller") named on the invoice that will be provided to Customer for orders for computer systems and/or related products sold by RapidXpres , unless Customer has signed a separate formal purchase agreement with RapidXpres By ordering products on RapidXpres 's on-line store or by accepting delivery of the products described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. RapidXpres reserves the right to change these terms and conditions without prior written notice at any time, at RapidXpres 's sole discretion.
2. OTHER DOCUMENTS DO NOT APPLY
These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by RapidXpres
3. PAYMENT TERMS
Terms of payment shall be determined at RapidXpres 's discretion and otherwise agreed to by, RapidXpres Payment must be received by RapidXpres prior to RapidXpres 's acceptance of Customer's order. Payment shall be made by credit card, check or some other pre-arranged method of payment acceptable to RapidXpres Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and RapidXpres shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.
4. PRICES, SHIPPING AND HANDLING CHARGES AND TAXES RapidXpres will only ship to U.S. locations unless arrangements have previously been made. All prices do not include charges for shipping and handling, and taxes. Separate charges for shipping and handling will be shown on the invoice. RapidXpres is obligated to withhold sales tax for delivery within Arizona, Minnesota, North Carolina, Indiana, Illinois, Texas, Florida, Virginia and Tennessee. Unless Customer provides RapidXpres with a valid and correct tax exemption certificate applicable to the product ship-to location prior to RapidXpres 's acceptance of the order, the Customer is responsible for sales, use along with any and all other taxes associated with the order or any duties that are incurreed. RapidXpres , in some cases, uses a third party shipping service which may be obligated to charge sales tax outside of the states that RapidXpres is obligated to withhold from, in this case RapidXpres would collect the sales tax on behalf of the shipping facilitator.
A warranty statement will be included with all Panasonic Toughbook Computers. The warranty is provided by the manufacturer Panasonic, full warranty specifications can be found here.
6. PRODUCTS AVAILABILITY
Product availability may be limited. Products may not be available for immediate delivery. RapidXpres reserves the right, without liability or prior notice, to revise or cease to make available any or all products or to cancel any order. If there is any revision or cessation, RapidXpres may ship products which have the functionality and specifications of the products ordered but there will be differences in the specifications between what was shipped and what was ordered. Laptops with integrated options are built at the factory by Panasonic and this is in no way controled by RapidXpres . Special configurations such as this can take very large amounts of time depending on availability of products to Panasonic.
7. EXCLUSION AND LIMITATION OF LIABILITY
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, RapidXpres SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER. IN NO EVENT SHALL RapidXpres BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF RapidXpres HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. RapidXpres SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF RapidXpres
8. GOVERNING LAW AND JURISDICTION
The sale of products shall be governed by the laws of the State of Minnesota excluding the conflict or choice of law provisions. Venue and jurisdiction for all disputes will lie in exclusively Dakota County, Minnesota.
9. EXPORT CONTROL
Products purchased or received under these terms and conditions shall be subject to export laws and regulations of the United States of America.
10. RETURN POLICIES
Due to restrictions set by the manufacturer and their distributors, Panasonic Toughbook computers and accessories cannot be returned. Customers should refuse delivery of any visibly damaged packages. Any non-visible damage must be reported immediately to rapidxpres.com. Defective or malfunctioning units must be handled directly with Panasonic at 800-LAPTOP5 (800-527-8675). Returns will not be accepted by rapidxpres.com without a Return Merchandise Authorization (RMA). Returned items lacking a RMA will be refused or sent back to the customer at the customer’s expense. Shipping and handling charges are always non-refundable. Please contact us with any questions or concerns regarding this return policy.
RapidXpres 's policy is one of on-going product update and revision. RapidXpres may revise and discontinue products at any time. RapidXpres will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
12. SERVICE AND SUPPORT
RapidXpres endeavors to provide the best customer and technical support. For end-user Customers, RapidXpres promises that its support people will attempt to handle over the telephone and email any problem involving RapidXpres products. RapidXpres will make on-site service available to Customer in the United States in accordance with the then-current terms and conditions set by RapidXpres and/or the third-party service provider.
13. NO ASSIGNMENT
Customer may not assign its rights or obligations under this Agreement without the express written consent of RapidXpres
14. INVALIDITY OF PROVISIONS
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Title to products passes from RapidXpres Online Store to Customer on shipment from RapidXpres facility. Title to software will remain with the applicable licensor(s).
16. APPLICABLE LAWS; NOT FOR RESALE
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
17. TRADEMARKS AND COPYRIGHT NOTICE
RapidXpres , the RapidXpres logo, and the RapidXpres products referred to herein are either the trademarks or the registered trademarks of RapidXpres . The absence of a product name or logo on this web site does not constitute a waiver of RapidXpres 's trademark or other intellectual property rights concerning that name or logo.
18. MAILING ADDRESS
2020 S. McClintock Dr. ste. 101
Tempe, AZ 85282