1) These Terms and Conditions apply to all equipment sales between CUSTOMER ("You") and Mac of All Colors, including, but not limited to, ownership entities and affiliates as applicable ("Us" or "We"), and you must accept these Standard Terms and Conditions in order to have a valid and complete order with Us:
2) Limited Warranty, Limitation of Warranties and Liabilities. All our products carry a 90 functional warranty. We will offer an identical replacement for any Hardware/Software defects that arises within the first 90 days. Warranty coverage excludes any accidental damage. In additional, all our products include a 1 year color coated finish warranty. We will warranty any defect in material or workmanship that arises from normal use. Color coated finish warranty excludes any accidental damage from drops or scratches.
3) Returns. All warranty claims must be requested through our customer support form on the website.
4) How To Contact our Technical Support Center. All support requests troubleshooting device or component failures, and return requests, should be initiated through our Support Center form. Support requests are responded to on a best effort basis (typically same business day). Support requests do not constitute a Service Level Agreement and do not impose Service Level Agreement obligations on us.
5) Waiver. Any waiver by either party of a breach of any provision of these Terms and Conditions shall not be considered as a waiver of any subsequent breach of the same or any other provision. We may elect to continue performance notwithstanding a breach by you but our performance shall not constitute a waiver of such breach nor otherwise limit our remedies.
6) Intellectual Property.
a. Ownership/Copyrights - . The Mac of All Colors website and all related materials and content, including, but not limited to all associated copyrights, are property of IT Holdings, LLC. and/or its affiliates. Without prior written permission, You may not copy, reproduce, transmit, distribute, download, or otherwise exploit or use the website and related materials and content, except to the extent necessary to evaluate and/or purchase the products offered for sale herein.
b. Trademarks/Descriptive Use/Non-Affiliation with Apple, Inc. - Mac of All Colors and the logo design are trademarks of IT Holdings, LLC. They may not be used as trademarks or to indicate affiliation, sponsorship, or affiliation without permission. Apple is a trademark of Apple, Inc. It is used on the Mac of All Colors website solely to describe the type of equipment being offered for sale. We are totally independent of Apple, and are not affiliated in any way with Apple, Inc. Any trademarks of other third parties are the respective properties of those parties, and except as specifically represented, are only used to accurately describe a party and/or its products/services and not to indicate affiliation or approval of such party.
7) Arbitration of Disputes. The parties agree that any controversy or claim arising out of or relating to these Terms and Conditions or performance hereunder, or any dispute arising out of the interpretation or application of these Terms and Conditions or the purchase of any equipment, component, other product from Us, which we are unable to resolve, shall be settled by arbitration in Alpharetta, Georgia by an arbitrator appointed pursuant to the American Arbitration Association's Commercial Arbitration Rules in effect at the time that a claim is made. Judgment upon the award rendered by the Arbitrator may be entered in any Court having jurisdiction. The decision by the arbitrator shall be final and binding upon the parties and/or their heirs, successors and assigns. The arbitrator shall have the power to award monetary and/or non-monetary relief, but shall not have the power to award punitive damages.
8) Severability. In the event that any provision(s) of these Terms and Conditions is determined (by a Court of competent jurisdiction) to be invalid, void, or unenforceable, the remainder of the provision or the provisions shall remain in full force and effect.
9) Law Governing. These Terms and Conditions and any disputes hereunder shall be governed by and interpreted in accordance with the laws of the State of Georgia, without regard to its conflict of law principles or provisions..
10) Entire Agreement/Merger. These Terms and Conditions, together with any purchase order or invoice issued by us to you, shall constitute the entire Agreement between the parties and may only be modified by a written instrument executed by you and by our authorized representative. These Terms and Conditions supersede the printed provisions set forth on any purchase order or similar document you may tendered to us as well as any and all oral or other communications relating to your purchase or potential purchase of anything from us. Neither you nor we shall be bound by any oral agreement or representation irrespective of by whom or when made.