PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.

BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY NEXTDAY NETWORK, INC. , YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.


Acceptance of Orders
Backorders
Copyright
Links & Web Sites
Payment Methods
Credit Cards
Checks & Money Orders
Privacy Policy
Product Pricing
Refurbished Merchandise
Return Policy
General Return Policy
Return of Defective Products
Return of Non-Defective Products
No Return of Custom Orders/BTO Products
Cancellation of Order / Refusal of Shipment
Return of Products Instructions
Service & Support
Shipping
Tax
Typographical Errors
Accuracy of Information and Disclaimer of Warranty
Warranties
Manufacturer Warranties
Warranty Disclaimer

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ACCEPTANCE of ORDERS

Your receipt of an electronic or other form of order confirmation from NEXTDAY NETWORK, INC. does not constitute an acceptance of your order, nor does it provide confirmation of our offer to sell. NEXTDAY NETWORK, INC. reserves the right, at any time after receipt of your order and without prior notice to you, to supply less than the quantity you ordered of any item. NEXTDAY NETWORK, INC. may require additional authorizations, verifications or other credit information before accepting any order. NEXTDAY NETWORK, INC. reserves the right to accept or decline any order for any reason.

BACKORDERS

At NEXTDAY NETWORK, INC., we automatically update our on-line store so that we may offer to our customers the most up-to-date products available. Even though our site carriers over 100,000 items, due to the popularity of some products, we may not always have an item in stock. We have included product availability information on our product pages so that you will know if the item is currently available. NEXTDAY NETWORK, INC. will accept orders for out-of-stock items to ensure that you will be the first to receive the product once it becomes available. If your order is not in stock, the product will be placed on backorder and shipped when the item is available. You may cancel a backorder at any time prior to shipping by calling our Customer Service number.

COPYRIGHT

All information appearing on NEXTDAY NETWORK, INC.’s web site is protected by international copyright laws and treaty provisions. All rights not expressly granted herein are reserved. The copyright on such information and content is held either by NEXTDAY NETWORK, INC. or by the original creator of the information. None of the information or content may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by means other than those described by NEXTDAY NETWORK, INC. or with NEXTDAY NETWORK, INC.’s prior written permission. Any unauthorized use of information appearing on NEXTDAY NETWORK, INC.’s web site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

LINKS & WEB SITES

Certain links will allow you to leave NEXTDAY NETWORK, INC.'s web site. NEXTDAY NETWORK, INC. makes no representation about or accepts any responsibility for content, electronic links or software problems on manufacturers' web sites. The linked sites are not under the control of NEXTDAY NETWORK, INC., and NEXTDAY NETWORK, INC. is not responsible for any linked site or any link contained in a linked site, or any changes or updates to such sites. NEXTDAY NETWORK, INC. is not responsible for webcasts or any other form of transmission received from any linked site. NEXTDAY NETWORK, INC. provides links only as a convenience, and the inclusion of any link does not imply endorsement by NEXTDAY NETWORK, INC..

PAYMENT METHODS

Credit Cards

We accept major credit cards including Visa, MasterCard, Discover and American Express. There is no surcharge for using your credit card to make purchases with NEXTDAY NETWORK, INC.. Please be sure to provide your exact billing address (as listed by the issuing bank) and telephone number. Incorrect information may cause a delay in processing your order. The charge on your credit card will be processed at the time your purchase is ready for shipment.



Checks & Money Orders

NEXTDAY NETWORK, INC. accepts money orders, cashier’s checks, personal checks, and company checks in U.S. Dollars only. Orders are processed upon receipt of a money order or cashier’s check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. NEXTDAY NETWORK, INC. cannot guarantee the availability of a product or price by the time funds clear or payment is received. A $25 fee is charged on all returned checks.

