The
sale or lease of all Products sold by HI-MIND is subject to the Terms and
Conditions of Sale. If you sign a separate purchase agreement with HI-MIND, that
agreement will govern. The Terms and Conditions of Sale do not apply to HI-MIND
Products purchased from third parties, including, but not limited to, retailers,
resellers, and distributors.
Definitions. An "HI-MIND Product" is a complete system that is manufactured
or assembled directly or indirectly by HI-MIND, with an Hi-Mind’s brand.
A "Customized HI-MIND Product" is an
HI-MIND Product that contains third-party components or associated peripherals
that are specific to a particular HI-MIND customer.
A "Third-Party Product" is any item that
is procured and resold by HI-MIND that is not part of an HI-MIND Product or
Customized HI-MIND Product. HI-MIND Product, Customized HI-MIND Product, and
Third-Party Product, including all documentation accompanying each and any
service contracts associated with each, is collectively referred to herein as
"Product."
Money-Back
Policy. If for any reason you are unsatisfied with the Product you purchased
directly from HI-MIND, or if you do not accept the Terms of the Limited
Warranties and other terms set forth herein, you may return the complete Product
to HI-MIND or an HI-MIND-designated return center for a refund of the purchase
price (less applicable adjustments, charges, and fees), subject to the terms and
conditions set forth herein.
Your request for a refund must be made (and a
Returned Merchandise Authorization [RMA] number issued) within the time periods
set forth as follows:
NEW HI-MIND PRODUCT
AND CUSTOMIZED HI-MIND PRODUCT
Business and
Government Purchasers: within 30 (thirty) days of shipment by HI-MIND
Home Use Purchasers:
within 15 (fifteen) days of shipment by HI-MIND.
NEW THIRD-PARTY
PRODUCT - within 15 (fifteen) days of shipment by HI-MIND or
supplier/manufacturer.
HI-MIND
will accept a request for a refund only if the supplier/manufacturer of the
Third-Party Product offers return privileges to HI-MIND (unless otherwise agreed
to in writing by HI-MIND).
RECONDITIONED OR
REFURBISHED HI-MIND PRODUCT - within 7 (seven) days of shipment by HI-MIND.
Unless otherwise
agreed to in writing, returns will be subject to the following:
(1)
£20 charge for
failing to return a Product in its original packaging (box and packaging
inserts) and
(2)
15% restocking fee for all returned Products.
Failure to request a
refund and receive an RMA number within the time periods set forth above
constitutes acceptance of the Limited Warranties and Terms and Conditions of
Sale.
HI-MIND and
supplier/manufacturer reserve the right to inspect the condition and contents of
the returned Product and adjust refund amounts according to the conditions
described herein.
In the event you
return only a portion of the Product, your refund shall be reduced by the
purchase price of the non-returned portion of the Product and may be withheld
pending the complete return of the Product.
Refunds shall be
reduced and may be withheld if returned Products show evidence (as determined by
HI-MIND) of damage due to: improper packaging, misuse, abuse, neglect,
alteration, problems with electrical power, usage not in accordance with Product
instructions, acts of nature, unusual temperatures or humidity, improper
installation, or repairs attempted where such repairs were made without HI-MIND
's approval. OPENED SOFTWARE purchased with your system must be returned but is
not eligible for a refund. You may return third-party software for a refund only
if the package has not been opened. The value of SERVICE & SUPPORT CONTRACTS
under which services have been performed are not eligible for a refund. HI-MIND
WILL NOT REFUND ORIGINAL OR RETURN SHIPPING, HANDLING, OR INSURANCE CHARGES OR,
IF APPLICABLE, IMPORT OR EXPORT DUTIES OR ANY OTHER FEES OR CHARGES IMPOSED BY
GOVERNMENT OR QUASI-GOVERNMENTAL AGENCIES OR OFFICIALS. Please retain your
shipping information, including tracking numbers, until your request for refund
has been processed by HI-MIND. This will serve as your proof of return.
Return Policy (for money-back returns).
All money-back
returns of Product purchased directly from HI-MIND are subject to this Return
Policy.
Prior to returning the Product, you must request and receive an RMA
number
Provide your system
serial number and/or customer number.
Ship the complete
Product back to HI-MIND or HI-MIND-designated return center within 10 (ten)
business days
(30 (thirty) business
days for international customers) from the date your RMA number is issued to
obtain a refund.
The returned Product
must be returned in the same condition in which it was originally shipped, with
all peripherals, software, accessories, manuals, documentation, and packing
materials included. Such Product must be shipped in the original packaging,
prepaid and insured by you, with the RMA number clearly displayed on the outside
of the packaging. International customers must ship the returned Product via DHL,
Federal Express, UPS, or another courier approved in advance by HI-MIND. HI-MIND
IS NOT RESPONSIBLE FOR LOST DATA OR THE LOSS OF PRODUCTS AT ANY TIME. PRIOR TO
SHIPPING A SYSTEM TO HI-MIND, BACK UP ALL DATA STORAGE DEVICES.
