Terms and Conditions
Welcome to Forensic Computers, Inc.
Forensic Computers, Inc. provides this service to you subject to the following conditions. Please read them carefully.
Agreement: These Terms and Conditions shall constitute the entire agreement (the “Agreement” or “Terms and Conditions”) between Forensic Computers, Inc. (“FCI”, “we” or “us”) and you with respect to the subject matter hereof. These Terms and Conditions are controlling and supersede any prior or contemporaneous agreements, understandings or representations, oral or written, relating to the subject matter hereof. These Terms and Conditions govern in the event of any conflict between these Terms and Conditions and any provision offered by you, the terms of which, whether conflicting, supplemental or otherwise, are hereby expressly rejected.:
Payment Terms: Online webstore payment is to be made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we will not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. Items will not ship until the credit card charge is approved. When puchase is made via an accepted purchase order, payment is due upon agreed terms which start from the invoice date. Invoices not paid within the agreed terms will be assessed interest at the rate of 1.5% monthly (18.0% APR) with a minimum of $.50 finance charge.
Taxes and Other Charges: You must pay any tax, fee or other charge imposed as a result of the sale and/or shipment of the Products sold to you, now imposed by federal, state, municipal or any other governmental authorities or hereafter becoming effective for or during the period hereof, except for our franchise taxes and taxes on our net income. If Product ships to a Virginia, U.S.A. address will be subject to Virginia Sales Tax unless you are Tax Exempt.
Risk of Loss and Ownership; Delivery: Title and risk of loss pass to you upon delivery of the shipment. Any claim for Products damaged in shipment will be submitted by FCI to the carrier. In the event a shipment arrives damaged call FCI immediately. Any delivery or shipment date is an estimate only.
Force Majeure: We shall not be liable for any loss, damage, delays, changes in shipment schedules or failure to deliver caused by any event beyond our control, including, without limitation, accident, fire, actual or threatened strike or riot, explosion, mechanical breakdown (including technological or information systems), plant shutdown, unavailability of or interference with necessary transportation, any raw material or power shortage, compliance with any law, regulation or order, acts of God or public enemy, prior orders from others, or limitations on our or our suppliers’ products or marketing activities or any other cause or contingency beyond our control.
Limitation on Warranty and Remedies: Unless otherwise stated on the Invoice, we warrant to you that any will product be free from defects in materials and/or workmanship for a period of one (1) year from the date of shipment. During the warranty period, we will, at our option: (i) repair the Product, or (ii) replace the Product with a comparable Product. Any replacement parts or Products will be new or serviceably used, comparable in function and performance to the original part or Product, and warranted for the remainder of the original warranty. We reserve the right to modify this warranty statement at any time, at our sole discretion. You represent that you have used your own independent skill and expertise in connection with the selection and use of the Products purchased pursuant to this Agreement, and that it will independently determine the suitability for each use for which it is purchased.
This limited warranty does not cover, and shall automatically become null and void, for the following reasons: abuse, misuse, accident or problems with electrical power; improper storage, installation, application or maintenance; failure to notify us of a claimed covered defect when and as required by this agreement; or failure to use the products in accordance with our specifications and standard operational guidelines. This warranty is exclusive, and except as expressly set out in this agreement, we make no other warranties of any kind, express or implied, and disclaim all warranties, including any implied warranty of merchantability or fitness for a particular purpose. We shall under no circumstances, whether for a failure of its limited remedy or otherwise, be liable to you or otherwise for special, incidental, direct, punitive, or consequential damages. Warranty may be suspended or terminated in the event that payment has not been made within the agreed terms or assessed interest is not paid in full. No waiver, alteration, addition or modification of the foregoing conditions shall be valid unless made in writing and signed by an officer of Forensic Computers, Inc.
Products: Our policy is one of on-going product update and revision. We may revise and discontinue products at any time. We 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 quotation is possible. The parts and assemblies used in building our products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned by the manufacturer.
Export Control: Products obtained under these terms and conditions are subject to export laws and regulations of the United States of America. The Export License process with the United States Department of Commerce can take a minimum of 30 days.
Our Remedies: In the event you default on any of your obligations, we have all rights and remedies available under law or equity, including but not limited to, the right of immediate sale or recovery of the Products, without notice or liability. Furthermore, you will pay any attorneys’ fees we incur in enforcing these Terms and Conditions.
Indemnification: You shall indemnify and hold us harmless from and against any and all claims, actions, suits, proceedings, costs, demands, damages and liabilities of any nature, relating to or in any way arising out of the delivery, rejection, installation, possession, use, operation, control or disposition of the Products.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Virginia, U.S.A, excluding conflict or choice of law provisions, and you agree to submit to the jurisdiction and venue of the courts of Virginia.