1. Order Processing
2. Returned Merchandise
3. Warranties
4. Refusals
5. Delays
6. Shipment
7. Limitations on Liability
8. Payment
9. Governing Law
10. Validity
11. Disputes
12. Complete Order
13. Trademarks
14. Pricing
15. Changes
16. Order Acceptance Policy
17. International Orders

1. Order Processing:

(a) All orders are processed as soon as the payment method has been verified.

(b) All orders require both the billing and the shipping address verification prior to being sent to the warehouse for fulfillment. Your "Ship to" address must be listed with you credit card company. If your "ship to" address is different than your "Bill to" address, please contact your credit card bank to add your "Ship to" information to their files as an alternate shipping address or a comment.

(c) Orders for in-stock items approved by our credit department before 2:00 PM Central Time (CST) are shipped the same day.

(d) Orders approved by our credit department after 2:00 PM Central Time (CST) are processed the next business day (Except holidays)

2. Returned merchandise:

(a) All claims for shortage, damage, shipment error, incompatibility, or incorrectly ordered merchandise must be made within fifteen (15) calendar days after the invoice date to avoid a restocking fee.

(b) All returns for refund made after the fifteen (15) calendar day period has expired are subject to no less than a fifteen percent (15%) restocking fee of invoiced or current market value at Alpha Memory's (hereby referred to as the Seller's) discretion. Seller's liability shall be limited to the invoiced value of the merchandise or its replacement.

(c) All returns for replacement made after the fifteen (15) calendars day period has expired will be honored as long as a compatible module is available.

(d) No returns will be accepted without a Return Authorization (RA) Number. Buyer must return merchandise to Seller within five (5) calendar days after the RA# is issued. If the merchandise is not returned within the authorized time period, the RMA will be canceled. Products must be packed securely and be returned to the Seller undamaged, with Buyer being solely responsible for paying all return freight costs unless otherwise agreed to in writing.

(e) Merchandise is subject to testing before replacements will be issued. We reserve the right to return to the Buyer (at his cost) any non-defective merchandise or any merchandise that does not match the invoice.

(f) We reserve the option to require that defective merchandise returns be accompanied by a test report from an independent laboratory in order to receive a refund or replacement on merchandise.

(g) Restocking will be determined using the following table:

Note: Compatibility is guaranteed only for modules ordered using the Memory Configurator. A 20% restocking fee may be charged to returned orders not placed through the memory configurator.

(h) Buyer will purchase all return freight charges using a major couriering service with tracking and insurance (if return is over $500.00 USD).

(i) Returns sent COD will be REFUSED.

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3. Warranties:
(a) All memory modules and printer boards have a lifetime replacement warranty on manufacturers defects unless otherwise noted.

(b) No warranty by the Seller shall apply to any merchandise, which has been modified or damaged by the Buyer. Merchandise that is defective due to misuse, neglect, or improper installation is not covered under the warranty. Seller is not responsible for any damages incurred to Buyer's equipment or data resulting from an improper installation.

(c) All warranties begin from the date of invoice.

(e) No Seller employee, agent, or dealer is authorized to make any modification, extension, or addition to this warranty.

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4. Refusals:
Buyer may be subject to no less than a fifteen percent (15%) restocking fee, shipping charges, and any losses incurred by Seller if a package is refused without prior authorization.

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5. Shipping Limitations / Delays:

(a) All shipping dates are approximate and are based upon current availability of materials and prompt receipt of all necessary information. The Seller will not be liable for any damage, loss, fault or expenses arising out of delays in shipment or other non-performance of this Agreement caused by or imposed by (1) strikes, fires, disasters, riots, Acts of God; (2) acts of Buyer; (3) governmental action; or (4) any other cause or condition beyond the Seller's reasonable control in the event of any such delay or non-performance.

(b) Total ship time = Availability time+Delivery method ship time. Choosing next day or second day air does not mean Buyer's order will be delivered in 1 or 2 days from the time you place the order online.

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6. Shipment:

(a) All orders are F.O.B. (Freight On Board) origin unless otherwise agreed to in writing.

(b) Buyer is responsible for all reroute fees.

(c) Buyer is responsible for payment for any duplicate shipment if merchandise is not returned to Seller within ten (10) days.

(d) FedEx requires a signature for delivery of packages; therefore a physical address is needed. Please note, FedEx reserves the right to release packages at residential delivery locations without obtaining a signature, provided that the delivery location or circumstances are suitable for release without a signature as determined at FedEx's sole discretion. Please plan accordingly. Shipment to PO Boxes is not allowed.

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7. Limitation on Liability:

IN NO EVENT SHALL SELLER BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, INCOME OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, BREACH OF ANY OBLIGATION IMPOSED ON SELLER HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY PROGRAMS OR DATA STORED IN OR USED IN CONJUNCTION WITH ANY MERCHANDISE SOLD, THE COSTS ASSOCIATED WITH RECOVERING SUCH PROGRAMS OR DATA, OR ANY INCOMPATIBILITIES BETWEEN THE MERCHANDISE SOLD AND ANY HARDWARE OR SOFTWARE USED BY BUYER. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY EXPENSES INCURRED BY BUYER FOR ANY INSTALLATION DONE BY SOMEONE OTHER THAN SELLER. In no event shall the Seller's liability (whether under the theories of breach of contract or warranty, negligence or strict liability) exceed the purchased price paid for the goods.