Instructions for paying by cashier’s check/money order. The product will be shipped when the check has cleared. Print your NEXTDAY NETWORK, INC. order form and send it with your payment to:

NEXTDAY NETWORK, INC.
Order Processing
3771 Rio Road Building 102
Carmel, CA 93923

Note: Please make sure your NEXTDAY NETWORK, INC. order number is written on all payments. We also suggest sending the payment to NEXTDAY NETWORK, INC. by Federal Express, UPS, or other carrier which tracks its deliveries to ensure delivery. Saturday Delivery will not be accepted.

Damaged Merchandise

If a product appears to be damaged at the time of delivery, it is best to REFUSE it back to the carrier attempting delivery. If you accept the damaged package make sure it is noted on the carrier's delivery record in order for NEXTDAY NETWORK, INC. to file a damage claim. Save the merchandise AND the original box and packing it arrived in. Notify NEXTDAY NETWORK, INC. immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify NEXTDAY NETWORK, INC. of damaged goods within 15 days of delivery, our regular return policy will override any claim of damage, and the product will fall under all current manufacturer restrictions.

Product Pricing

All Prices are subject to change without notice and will be established at the time of order acceptance by NEXTDAY NETWORK, INC.. Order acceptance and sale by NEXTDAY NETWORK, INC. occurs at the time of shipment. Prices for backordered products are not guaranteed.

Refurbished Merchandise

Although the great majority of products sold at NextDayPC are brand new and factory-sealed products, NextDayPC.com also offers some factory refurbished merchandise to its customers.  These products are usually priced lower than their brand new counterparts and fall under different return and warranty rules.  As a general practice, NextDayPC attempts to verify with all customers who order refurbished products by email or phone that they are aware of the condition of the refurbished merchandise they are about to purchase and also are aware of the special return and warranty rules that apply to them. REFURBISHED MERCHANDISE ARE UNDER MANUFACTURERS WARRANTY FOR 30 DAYS AND CAN ONLY BE EXCHANGED IF ARRIVED DAMAGED OR DEFECTIVE.

PRIVACY POLICY

· NEXTDAY NETWORK, INC. respects your privacy and values your trust in us. We strive to earn your confidence so that you can enthusiastically use our services and recommend us.

· NEXTDAY NETWORK, INC. does not secretly collect information from visitors to our web site. We do not sell, rent or barter mailing lists of our customers who have opted to be excluded from such transactions.

· We do not reveal a customer's name or address to any promotional partner unless the customer affirmatively responds to the promotional offer.

· We do collect and store the names, addresses, credit card numbers and other personally identifying information of customers who make purchases. This information is saved in a secure off-line environment. It is used only to process purchases. At the customer's request, we will not send to the customer any information or offers unrelated to the customer's specific purchase offer.

· To provide faster, high quality service, we use "cookies" technology to reduce the time required for customers to submit purchase requests. Cookies are small bits of code, usually stored on a user's computer hard drive, which enable a web site to "personalize" itself for each user. No other company has access to our cookies.

· For all transactions, we employ reasonable and up-to-date Internet security methods and technologies.

· We may reveal general data about our web site, such as number of visitors, number of goods and services purchased, etc.



RETURN POLICY

Please contact our Customer Service Department before you make a return. No returns will be accepted without a valid accompanying authorization number and a copy of the original invoice. NEXTDAY NETWORK, INC. will not accept returns of opened software, memory, custom orders or build-to-order (BTO) products.

General Return Policy

Before returning any product, you must contact our Customer Service Department within thirty (30) days of your invoice date for a Return Merchandise Authorization (RMA) number. The RMA number is good only for one (1) or more items from the same order and must match the product(s) authorized for return. The RMA is valid for ten (10) days from date of issuance. Returns will not be accepted without an RMA. Manufacturer restrictions do apply to all products. Any item missing the UPC can only be replaced with the same item. After thirty (30) days, only manufacturers’ warranties apply. NEXTDAY NETWORK, INC. reserves the right not to authorize the return of products that are no longer in production, or are being produced or published by a manufacturer or publisher that is insolvent, in bankruptcy, or will not accept returns from NEXTDAY NETWORK, INC.

