Terms and Conditions of Sale

 

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.

 Taxes. Unless otherwise stated on the face hereof, prices do not include any customs duties, sales, use, value added, excise, federal, state, local, or other taxes. All such duties or taxes shall be paid by you, or, in lieu thereof, you shall provide HI-MIND with an appropriate tax exemption certificate.

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.

 Component Resale. You shall not engage in the business of reselling components purchased from HI-MIND, or remove components from Product for resale, except upon express prior written authorization by 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.

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