PLEASE READ THIS CAREFULLY!

The terms & conditions of sale below apply to all your purchases from SimplyNAS.com. They contain very important information about your legal rights and obligations, including legal limitations and exclusions that apply to you.

By accepting delivery of any product delivered from SimplyNAS.com, you ("Customer") agree to be bound by the terms and conditions and RMA policy contained herewith. You and SimplyNAS.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and SimplyNAS.com. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from SimplyNAS.com. Please read this information carefully in it's entirety.

Purchase & Sale

The party specified after the heading "Bill To:" when purchasing online is a ("Buyer") hereby orders from SimplyNAS.com (Acuteksystems LLC) ("Seller"), the product(s) listed on the online order invoice. Seller agrees to sell the product(s) upon the terms and subject to the conditions contained in this document. Buyer shall be deemed to have agreed to all terms and conditions contained in this document if Buyer fails to object thereto in writing before the earliest of the following times; (I) When Buyer pays for the product(s); (II) When Buyer accepts the product(s); (III) The close of business of the tenth day after Buyer receives this document.

Purchase Price

Buyer shall pay the total purchase plus shipping and handling, if any, as specified on the online invoice and any sales or other applicable taxes levied on or measured by such purchase price, or arising from the use of the product(s) and any parts or maintenance supplied, including, without limitation, any additional sales, use, gross receipts, privilege, excise, value added, or personal property taxes unless otherwise specified in writing in this document.

Order Acceptance Policy

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. SIMPLYNAS.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. SIMPLYNAS.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. All orders placed over $3000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Dispute charge is not acceptable. If there is anything wrong with the merchandise, please contact customer service for more information.

Title, Risk of Loss

All items purchased from SIMPLYNAS.com are made pursuant to a shipment contract. Unless otherwise specified in writing in this document, shipping terms are FOB shipping point. Title and risk of loss or damage to the product(s) shall pass to Buyer upon delivery to the carrier at shipping point. Any claims resulting from goods damaged in transit, shortages received or tampering must be filed with the carrier by Buyer.

Inspection

Buyer shall inspect the product(s) at delivery and shall notify Seller of any defects or discrepancies in the product(s) as delivered within 48 hours of delivery. Absent such notification, Buyer shall be deemed to have accepted the product(s) as delivered.

Ordering Information & Delivery

Most online orders placed before 3PM EST should ship the same day, as long as there are no product shortages or credit issues. SimplyNAS will make its best effort to process orders as soon as possible and inform you of any possible delays, but orders can take more than 24 hours to process due to the large volume of orders or unforeseen delays. If you have an urgent order in which you are expecting a specific delivery time schedule please reply to your Order Confirmation Email or call SimplyNAS to discuss your order. Our policy, terms and conditions are designed to service you as efficiently as possible. Your use of this site and/or purchase indicates your acceptance of the terms and conditions set forth here.

Your Account

As a registered user of SIMPLYNAS.com, you will be held responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Payment Terms

We gladly accept payment by Visa, MasterCard, American Express, Discover, Debit Cards with VISA Logo. Please note that we will only accept credit cards issued by a bank or other financial institution within the U.S. with verifiable references. We do not allow you to use third party credit cards, such as your end users credit card. The credit card used must be an authorized card of the business or an authorized member of your company. All transactions are subject to verification for safety and security purposes. Other payment terms are available, such as Net Terms, COD Company Check, COD Cashiers Check, and Wire Transfer. These payment terms will require a completed credit application, business financial information, and/or a letter of personal guarantee. These are for Educational and Government sector customers only. Please call and ask for an account manager to call you.

Billing and Shipping Information

All products are shipped to anywhere within the United States only.

To ensure that we meet your shipping needs, please pay special attention when entering your billing, shipping, and telephone information. Accurate billing and shipping information provided by you will ensure prompt delivery of your online orders. For your security, we verify all billing addresses with the issuing bank and confirm all shipping addresses to protect each of our customers from the potential risk of credit card abuse. We strive to fulfill your order on or before the timeframe that you have requested. Accurate billing and shipping information will help us do so.