Delivery dates are approximate subject to normal variations customary in the industry and unforeseen delays. In no event shall Seller be liable to Buyer for any delay which is directly or indirectly the result of any cause beyond Seller's reasonable control, including without limitation, fire, flood, accident, civil unrest, acts of God, war, governmental interference, labor difficulties, disruption in materials or supplies, actions or omissions of suppliers or vendors, or transportation delays. Seller will not be held liable under any circumstances for lost, vandalized, damaged packages, or packages containing missing items that are not the fault of seller.

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8. Payment:

(a) Payment for goods purchased hereunder shall be in U.S. funds. A Twenty-Five Dollar ($25.00) minimum fee shall be charged on all returned checks.

(b) All funds received by electronic (wire) transfers are subject to no less than a Twenty Dollar ($25.00) processing fee for international orders or a Five-dollar ($5.00) processing fee for domestic orders unless otherwise agreed to in writing.

(c) All orders and contracts are subject to approval of the Seller's credit department. The Seller may, at any time, require payment in advance or satisfactory security that invoice will be paid when due. If Buyer fails to comply with any of the terms hereof, the Seller reserves the right to withhold further deliveries or terminate the agreement of sale with oral or written notice and any unpaid amount shall thereupon become due.

(d) Buyer authorizes the Seller to offset against any amount, which the Seller owes to Buyer, any amount that Buyer owes to the Seller. Until the purchase price and all other sums due pursuant hereto are paid in full, if Buyer defaults with respect to any payments described herein, it shall pay the Seller for all costs and expenses, including legal expenses and attorney's fees, incurred by the Seller in exercising any of its rights or remedies.

(e) All unpaid balances are subject to a one point five percent (1.5%) finance charge per month if not paid within the agreed terms.

(f) Purchase orders are accepted from credit-approved organizations for corporate, educational, and government orders. Contact one of Seller's account managers for qualification and application details.

(g) Please be sure to provide billing information exactly as the bank has it on file; Failure to do so will result in delays in processing Buyer's order(s).

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9. Governing Law:

The formation, interpretation and performance of this agreement shall be governed by the internal laws of the State of Texas, including, except to the extent that the terms and conditions of this Invoice are clearly inconsistent therewith, any applicable provisions of Texas' Uniform Commercial Code. To the extent that this Agreement entails delivery or performance of services, such services shall be deemed "goods" within the meaning of the Uniform Commercial Code, except when to so deem such services, as "goods" would result in an absurdity.

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10. Validity:

The invalidity, in whole or in part, of any terms or conditions of this Invoice shall not affect the validity of any other terms or conditions.

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11. Disputes and Attorneys' Fees:

In the event of any litigation to enforce or interpret any terms of this Agreement, the parties agree that such action will be brought in the Superior Court of the County of Hidalgo, Texas (or, if the federal courts have exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Southern District of Texas), and the parties hereby subject to the exclusive jurisdiction of said court. In no event shall the litigation of any controversy or the settlement thereof delay the performance of this Agreement. If an action is commenced to enforce payment as provided herein, Buyer agrees to pay the Seller's attorneys' fees, court costs and other costs of collection.

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12. Complete Order:

This Invoice, which includes any supplemental documents attached hereto, sets forth the entire agreement, and supersedes all other oral or written provisions. THE PARTIES HEREBY AGREE THAT NO TRADE USAGE, PRIOR COURSE OF DEALING OR COURSE OF PERFORMANCE UNDER THIS AGREEMENT SHALL BE A PART OF THIS AGREEMENT OR SHALL BE USED IN THE INTERPRETATION OR CONSTRUCTION OF THIS AGREEMENT.

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13. Trademarks:

All brand names are registered trademarks of their respective owners.

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14. Pricing:

Because of the fast-moving nature of the personal computing industry, prices, promotions and product availability are subject to change without notice. If Buyer has ordered a product that is subject to a price increase, Seller will hold Buyer's order and inform Buyer of the increase.

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15. Changes and Errors:

Seller reserves the right to make changes without notice due to market condition, manufacturer or supplier product discontinuation, or typographical, photographic or technical errors in online or print advertising. Seller reserves the right to cancel or refuse any such order whether or not the order has been confirmed and Buyer's credit card charged. NOTE: Products and packaging depicted may differ from stock available at the time of shipment; Seller reserves the right to substitute equivalent items.

The use of the web site memory.com constitutes agreement with this terms and conditions

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16. Order Acceptance Policy:

Buyer's receipt of order confirmation does not signify Seller's acceptance of Buyer's order, nor does it constitute confirmation of Seller's offer to sell. Seller reserves the right at any time after receipt of Buyer's order to accept or decline Buyer's order for any reason. Seller reserves the right at any time after receipt of Buyer's order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2000.00 US must obtain pre-approval with an acceptable method of payment, as established by Seller's credit and fraud avoidance department. Seller may require additional verifications or information before accepting any order.

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17. International Orders:

We are to accept only American Express Card. Your "ship to" address must be listed with the American Express Company. We verify both "Bill to" and "Ship to" addresses. We do not ship to PO Boxes. Please select the appropriate "ship to" country from the pull down menu on the last page, before submitting the order.

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