THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND/OR SERVICES DESCRIBED IN Mobile PCC, LLC'S INVOICE OR OTHER Mobile PCC, LLC DOCUMENTATION OR MOBILE PCC, LLC'S COMPANIES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS UNLESS CUSTOMER AND MOBILE PCC, LLC OR OC RUGGED LAPTOPS HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
These terms and conditions constitute a binding contract between you ("Customer") and Mobile PCC, LLC and OC Rugged Laptops. Customer accepts these terms and conditions of sale by making a purchase or placing an order on the Mobile PCC, LLC and OC Rugged Laptops' (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and Mobile PCC, LLC and OC Rugged Laptops relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic record, which may be provided via a Web browser or e-mail application connected to the Internet.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in Mobile PCC, LLC and OC Rugged Laptops' invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
1. Title and Risk of Loss
The Title to products and risk of loss or damage during shipment passes from Mobile PCC, LLC and OC Rugged Laptops to Customer upon receipt by Customer except as noted below. For shipments made during the seven calendar days preceding the end of each calendar quarter, title and risk of loss will pass to the customer upon delivery by Mobile PCC, LLC and OC Rugged Laptops to the carrier. For all orders shipped within this seven day period, Mobile PCC, LLC and OC Rugged Laptops will obtain third-party insurance at its own expense and assist the Customer in filing any claims with the insurance company arising from loss or damage to the shipment during transit. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. Mobile PCC, LLC and OC Rugged Laptops retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
Customer understands that Mobile PCC, LLC and OC Rugged Laptops are not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Mobile PCC, LLC and OC Rugged Laptops, excluding the Refurbished Toughbook line of products, in which case OC Rugged Laptops will service the warranty purchased from the Refurbished Toughbook line. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by Mobile PCC, LLC and OC Rugged Laptops or its affiliates.MOBILE PCC, LLC AND OC RUGGED LAPTOPS AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, RELATING TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF MOBILE PCC, LLC AND OC RUGGED LAPTOPS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY.
3. Limited Warranty
Mobile PCC, LLC and OC Rugged Laptops warrants Goods to be in good working condition as to materials and workmanship for a period of one year (twelve months) from the date of Mobile PCC, LLC and OC Rugged Laptops' invoice unless otherwise specified or by the manufacturer's own warranty policy. The LCD Screen a computer may have (5) to (6) red, green, blue, bright or dark spots called "Dropped-Pixels" that often appear on LCD Screens. According to the specification from LCD Manufacturers, the existence of five or six "Dropped-Pixels" is permissible and has met the Manufacturer QA Standards. Therefore in such an instance the Mobile PCC, LLC and OC Rugged Laptops has no obligations to issue a replacement. No repair or replacement shall extend any warranty. Return shipping costs for warranty repair or replacement is not included for domestic or international orders.
The warranty for the Refurbished Toughbook line is serviced by OC Rugged Laptops, all manufacturer defects are covered. Excluded is:
4. Limitation of Liability
NEITHER Mobile PCC, LLC and OC Rugged Laptops NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTIES. NEITHER Mobile PCC, LLC and OC Rugged Laptops NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES.
Mobile PCC, LLC and OC Rugged Laptops will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Anticipated delivery dates are based upon manufacturer supplied information and are subject to change and therefore any shipping dates provided by Mobile PCC, LLC and OC Rugged Laptops are estimates only.
All pricing is subject to change. Mobile PCC, LLC and OC Rugged Laptops reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Mobile PCC, LLC and OC Rugged Laptops cannot guarantee that it will be able to fulfill Customer's orders. UPS is the only courier we use to ship our products. FedEx is available upon request at an added fee. Tracking is automatically sent and also available upon request. All shipments are traceable and we only ship using this type of method.
6. Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA IN THE COUNTY OF ORANGE, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF ANY ARBITRATION OR LITIGATION WILL BE BROUGHT IN ORNAGE COUNTY, CALIFORNIA AND CUSTOMER CONSENTS AND SUBMITS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA AND THEREFORE WAIVES THE RIGHT TO CHANGE VENUE.
7. Payment Options
Payment by an American Express, MasterCard, Discover, Visa or credit card is accepted with no surcharge. If you prefer to pay by check, call a Sales Rep to process your order and direct your payment. Please allow 10 business days for company and personal checks to clear. We accept wire transfers. Purchase Orders are accepted for corporate, educational and government orders. All checks or Purchase Orders must include a contact person and phone number in order to be processed. A $35.00 administration fee will be charged on all returned checks. Applicable sales tax will be added to California orders. Canadian orders will be charged GST. Failure to pay may result in your account being reported to a Collection House/Agency. Mobile PCC, LLC or OC Rugged Laptops is not responsible for the fees involved with the collection process. The fees are the sole responsibility of the debtor, ranging from 35-50% of the total amount due PLUS any other fees deemed necessary to collect the debt. In all cases Mobile PCC, LLC or OC Rugged Laptops makes every possible effort to collect the amount due before reporting the debtor to a Collection House/Agency including phone calls, certified letters and electronic mail (email). At no time is a debt ever forgiven, withdrawn, removed or zeroed out. The debt is always presumed due until the debt is paid in full. Certified payment options are available if the entire amount (including fees) can not be paid at once in full.
8. Return Policy
All products are covered by manufacturer's warranty against defects. Certain manufacturers require you to contact those manufacturers directly to repair or replace your products under their warranty. Please be sure to ask your Sales Rep about our extended support contract and specific return conditions before your purchase.
Unopened product: if the manufacturer's factory seal is intact you may return an unopened product for exchange or refund within 14 days from the invoice date. Authorized returns after the 14 days from the invoice date will be subject to a minimum 15% restocking fee. A minimum 35% restocking fee will be charged if the product has been opened. 15% if the item is from our Refurbished Toughbook line. All sales are final after 30 days. Please note: the complete line of new Getac and new Panasonic devices are non-refundable/non-returnable from the point of delivery. Per manufacturer guidelines, once delivered, the item is no longer returnable.
No returns/repairs will be accepted without a Return Authorization Number.
All products must be received within 10 days of receiving a Return Authorization Number. Items received after 10 days will be refused.
All Return Authorization Numbers must appear on the shipping label(s). PLEASE DO NOT MARK ON THE OUTSIDE OF THE BOX. All items must be returned with original packaging, including all warranty cards, manuals, cables, accessories, components, etc. PLEASE NOTE: When returning product we require you to use a shipping method that allows Mobile PCC, LLC and OC Rugged Laptops to track the package.
Replacement product orders will not be shipped until the original item is received and inspected. