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TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
APPLICABILITY OF TERMS AND CONDITIONS
The following terms and conditions govern the direct sale of computers, telephones and related products by Impera, LLC (“Impera”) to customers in the United States of America ("Customer"). By using this web site and/or accepting delivery of products ordered from Impera whether via this website, telephone, facsimile or other means, Customer agrees to be bound by and accepts these terms and conditions. If you do not wish to be bound by this Agreement, you must notify Impera immediately and return your purchase pursuant to Impera’s Return Policy. (See: Return Policy ) If returned, Product(s) must remain in the boxes in which they were shipped.
Impera reserves the right to change these terms and conditions without prior written notice at any time, at its sole discretion. The most current version will always be posted on this site (See: Terms and Conditions). These terms and conditions may not be modified, supplemented, or altered by the use of any other documents(s). Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by Impera.
- Internal Use
Customer agrees and represents that it is buying products from Impera for its own internal use and not for resale.
- Payment Terms; Orders
Terms of payment are within Impera’s sole discretion and payment must be received prior to Impera’s acceptance of an order. Payment for all products and services will be made by credit card.
Your order is subject to cancellation by Impera, at Impera’s sole discretion. Acknowledgment of receipt of an order does not constitute acceptance of the order by Impera. Product ordered may become unavailable due to product or parts shortages, discontinuance of product, or other reasons. In such event, Impera will promptly notify Customer via email or telephone.
- Prices
Prices and configurations shown are subject to change without prior notice at any time before acceptance of Customer order. Impera is not liable for any typographical errors or omissions and mistakes on prices.
- Shipping and Handling Charges; Taxes
Customer is responsible for shipping and handling charges and all applicable taxes. Unless Customer provides Impera with a valid tax exemption certificate applicable to your purchase of product and the product ship-to location, taxes will be collected for all states in which Impera is obligated to collect and report such sales.
- Title: Risk of Loss
Title and risk of loss passes from Impera to Customer on shipment from Impera or its contractor’s facility. Loss or damage that occurs during shipping is Customer’s responsibility. Customer must notify Impera within 14 days of receipt to report any portion of your purchase missing, damaged or incorrect.
Title to all software will remain with the applicable licensor(s).
- Shipment & Availability
Impera can only ship to Customers addresses in the United States. Impera cannot ship outside the United States, to APO and FPO Boxes or to Post Office Boxes.
Impera’s policy is one of continuous update and revision. Impera may revise or discontinue any product at any time without notice. Impera will ship Product that have the functionality and performance of the product ordered, but changes between what is shipped and what is described on our website, in specification sheets or our catalog are possible. Customer acknowledges that product availability may be limited, and particular products may not be available for immediate delivery.
Impera may deliver products in multiple shipments. Any delivery or shipment date provided is a good faith estimate. Impera will not be liable for any loss, damage or expense related to any delay in shipment or delivery.
- Limited Warranty
The limited warranties applicable to Impera hardware can be found at Limited Warranty or in the documentation provided with the product.
EXCEPT AS PROVIDED IN THE WARRANTY STATEMENT, IMPERA DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE IMPERA BRANDED PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IMPERA’S LIABILITY FOR WARRANTY CLAIMS ON IMPERA BRANDED PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE WARRANTY STATEMENT. FURTHERMORE, IMPERA WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES AND SERVICES ONLY UPON IMPERA’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM(S) TO BE WARRANTIED OR SERVICED.
IMPERA DOES NOT WARRANT ANY THIRD PARTY ACCESSORIES OR PRODUCTS. THIRD PARTY SUPPLIER IS SOLELY RESPONSIBLE FOR ALL WARRANTY, SERVICE AND SUPPORT, AND ALL OTHER PRODUCT RELATED ISSUES.
- Software License and Warranty
All software is provided subject to the applicable end-user license agreement included with the product and you agree that you will be bound by such license agreement. Warranties, if any, for the software shall be in accordance with the applicable license agreement. Impera does not warranty any software under these terms and conditions.
