thinENGINE Online Policies

Purchases of thinENGINE Computer products and services are governed by one of the following terms and conditions. Please review carefully.

U.S. Terms and Conditions of Sale -- Direct (Applies to all direct purchases-by internet, phone or thinENGINE Computer Direct)

Terms and Conditions of Sale for Persons or Entities Purchasing to Resell (Applies to all purchases of products that buyer intends to resell to others)

Site Terms (Governs use of thinENGINE Computer's web site)

U.S. Terms and Conditions of Sale - Direct (Applies to all direct purchases-by internet, phone, or thinENGINE Computer Direct)

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

These terms and conditions ("Agreement") apply to your purchase of products and/or services and support ("Product") sold in the United States by thinENGINE Computer, including its affiliates or subsidiaries. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify thinENGINE Computer and return your purchase pursuant to thinENGINE Computer's Return Policy.

THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH thinENGINE Computer, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER thinENGINE Computer TERMS AND CONDITIONS APPLY TO THE TRANSACTION.

1. Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and thinENGINE Computer. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained by contacting your sales representative.
2. Payment Terms; Orders; Quotes; Interest. Terms of payment are within thinENGINE Computer's sole discretion, and unless otherwise agreed to by thinENGINE Computer, payment must be received by thinENGINE Computer prior to thinENGINE Computer's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by thinENGINE Computer. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. thinENGINE Computer may invoice parts of an order separately. thinENGINE Computer reserves the right to cancel any order at its sole discretion. Unless you and thinENGINE Computer have agreed to a different discount, thinENGINE Computer's standard pricing policy for thinENGINE Computer-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. thinENGINE Computer is not responsible for pricing, typographical or other errors in any offer by thinENGINE Computer and reserves the right to cancel any orders resulting from such errors.
3. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from thinENGINE Computer to Customer on shipment from thinENGINE Computer's facility. Loss or damage that occurs during shipping by a carrier is your responsibility. You must notify thinENGINE Computer within 15 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide thinENGINE Computer with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.
4. Warranties. THE LIMITED WARRANTIES DOCUMENTATION APPLICABLE TO thinENGINE Computer-BRANDED HARDWARE PRODUCT CAN BE FOUND WITH THE PRODUCT OR CAN BE REQUESTED. thinENGINE Computer MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-thinENGINE Computer BRANDED PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY thinENGINE Computer "AS IS" AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY thinENGINE Computer. thinENGINE Computer MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN thinENGINE Computer's APPLICABLE thinENGINE Computer-BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. thinENGINE Computer-BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND thinENGINE Computer IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE UNTIL thinENGINE Computer RECEIVES PAYMENT IN FULL. thinENGINE Computer MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF thinENGINE Computer DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCT, SERVICES, MAINTENANCE OR SUPPORT, ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.
5. Software. All software is provided subject to a license agreement and you agree that you will be bound by such license agreement in addition to these terms. Title to software remains with the applicable licensor(s).
6. Return Policies; Exchanges. thinENGINE Computer's return policy requires each customer to contact us directly before you attempt to return Product to obtain a Return Merchandise Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging within 10 days of receipt.  Returns are subject to a restocking fee. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by thinENGINE Computer, thinENGINE Computer is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At thinENGINE Computer's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
7. Changed or Discontinued Product. thinENGINE Computer's policy is one of ongoing update and revision. thinENGINE Computer may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." thinENGINE Computer will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.
8. Service and Support. Service offerings may vary from Product to Product. In addition to these terms and conditions, thinENGINE Computer and/or your third-party service provider may provide such service and support to you in the United States in accordance with the term and conditions or as otherwise delivered to you. thinENGINE Computer and/or your third-party service provider may in their discretion revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. thinENGINE Computer has no obligation to provide service or support until thinENGINE Computer has received full payment for the Product or service/support contract you purchased. thinENGINE Computer is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third-party and not thinENGINE Computer. It is your responsibility to backup all existing data, software and programs before receiving services or support (including telephone support). thinENGINE Computer and/or your third-party service provider will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any act or omission, including negligence, by thinENGINE Computer or your-third-party service provider. thinENGINE Computer and/or your third-party service provider is not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to thinENGINE Computer and/or your third-party service provider providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause thinENGINE Computer to be liable for copyright infringement if those files were copied by thinENGINE Computer and/or your third-party service provider.
9. Limitation of Liability. thinENGINE Computer DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, thinENGINE Computer WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, thinENGINE Computer IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
10. Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export. thinENGINE Computer has separate terms and conditions governing resale of Product by third parties and transactions outside the United States.
11. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND thinENGINE Computer arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, thinENGINE Computer's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MISSOURI, WITHOUT REGARD TO CONFLICTS OF LAW.
12. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND thinENGINE Computer, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "thinENGINE Computer") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), thinENGINE Computer's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and thinENGINE Computer. NEITHER CUSTOMER NOR thinENGINE Computer SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. thinENGINE Computer will be responsible for paying any individual customer arbitration fees. If any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.