Other Documents. This sale is subject to the terms and
conditions stated herein, on the face of the invoice, and in all other documents
accompanying the purchased Product(s) which are in lieu of and replace any and
all terms and conditions set forth in any documents issued by you, including,
without limitation, any purchase orders and any specifications. In case of
conflict between the terms and conditions stated here and those on the face
hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT, OR
CONFLICTING TERMS AND CONDITIONS ON SUCH DOCUMENT ISSUED BY YOU AT ANY TIME ARE
HEREBY OBJECTED TO BY HI-MIND, SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE
HEREUNDER, AND SHALL NOT BE BINDING IN ANY WAY ON HI-MIND. No waiver or
amendment to these terms and conditions shall be binding on HI-MIND unless made
in writing expressly stating that it is such a waiver or amendment and signed by
HI-MIND.
Acceptance. All Product orders placed by you with
HI-MIND are subject to acceptance by HI-MIND.
Payment. You shall pay HI-MIND for all
charges listed on HI-MIND 's invoice, including all shipping and handling
charges. Unless otherwise stated on the face hereof, all payments shall be due
upon receipt of invoice. On any amounts not paid when due, you agree to pay
interest at the rate of 1 1/2% per month (18% per year) or, if such rate is in
excess of the rate allowed by law, then you agree to pay the highest rate
allowed by law. In addition, you agree to pay all costs of collection, including
costs of litigation and reasonable attorney's fees. HI-MIND reserves the right
to obtain a security interest in the Products sold to you and in proceeds
thereof, until payment is made in full by you. HI-MIND further reserves the
right to set off any amounts you may owe HI-MIND from any amounts HI-MIND may
owe you. You agree to execute financing statements and other instruments at
HI-MIND' s request. A £20.00 collection fee will be charged for all dishonoured
checks.
Title. Title to Product passes from HI-MIND
to you upon shipment to you. Title to software remains with the applicable
licensor(s).
Upgrades/Downgrades. The price of upgrades or
downgrades is set forth in HI-MIND 's price list. HI-MIND will issue a credit to
you for the return of parts being replaced from the new Product being upgraded
or downgraded. Your request for a credit must be made (and a Returned
Merchandise Authorization [RMA] number issued) within the time periods set forth:
Business and
Government Purchasers: within 30 (thirty) days of the date HI-MIND ships such
part(s)
Home Use Purchasers:
within 15 (fifteen) days of the date HI-MIND ships such part(s).
Upgrades and
downgrades are only available on new Product(s) purchased directly from HI-MIND.
Limited Warranties. The Limited Warranties applicable to
HI-MIND Products are included in the documentation along with the Product.
Third-party components or associated peripherals contained within or shipped
with a Customized HI-MIND Product or Third-Party Product are covered by their
respective manufacturer's warranties, unless otherwise agreed to in writing by
HI-MIND. If applicable, consult the manufacturer's warranty that accompanies the
Customized HI-MIND Product or Third-Party Product for details (if any).
Warranties applicable to parts purchased can be found on HI-MIND' s web site:
www.hi-mind.com.
Force Majeure. HI-MIND shall not be liable
for any delay in performance directly or indirectly caused by or resulting from
acts of nature, fire, flood, accident, riot, war, government intervention,
embargoes, strikes, labor difficulties, equipment failure, late deliveries by
suppliers, or other difficulties which are beyond the control, and without the
fault or gross negligence of HI-MIND. Quantities are subject to availability.
Limitations. HI-MIND MAKES NO WARRANTY WHATSOEVER WITH
RESPECT TO SOFTWARE INCLUDED IN ANY PRODUCTS SOLD BY HI-MIND AND ALL SOFTWARE IS
SOLD "AS IS" AND "WITH ALL FAULTS." EXCEPT AS SET FORTH
HEREIN, HI-MIND MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS AND
NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND CONFORMITY TO MODELS
OR SAMPLES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES,
SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO YOU. NO VARIATION OR EXCEPTIONS IN THE TERMS STATED
HEREIN CAN BE MADE WITHOUT WRITTEN AUTHORIZATION BY THE CHIEF EXECUTIVE OFFICER
OF HI-MIND.
Use of Products in Life Support, Nuclear, and
Certain Other Applications. PRODUCTS SOLD BY HI-MIND ARE NOT AUTHORIZED FOR
USE AS CRITICAL COMPONENTS IN MEDICAL DEVICES OR SYSTEMS OR IN NUCLEAR
FACILITIES WITHOUT THE EXPRESS WRITTEN APPROVAL OF THE CHIEF EXECUTIVE OFFICER
OF HI-MIND. IF YOU USE OR SELL THE PRODUCTS FOR USE IN ANY SUCH APPLICATIONS:
(1)
YOU ACKNOWLEDGE THAT
SUCH USE OR SALE IS AT YOUR SOLE RISK;
(2)
YOU AGREE THAT
HI-MIND IS NOT LIABLE, IN WHOLE OR IN PART, FOR ANY CLAIM OR DAMAGE ARISING FROM
SUCH USE, AND
(3)
YOU AGREE TO
INDEMNIFY, DEFEND, AND HOLD HI-MIND HARMLESS FROM AND AGAINST ANY AND ALL
CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES, AND LIABILITIES ARISING OUT OF OR IN
CONNECTION WITH SUCH USE OR SALE.
