Terms of Sale
Customer Acknowledgment. Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from Request Software.
All Sales Made In California. All sales shall be deemed made in the State of California, USA, regardless of the location of the Customer. The Customer agrees that any dispute with Request Software arising out of the Customer's purchase from Request Software shall be brought by the Customer exclusively in the state or federal courts situated in the State of California; and the Customer hereby agrees that such venue is appropriate and that Request Software's agreement to sell and deliver products to the Customer is dependent on this provision.
Purchase Price. (a) Prices and promotions are listed in Request Software's Web site, and are subject to change without notice. Prices for certain governmental, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties. (b) Payment is due before shipment, unless credit terms have been arranged in advance with Request Software's Credit Department. In such case, payment terms shall be as set forth in the credit agreement. (c) Request Software collects sales and use taxes for sales made to residents of the State of California. Request Software shall not be liable for handling or customs charges for shipments outside the United States.
Shipping Terms. Shipping terms are: F.O.B. El Cerrito, CA. Request Software will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Risk of loss is upon Customer once Request Software delivers the Product to the carrier. Delivery times are estimates only and Request Software shall not be liable for delays.
Vendor License Agreements. Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
International. Products sold from Request Software, including equipment and software, may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.
LIMITED MANUFACTURER'S WARRANTY. (a) Request Software warrants that it has proper authority to license the software Products it distributes (b) Request Software does not warrant the performance or integrity of any Product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective Products. (c) YEAR 2000 DISCLAIMER. REQUEST SOFTWARE ENCOURAGES ITS SUPPLIERS TO MAKE THEIR PRODUCTS AND SERVICES YEAR 2000 COMPLIANT. HOWEVER, REQUEST SOFTWARE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCT IT ADVERTISES OR SELLS IS FREE FROM DATE RELATED ERRORS RESULTING FROM THE TURN OF THE CENTURY (THE YEAR 2000). ANY INFORMATION PROVIDED ON PRODUCTS HAS BEEN FURNISHED BY THE MANUFACTURER AND IS PROVIDED TO END USERS "AS IS." STATEMENTS MADE TO YOU IN THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND READINESS DISCLOSURE ACT, (___U.S. C.___) (P.L. 105-271). IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF. (d) REQUEST SOFTWARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY. IN NO EVENT SHALL REQUEST SOFTWARE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER'S OR PUBLISHER'S END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL REQUEST SOFTWARE'S LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM REQUEST SOFTWARE. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
30 Day Money Back Guarantee – You may request a full refund for any Electronic Distributed Software at anytime, for any reason, at your sole discretion within thirty (30) days of the of purchase and receive a full refund of all fees paid to Request Software.
Within 30 days from the date of purchase, send an email to xcart@requestsoftware.com and include either 1) the original email receipt with contact email address, or 2) the original purchase date, name, address, phone number and email of purchaser, description of product to return. Request software will promptly issue a credit to the credit card used for the original purchase.
These Terms of Sale represent the complete and final agreement between the Customer and Request Software for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in Request Software's invoice for the relevant sale. Terms contained in Customers' purchase orders, offers to buy, terms and conditions, and the like shall have no effect.
General. (a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of California. (b) In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect. (c) Request Software shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo. (d)These Terms of Sale may be modified from time to time from Request Software without notice, and are current as of the date of the then current Web site. Please refer to the current Web site.