By accepting delivery of any product delivered from DV Warehouse, Inc.("DV Warehouse"), you ("Customer") agree to be bound by the
terms and conditions listed below. You and DV Warehouse agree that the following terms and conditions are the exclusive terms
governing the sales transaction between Customer and DV Warehouse. Any attempt to alter, supplement, modify or amend these terms
and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition,
these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and
conditions carefully each time you place an order with or accept delivery of any goods from DV Warehouse.
GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon DV Warehouse until it is accepted; DV Warehouse must receive payment before it
will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other
method prearranged with DV Warehouse. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest
on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Your total cost for purchase of any product will include shipping and handling charges shown on the DV Warehouse invoice.
Each box contains a PACKING SLIP indicating what is in the box. It is the Customers responsibility to check the items received against
the pack slip, and report to DV WAREHOUSE any discrepancies immediately
Non-stock items are considered Special Orders. Special Orders are non-returnable and sales of Special Orders are final.
Customer and Quotes
We strive to provide you with an accurate phone or written quote. However, we are not obligated to sell any products as quoted due to
unintentional data entry or other errors. Quoted and actual price, availability and delivery time of the equipment may vary.
Apple Parts Exchange Policy
1. Customer have to pay the full amount of the part up front, then a credit will be issued for the exchange price once the exchanged unit has been approved by Apple. An alternative, to avoid purchasing the replacement part up front, is to send the defective part here and we'll order the exchange unit upon recieving it.
2. Customer are responsible for the shipping charges. The defective product should be recieved within 7 days after placing the order.
3. There shouldn't be any physical damage or missing parts from the unit we recieve back or else it will not get accepted as a replacement core by Apple.
4. When you ship the parts for exchange, please try to provide us with the following information:
Part No. + Description
Due to the complex nature of Computer orders, we require one PO per order from institutional Customers. No order can be processed
without a PO. When an order is processed, a sales invoice is generated and a confirmation is emailed to the entity. Order Cancellation:
Orders placed may not be canceled without good cause. All cancelled orders with good cause are subject up to a 25% RE-STOCKING FEE.
Product Return Procedure
To return a product based upon DV Warehouse's replacement/return policy, you must obtain a Return Merchandise Authorization ("RMA")
number within the guarantee return period for the product. DV Warehouse will not accept returns without prior authorization and a RMA
number. Once issued, RMA numbers are valid for 10 days within which return products must be received by DV Warehouse. RMA
numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes
containing the returned product.
Customer is solely responsible for shipping any returned product to DV Warehouse. Customer agrees to use only reputable carriers
capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping charges
and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable
condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer.
If any component of the returned product is missing, DV Warehouse's Return Procedure will be breached and DV Warehouse will reject the entire
returnor may choose to impose additional charges against the customer for replacement of the missing component.
DV Warehouse will not refund to Customer the original shipping charges. In addition, DV Warehouse will assess up to a 25% restocking fee
against the Customer's account on all returns for refund.
DV Warehouse is a distributor only. Products sold by DV Warehouse are not manufactured by DV Warehouse. The products may,
however, be covered by each manufacturer's warranty, service, and support policy (if any). DV Warehouse assigns and passes through to
the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and
only as against the manufacturer of the products. DV Warehouse MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE
PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. DV Warehouse DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY
SUCH PRODUCT,INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Fitness for a Particular Purpose:
We are ready to assist you in choosing the right product for your Computing & DV applications needs. However, the final responsibility of
compatibility and/or fitness for a particular purpose lies with the CUSTOMER.
Refurbished merchandise are products that have been returned to their respectful manufacturer. These items are serviced and tested by the
manufacturer and should be fully-functional and in full working condition.
LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES DV WAREHOUSE'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. DV WAREHOUSE
SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER
CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. DV WAREHOUSE SHALL NOT BE LIABLE FOR THIRD PARTY
CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION,DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE
TO EXEMPLARY DAMAGES, WHETHER OR NOT DV WAREHOUSE IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
Title; Risk of Loss
DV Warehouse will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s)
-- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. DV Warehouse reserves a purchase money security interest
in the product(s) until its receipt of the full amount due. Customer agrees to allow DV Warehouse to sign appropriate documents on Customer's behalf to permit
DV Warehouse to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license
agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken.DV Warehouse will advise
Customer of estimated shipping dates, but DV Warehouse will, under no circumstances, be responsible for delays in delivery, and associated damages,
due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between DV Warehouse and Customer shall be governed by the laws of the
State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed
by the United Nations Convention on the International Sale of Goods. DV Warehouse and Customer consent to the exclusive jurisdiction and the venue of the State
Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this
exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including
contract, tort, equity or otherwise, against DV Warehouse that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not
affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the
most similar result`that is valid and enforceable under applicable California law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such
performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing
waiver of that provision unless such waiver is made in writing.
In the event a Third Party assumes title to the equipment and responsibility for payment of the equipment shipped from DV Warehouse to an end-user at its direction, that
Third Party is considered DV Warehouse customer and this agreement in its entirety is between that customer and DV Warehouse, and that customer assumes full responsibility for
payment of DV Warehouse invoices within 30 days after the entire order has been delivered to its end-user.
These terms and conditions, together with the DV Warehouse's invoice respecting the products ordered by Customer, are the complete and exclusive agreement between
DV Warehouse and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties,
and all other communications between DV Warehouse and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior
course of dealings or trade by custom or usage.
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