- Limitation on Liability
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, IMPERA’S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PRICE PAID BY CUSTOMER FOR THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL IMPERA, ITS SUPPLIERS AND SERVICE PROVIDERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, OR PRODUCT NOT BEING AVAILABLE, LOST OR CORRUPTED DATA OR SOFTWARE, OR THE LIKE), OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY.
- Return Policy: Exchanges
Impera’s return and exchange policy can be found at Return Policy. You must contact us directly to obtain a Return Material Authorization (RMA) Number before you attempt to return any products. An RMA must be requested within 14 days after Customer receipt of product and all products must be returned to Impera within 10 days of receipt of an RMA number.
Product must be returned to Impera in their original or equivalent packaging. Customer is responsible for risk of loss, shipping and handling fees for returning or exchanging product. Additional fees may apply.
Upon receipt, Impera will inspect the product to be certain all parts are included and there was no abuse or misuse of the product, or user negligence. Impera may reject the return for, or deduct costs associated with: missing parts, non-original packaging, abuse, misuse of the product or user negligence. Customer must follow the return and exchange policy and instructions provided by Impera or Impera will not be responsible whatsoever for any product that is lost, damaged, modified or otherwise processed for disposal. After receipt and inspection Impera will issue a refund in accordance with the return policy.
- Service and Support
All service and support is provided subject to the appropriate services agreements. If you purchase optional services and support from Impera, Impera and/or our contractor or assignee will provide such services and support to you, within the United States, in accordance with the applicable terms and conditions. (See: Terms and Conditions)
- Miscellaneous
- Entire Agreement
These terms of sale constitute the entire and sole agreement between Impera and Customer and supersedes all prior agreements, representations, warranties and understandings with respect to the subject matter of these terms.
- No Assignment .
Customer may not assign its rights or obligations under these terms and conditions without Impera’s prior written consent.
- Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provision of this Agreement will remain in full force and effect.
- Waiver
The failure of Impera to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.
- Export Control
This sale concerns products and/or technical data that may be controlled under the U.S. Export Administration Regulations and may be subject to the approval of the U.S. Department of Commerce prior to export. Any export or reexport by Customer, directly or indirectly, in contravention of the U.S. Export Administration Regulations is prohibited. Customer will not ship any products outside the United States without proper authorization. Customer will defend and hold Impera harmless against all claims, damages or liability resulting from breach of the foregoing.
- Governing Law
This Agreement, and all matters arising out of or related to this Agreement, shall be governed by the laws of the State of California without, without regard to conflicts of laws rules.
- Binding Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND IMPERA, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Impera") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Impera's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between customer and Impera.
NEITHER CUSTOMER NOR IMPERA SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Impera will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
- Marketing
Customer agrees that Impera may use Customer’s name in a published list of customer names and in other marketing materials produced by Impera.
- Force Majeure
Neither party shall be responsible for failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, riot, act of God, or governmental action, provided written notice of the occurrence of any such condition is delivered to the other party in a timely manner.
- Headings
All headings contained in this Agreement are inserted for identification and convenience, and will not be deemed part of this Agreement for purposes of interpretation.
- Notices
This contract is in electronic form. We have the right to send you information in electronic form. There may be other information about the service that the law requires us to send to you. We may send this information to you in electronic form.
We may provide required information to you in the support area of our website or by email at the email address you specified when you signed up for the service.
Notices will be deemed given and received on the transmission date of the e-mail as long as you can access and use the service and you have the necessary software and hardware to receive these notices. If you do not consent to receive notices electronically, you must cancel the service
All notices to Impera must be in English, in writing, and will be deemed given when entered into Impera’s support website, delivered by hand or five (5 days) after being sent to the address or to the facsimile numbers set forth below, using a method that provides for positive confirmation of delivery:
Impera LLC
25108 Marguerite Parkway
Suite a-115
Mission Viejo, CA 92692
Fascimile: 866.339.8783
We cannot accept email notices at this time.
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