Software and software licensing may not be returned unless an exception is allowed by the manufacturer or the distributor of the item in question. In case of such exceptions, NEXTDAY NETWORK, INC. offers only a credit or replacement on unopened items.The warranty period and service varies by manufacturer and product. Extended warranties are sometimes offered directly through the manufacturer; please contact the manufacturer if you are interested in purchasing an extended warranty that may not be available through NEXTDAY NETWORK, INC.. ALL returns must be processed pursuant to the Return of Products Instructions listed below. Any deviation from these instructions could result in a delay in processing or a complete forfeiture of your credit. Defective products such as laser printers, inkjet printers, fax machines, opened software, memory and special order items may only be returned for a replacement and not for a credit. Shipping fees, minimum order fees and insurance charges are not refunded.

Return of Defective Products

A defective product can be returned within thirty (30) days of the invoice date for: credit, replacement, exchange or repair (at NEXTDAY NETWORK, INC.’s discretion). If you do not wish to receive a replacement product, credit will be issued for the product only. We will not credit the shipping costs. To return a defective product, please contact our Customer Service Department for a Return Merchandise Authorization (RMA) number and follow the Return of Products Instructions below. The RMA is valid for 10 days from date of issuance. Returns will not be accepted without an RMA. Manufacturer restrictions do apply. Any item missing the UPC can only be replaced with the same item. After thirty (30) days, only manufacturers’ warranties apply.

Return of Non-Defective Products

A non-defective product can be returned to NEXTDAY NETWORK, INC. within thirty (30) days of the invoice date for: credit or exchange (at NEXTDAY NETWORK, INC.’s discretion). All non-defective returns are subject to a 20 percent (20%) restocking fee. To return a defective product, please contact our Customer Service Department for a Return Merchandise Authorization (RMA) number and follow the Return of Products Instructions below. The RMA is valid for 10 days from date of issuance. Returns will not be accepted without an RMA. Manufacturer restrictions do apply. Any item missing the UPC can only be replaced with the same item. After 30 days, only manufacturers’ warranties apply.
Due to manufacturers' policies, products from the following brands are accepted for repair only : Apple, Compaq, IBM, and Hewlett-Packard. NextDayPC may not accept returns for exchange, replacement or credit.



No Return of Custom Orders/BTO Products

NEXTDAY NETWORK, INC. does not accept returns of custom orders, build-to-order products or white boxes. Only manufacturer warranties apply to these products. If you have problems or questions regarding the return or replacement of a custom product you have received, please direct your questions to the manufacturer of the product.


Cancellation of Order / Refusal of Shipment
Once an order for any product has been processed (payment has been processed and the order placed with the supplier), a non-refundable processing fee of five percent (5%) will be charged to the customer if the order is cancelled prior to being shipped or if delivery of the product is refused after the product has been shipped.


Return of Products Instructions

NEXTDAY NETWORK, INC. is confident in the quality of our products. If you need to return a product, please contact our Customer Service Department within thirty (30) days by e-mail or by phone at 800-270-0700. Before returning any product, you must contact our Customer Service Department within thirty (30) days of your invoice date for a Return Merchandise Authorization (RMA) number. The RMA number is good only for one (1) or more items from the same order and must match the product(s) authorized for return. The RMA is valid for ten (10) days from date of issuance. Returns will not be accepted without an RMA. Manufacturer restrictions do apply to all products. Any item missing the UPC can only be replaced with the same item. After thirty (30) days, only manufacturers’ warranties apply.

Please have the following information at hand when requesting a replacement: (refer to packing slip)

· Order Number

· Product SKU number

· Bill-to zip code

· Bill-to phone number

Please follow these instructions when sending your original item back:

· All products must be 100% complete and in original condition with all original packing material and boxes (with original UPC codes on manufacturer boxes), manuals, software, blank registration and warranty card(s) and all other accessories and documentation provided by the manufacturer.

· The RMA number must appear on your return packing label. Please do not write on the outside of the box. The RMA number is good for only one (1) item and must match the product authorized for return. Returns will not be accepted without an RMA.