Pricing, Specifications & Availability

Prices, specifications, and availability of products are subject to change without notice. All pricing is based on FOB Charleston, South Carolina and/or Longwood, Florida. Products located in different warehouses may have a different price. All products ship from the Longwood, Florida warehouse by default, if there are no product shortages. Due to the volatile nature of the computer storage market, descriptions may not reflect current technical information. Any typographical, photographic, or specification error in product, pricing, or offers is subject to correction. Although Internet orders generate an automatic confirmation and response e-mail, SIMPLYNAS.com may change its pricing, product description, or specification after any order confirmation or response e-mail but prior to shipment due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. We reserve the right to limit sales, including the right to prohibit sales to resellers. Published prices do not include shipping and insurance in some instances unless specified. Proof of purchase and postage may be required for manufacturer rebates.

Product Descriptions

SIMPLYNAS.com and its affiliates attempt to be as accurate as possible. However, SIMPLYNAS.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SIMPLYNAS.com itself is not as described, your sole remedy is to return it in unused condition.

Export

To comply with certain vendor agreements and government regulations, SIMPLYNAS.com reserves the right to refuse to export products from the United States at any time. If you are purchasing products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country. Manufacturer's warranties for exported products may vary or be null and void.

Product Warranty

Product warranties, if any, are provided only by manufacturer of the Products. Seller makes no warranties whatsoever. Seller's sole obligation in the event of breach of any warranty or during the DOA period of twenty (20) days after shipping date shall be the repair or replacement of defective Products. There is no credit or refund policy in lieu of the above.

Any defective product which is returned to Seller must have freight prepaid, according to the Return Material Authorization Procedure contained herewith. Buyer shall bear all responsibility for shipping charges and risk of loss or damage during transit to Seller.

Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Seller, are not covered by vendor warranty. Any alterations, additions, improvements or attachments to the product(s) not authorized in writing by the Seller shall be deemed to be a waiver of this warranty by Buyer and shall render this warranty null and void. Seller shall return repaired or replaced product(s) to Buyer, at its expense, via regular ground service within the 48 contiguous United States. Repaired or replacement products shall be returned to Buyer via Ground Service within the 48 contiguous United States, freight prepaid by Seller. Shipping charges by all other methods and to all other destinations shall be borne by Buyer.

SELLER MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL SELLER'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).

Trademarks

All 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 SimplyNAS and these companies.

Disclaimer and Limitation of Liability as to Products Sold

ALL OF SIMPLYNAS PRODUCTS ARE GUARANTEED AGAINST DEFECTS FOR 20 DAYS FROM THE DATE OF THE INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, SIMPLYNAS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SIMPLYNAS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, SIMPLYNAS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SIMPLYNAS ARISING FROM ANY PRODUCT SOLD ON THE SIMPLYNAS SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL SIMPLYNAS, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

Disclaimer and Limitation of Liability as to the SimplyNAS Web Site

THE SIMPLYNAS WEB SITE AND THE MATERIALS THEREIN ARE PROVIDED «AS IS». SIMPLYNAS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SIMPLYNAS SITE, THEIR OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2000 COMPLIANCE. SIMPLYNAS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT ACUTEKSYSTEMS, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE SIMPLYNAS SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Title Transfer

SimplyNAS retains title to parts and complete systems purchased until the said purchaser pays for items in full at which time the title passes to purchaser.

Governing Law

You agree that any legal action brought against SimplyNAS shall be governed by the laws of the State of Florida without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the SimplyNAS sites shall be an appropriate federal or state court located in Seminole County, Florida.

Copyright and Disclaimer Notice

All information and material posted on this Website are subject to copyrights owned by Acuteksystems LLC and other individuals or entities. Any reproduction, retransmission, republication, or other use of all or part of any document found on this site is expressly prohibited, unless prior written permission has been granted by Acuteksystems LLC or the appropriate copyright owner. All other rights reserved.

The names, logos, trademarks, and service marks of Acuteksystems LLC including SimplyNAS that appear on this site may not be used in any advertising, publicity, promotion, or in any other manner implying Acuteksystem’s endorsement, sponsorship of, or affiliation with any product or service, without Acuteksystems LLC‘s prior express written permission. SimplyNAS is wholly owned by Acuteksystems LLC.

Please Note:
Shipping and Handling Fees are not refundable, with the exception of orders incorrectly shipped by SimplyNAS.com.

For a printable version of these terms please send an email request to service [at] simplynas.com
Errors and Omissions Accepted
EOL
Updated: February 2015

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