Limitation of Liability. IN NO EVENT SHALL
HI-MIND OR THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES RESULTING FROM HI-MIND'S PERFORMANCE OR FAILURE TO PERFORM
UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE, OR USE OF ANY GOODS OR
SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF
WARRANTY, THE NEGLIGENCE OF HI-MIND, LOSS OF DATA, OR OTHERWISE.
No Warranty of Intellectual Property
Rights.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HI-MIND DOES NOT WARRANT THAT PRODUCT(S)
ARE FREE OF CLAIMS OF PATENT, TRADEMARK, TRADE SECRET, OR COPYRIGHT INFRINGEMENT
BY A THIRD PARTY. HI-MIND HEREBY DISCLAIMS ANY SUCH WARRANTIES OR
INDEMNIFICATION FOR SUCH INFRINGEMENT(S) OF INTELLECTUAL PROPERTY RIGHTS.
Substitutions & Modifications. HI-MIND
reserves the right to substitute or change materials, parts, Product
specifications, or functional attributes at any time without notice. HI-MIND
also reserves the right to ship Product in multiple boxes and/or shipments.
User Rights to Software. The software
included with the Product is protected by copyright law and/or international
treaty provisions. Rights relating to a particular software program are listed
in the license agreement document provided by the owner(s) of the software
included with the Product. Title to software remains with the applicable
licensor(s).
Government License Rights and Rights in Technical
Data. This order includes only Commercial Items. As set forth in FAR Part
12, Acquisition of Commercial Items, the Government shall acquire only those
software license rights, and rights in technical data, that HI-MIND customarily
provides to the public concerning the Products.
Governing Law, Jurisdiction, and Costs. You
hereby consent to the jurisdiction and venue of the state courts of
Hi-Mind’s headquarter or Regional Hi-Mind’s subsidiary or agency
to resolve any and all customer disputes with HI-MIND, and you waive all
defenses to such jurisdiction and venue including, but no limited to, any
defense based on inconvenient forum. In the event you and HI-MIND are unable to
resolve any customer dispute, and any collection action, suit, or other judicial
proceeding is commenced, the prevailing party in any such collection action,
suit, or judicial proceeding shall be entitled to recover its costs and
reasonable attorney's fees incurred.
Assignment. You may not assign your rights or
obligations hereunder without the express prior written consent of HI-MIND.
Entire Agreement. These terms and conditions,
including those on the face hereof, constitute the entire agreement with regard
to this sale and expressly supersede and replace any prior or contemporaneous
agreements, whether written or oral, relating to said sale, including any terms
and conditions on any of your documents or purchase orders. This agreement shall
be binding upon the heirs, successors, and assigns of the parties hereto. If any
provision of this agreement shall be held to be invalid or unenforceable, the
remainder of this agreement shall remain in full force and effect.
Back Orders. In the event that your order consists of more than one line item,
HI-MIND reserves the right to ship the product(s) or system(s) that are
available immediately. The other item(s) will be placed on back order and ship
when available. HI-MIND, strives to update the product offerings to ensure the
accuracy of inventory availability. When product(s) becomes out of stock, your
order will be automatically placed on back order. Items placed on back order are
shipped as soon as they become available from the manufacturer or supplier. In
the unlikely event shipment of your order will be delayed more than thirty days
from the date of your order, HI-MIND, will contact you with new shipment information.
Delivery Charges. These charges vary with the weight of your order and the type of
shipping requested. Ask your sales representative for details.
Advertising Disclaimer. HI-MIND, is
not responsible for omissions or errors in typography or photography. All
purchases are subject to availability. Prices and specifications may be changed
without notice; prices do not include shipping and handling and any applicable
taxes, unless specifically required to be included under applicable contract.
Seller's return policy does not include return freight and original shipping/handling
charges, and all return and warranty periods begin from the date a product is
shipped, not when it arrived. A restocking fee may be charged upon the return of
a product. All sales are controlled by seller's current terms and conditions of
sale, and contract terms and conditions as applicable. Copies of seller's terms
and conditions of sale and contract terms are available on seller's website or
from its sales representatives. Product names used on this site are for
identification purposes only and may be trademarks of their respective companies.
Fraud. It is a violation of the law to place
orders under a false name or with an invalid credit card. We have a
sophisticated Fraud Control system that screens for suspicious orders, which are
subject to investigation and possible cancellation by our Fraud Control team.
Fraudulent ordering will be prosecuted to the fullest extent of the law. Please
be aware that even if you do not give HI-MIND, your
real name, your Web browser transmits a unique address to us, which can be used
by law enforcement officials to identify you
Compatibility. HI-MIND, does
not imply or guarantee that the Third Party products offered on this site will
be compatible with your computer.