· Return your package to the address given to you by the NEXTDAY NETWORK, INC. Returns Department. You must send your package(s) via UPS, Federal Express, or other delivery service with tracking information. (Do not send your package(s) via the U.S. Mail.)

· NEXTDAY NETWORK, INC. strongly recommends that you fully insure your return shipment in case it is lost or damaged, and that you use a carrier that can provide proof of delivery for your protection.

· You must submit tracking numbers for every package shipped to our returns department.

· Remember to include your packing slip from the original order.

· All shipping and handling on returned products must be prepaid by the customer.

· There will be a $35.00 re-box fee for products returned in a damaged box.

· Any returns sent to NEXTDAY NETWORK, INC.'s corporate address will not be accepted.

Note: The original item(s) must be received by our warehouse within 10 business days (two calendar weeks) of receipt of your return instructions. Any discrepancies could result in a delay or complete forfeiture of your credit.

SERVICE AND SUPPORT

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions. NEXTDAY NETWORK, INC. will provide on-line technical notes on most products as well as links to the technical support departments of the manufacturers.

SHIPPING POLICY

If an order is placed Monday through Friday (except for national holidays) before 3:00 p.m. local time of the customer (except Hawaii where orders must be placed by 3:00 p.m. PST), every attempt will be made to schedule the order for shipment the same day. There will be an automatic charge of $25.00 to your account for any shipment that is refused. Please note the following:

· NEXTDAY NETWORK, INC. does NOT ship outside the United States.

· Due to shipper restrictions we cannot deliver to P.O. Boxes.

· All Shipments are subject to stock availability.

· NEXTDAY NETWORK, INC. does not ship on Saturdays or Sundays.

TAX

The purchaser is responsible for all applicable federal, state, municipal and other government taxes. Unless otherwise specified, prices do not include such taxes. NEXTDAY NETWORK, INC. shall withhold the applicable sales tax for orders to be delivered to addresses within California  and Massachusetts. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

The amount of tax charged depends upon many factors, including the type of item purchased, and the destination of the shipment. Sales Tax will always be calculated at the end of the checkout.

Standard Catalog
Non- Built-to-order products are subject to Sales Tax in California and Massachusetts.

Built-to-Order Products
Built-to-Order Products are subject to Sales Tax in the following states:

Systemax Products

• California
• Ohio

• California
• District of Columbia
• Hawaii
• Louisiana
• Maryland
• Minnesota
• Nebraska
• Pennsylvania
• Rhode Island
• South Dakota
• Wisconsin

Tax-Exempt Customers

To take advantage of your tax-exempt status, you will need to provide us with acceptable proof of exempt status for the state where the items will be shipped.

United States Government Purchasers

Sales tax does not apply to purchases made by the United States Government. In order to document that a sale has been made to the U.S. Government, we need to obtain a copy of one of the following:

• Federal tax ID certificate
• Certificate of exempt status
• Photocopy of your qualified U.S. Government Credit Card (Smart Pay Card)
• Government Voucher
• Check from the U.S. Government payable to NextDay Network, Inc.
  
   

Other exempt Purchasers
All other exempt purchasers need to provide us with a copy of a state resale certificate, exemption certificate, or other acceptable proof of your exempt status for the state where the items will be shipped.

How to submit this information
First, place your order through our Web site. After you've placed your order, please submit the necessary information by fax in order to receive a refund of any sales tax. Our fax number is (831) 657-0121.

Please include the following:  

• Your order number
• E-mail address
• Acceptable proof of your exempt status (as outlined above)
• If restricted, please include the names of individuals authorized to place tax-exempt orders on behalf of your organization.
• Mark your fax "Attn: NextDay Tax Exempt"

Effect of the Internet Tax Freedom Act
Companies selling over the Internet are subject to the same sales tax collection requirements as any other retailers. Remote sellers (including Internet retailers and catalog companies) are generally required to collect taxes where they have a physical selling presence. If they do not have any such presence, they are not required to collect sales taxes.