Terms & Conditions

Terms & Conditions

See the Terms & Conditions on the back of our invoices Your use of the VeryUtils.com web site (the "Site") is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this Site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use this Site and please do not submit any orders for products or services.

These terms and conditions may be changed by VeryUtils.com, Inc. in the future. It is your responsibility as a user to periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are posted on the site. Your continued use of the VeryUtils.com web site following any amendments will constitute agreement to such amendments. These Terms of Service were last revised on October 10, 2007.

Payment Options:

We accept VISA, MasterCard, Discover, Money Orders, Cashiers Checks, Wire Transfers. We will not charge your credit card for an item until it is shipped. Credit card orders shipped to a location other than your billing address may require additional verification. Sales tax is collected only on shipments to Florida. All prices on the VeryUtils.com site are quoted in U.S. currency and all orders must be transacted in the same.

Prices & Availability:

Because of the fast-moving nature of our industry, prices and availability are subject to change without notice. If a product is not in stock when you place your order (for example, not yet available or sold out), we will do our best to let you know and to let you know when we anticipate the product will be available. Anticipated delivery dates are dependent upon vendor supplies and other factors and are subject to change.

Please note that all purchases are final. Some products may come with a manufacturer's Money Back Guarantee (MBG). In these instances, please directly contact the manufacturer. Some products are not returnable under any circumstances - please see the important exceptions outlined below.

Unauthorized or Refused Returns:

VeryUtils.com will not accept unauthorized returns or exchanges. Packages without a Return Authorization Number will be refused upon return to our warehouse. VeryUtils.com will impose a 30% restocking fee plus any applicable shipping and handling charges for refused shipments by the customer. Additional charges may apply if the merchandise is not returned in 100% complete condition in the original, unopened packaging. To complete a return, you must call an VeryUtils customer service representative to obtain an RA (Return Authorization) number before returning your product to VeryUtils . For faster service, please have the following information ready when calling for an RA number: Customer name, order number, item number and the reason for return.

Defective Returns:

Defective returns will be accepted for exchange or repair, at our discretion, within 15 days from the shipment date. No refunds or credit will be granted after 15 days, the terms of the manufacturer's warranty apply. Please contact the manufacturer directly. A product must be diagnosed "defective" by a member of the Technical Support Staff at the manufacturer. Any return found to be non-defective, once our warehouse has inspected it, is subject to a restocking fee of 25% and all non-product-related fees (shipping and handling fees) are not refundable.

Special Return Policy for Reconditioned Products:

Reconditioned defective returns will be accepted for exchange or repair, at our discretion, within 10 days from the shipment date. No refunds or credit will be granted after 10 days, the terms of the manufacturer's warranty apply. Please contact the manufacturer directly. These products have been previously sold and returned, reconditioned by an Authorized Service Dealer and repackaged for selling purposes.

Money-back Guarantees:

VeryUtils.com does not offer a money-back guarantee on any product.

Typographic, Photographic & Technical Errors:

Although we do our best to achieve 100% accuracy, occasionally errors & inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products & packaging depicted may differ from stock available at time of shipment. We reserve the right to substitute equivalent items.

Warranty Disclaimer and Limitations on Liability:

VeryUtils.com PASSES THROUGH TO ITS CUSTOMERS ALL MANUFACTURERS¹ WARRANTIES AND GUARANTEES THAT ARE PROVIDED FOR THE PRODUCTS IT SELLS. VeryUtils.com MAKES NO ADDITIONAL OR INDEPENDENT WARRANTIES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VeryUtils.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

VeryUtils.com SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR OPPORTUNITIES) OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF VeryUtils.com FOR ALL DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT. LIKEWISE, VeryUtils.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS CATALOG OR WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. ALL MERCHANDISE IS SOLD ³AS IS². PLEASE CHECK MANUFACTURER PACKAGING AND MATERIALS FOR COMPATIBILITY. VeryUtils.com MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE SOLD. WE ARE NOT RESPONSIBLE FOR SYSTEM DOWNTIME, LOST DATA, ETC. THIS DISCLAIMER BY VeryUtils.com IN NO WAY AFFECTS THE TERMS OF ANY APPLICABLE MANUFACTURERS¹ WARRANTIES OR GUARANTEES.

Disputes:

Any claims against VeryUtils.com relating in any way to your purchases from VeryUtils.com shall be submitted to confidential arbitration in Doral, Florida. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator¹s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In any such arbitration, the parties shall be responsible for their own costs, expenses and attorney¹s fees. [This clause can be made more specific concerning the method and manner of dispute resolution.] In the event that this arbitration provision is unenforceable, any litigation regarding this agreement or any transaction between the customer and VeryUtils.com shall be brought in the state or federal courts located in Dade County, Florida, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper.

Governing Law:

Transactions between you and VeryUtils.com, and any disputes arising between you and VeryUtils.com related to any interaction between you and VeryUtils.com, including but not limited to claims relating to the content of its catalogs and Web site, shall be governed by and construed in accordance with the laws of the State of Florida without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Title - Risk of Loss:

Title to items being purchased passes from VeryUtils.com to purchaser at the time of shipping. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. VeryUtils.com will not incur any forwarding costs on shipments. VeryUtils.com shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo or other acts or events outside of the reasonable control of VeryUtils.com.

Return Procedures:

The RA Number. Please note that ALL SALES ARE FINAL. Products manufactured by Sony, Fujitsu, Hitachi, Umax, IBM, Microsoft, NEC, Toshiba, Quark, and Compaq are not returnable to VeryUtils.com for ANY reason. ALL CPU SALES ARE FINAL. Any product returned will be credited the lower of the purchase price or current price plus and restock fees. No return will be accepted without a return authorization (RA) number. To request a RA number, please contact an VeryUtils.com Customer Service Specialist. RA numbers are valid for ten business days after issue. Your RA number(s) must appear clearly on the shipping label of the return shipment. Affix a label to the box: PLEASE DO NOT MARK THE BOX ITSELF IN ANY WAY. In the case of any product(s) returned for any reason, the returned item(s) must be 100% complete, in original and re-salable condition, with all packaging, manuals, registration card(s), accessories and software. We reserve the right to refuse a return on any product that does not meet these requirements. Shipping and Handling Fees are not refundable.

Additional Information:

VeryUtils.com policies are subject to change without notice. We do our best to ship all orders as rapidly and accurately as possible. However, VeryUtils.com is not liable for late or delayed shipments or system failures. Title to items being purchased passes from VeryUtils.com to purchaser at the time of shipping. If you purchase items for export, you must obtain from the Federal government certain export documentation. Terms of VeryUtils.com's agreements with numerous vendors in the catalog forbid us from exporting product. Some products are not available for sale to schools. All trademarks and registered trademarks are used to benefit of their respective owners.

Ordering Options:

We accept orders online 24 hours a day, 7 days a week.

Phone Hours:

Sales and Customer Service Specialists can take your call, Monday—Friday, 9 a.m. to 6 p.m. Eastern Time

Customer Service Online: Contact us via website

All trademarks and registered trademarks are used to benefit, and without intent to infringe on, the mark holder.

The VeryUtils.com logo is a registered trademark of VeryUtils.com, Inc.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, and the compilation of this content are the property of VeryUtils.com, Inc. or its content suppliers and protected by U.S. and international copyright laws. All software used on this site is the property of VeryUtils.com, Inc. or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.

Trademarks

VeryUtils.com and the VeryUtils.com Logo are service marks of VeryUtils.com, Inc. in the United States and other countries. VeryUtils.com's service marks may not be used in connection with any product or service that is not provided by VeryUtils.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VeryUtils.com, Inc.

All other trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between VeryUtils.com and these companies.

Making Purchases

If you wish to license or make purchases of products or services described on the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to VeryUtils.com will be accurate, complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping, handling, and processing charges relating to your purchases. International shipping charges may vary. Any difference in shipping price will be the responsibility of the purchaser.

Pricing and Typographical Errors

Due to the fast pace of the computer and consumer products industries, all prices are subject to change without notice. We make every effort to provide you the most accurate, up-to-the-minute information. Despite our best efforts, a small number of the items on our web site may be mis-priced.

In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, VeryUtils.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

If an item's correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.

While we make every attempt to verify prices before charging your credit card, VeryUtils.com shall have the right to refuse or cancel any orders placed on mis-priced product whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, VeryUtils.com shall immediately issue a credit to your credit card account in the amount of the incorrect price.

We believe that day-in, day-out, our pricing is very attractive relative to our competition. Combined with our product assortment, product availability and service level, we believe that we offer a compelling shopping experience. With that in mind, we do not "match" competitor's pricing, offer price protection, or provide "quantity quotes."

Order Acceptance Policy

The advertisement of any product on this site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. VeryUtils.com reserves the right at any time after receipt of your order to accept or decline your order. VeryUtils.com reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item in accordance with our order limitation policy.

All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit department. We may require additional verifications or information before accepting any order.

Scanner and Printer Software

Software packages for all scanners, printers, CD-RW drives, and other peripherals are subject to change without notice.

Products and Services

All new products and services available for order through the Site are distributed on behalf of third-party suppliers ("Suppliers"), unless otherwise indicated, and are sold with the Supplier's limited warranty. The warranty periods and service varies by Supplier and product. The full text of any such warranty is available, free of charge, upon written request addressed to VeryUtils.com, Inc., ____________ Attn: Manufacturer's Warranty Request. Certain optional extra protection may be available at additional cost.

Except for the VeryUtils.com Return Policy, all of your rights and remedies with respect to your order, purchase, possession, and use of the products and services and all maintenance, update, warranty, liability, and any other obligations related to the products and services, if any, shall be governed by the applicable policies and procedures of the Suppliers.

Disclaimer and Limitation of Liability

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, MANUFACTURER OR SUPPLIER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY VeryUtils.com. VeryUtils.com DOES NOT WARRANT THAT YOUR ACCESS TO THE SITE AND/OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VeryUtils.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCT PURCHASED IN TERMS OF ITS COMPATIBILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

YOU AGREE THAT, EXCEPT AS PROVIDED UNDER THE VeryUtils.com RETURN POLICY, VeryUtils.com AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, CONSULTANTS OR OTHER REPRESENTATIVES ("SERVICE PROVIDERS") SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL. WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, OR ANY PRODUCTS OR SERVICES OFFERED, SOLD OR DISPLAYED ON VeryUtils.com SITE.

IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF VeryUtils.com AND ITS SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although VeryUtils.com attempts to ensure the integrity of the Site, it makes no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform VeryUtils.com so that it can be corrected.

Price and availability of products and services offered on the Site are subject to change without prior notice. To the extent we provide information on availability of products or services, you should not rely on such information. VeryUtils.com will not be liable for any lack of availability of products and services you may order through the Site.

Purchase for Export

Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. VeryUtils.com reserves the right to limit the availability of the Site and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Site is void where prohibited.

This site is controlled and operated by VeryUtils.com, Inc. from its offices within the State of Florida, United States of America. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with laws governing export of software and other applicable laws, including local laws, if and to the extent local laws are applicable.

If you purchase items for the purpose of export, you must obtain from the federal government certain export documentation, and that responsibility is solely yours. The terms of our agreements with some vendors represented in our online and print advertisements forbid us from exporting their products. Also, some products are not available for sale to schools. VeryUtils.com only ships within the 50 United States. Please click here for a list of our Non-Deliverable Addresses.

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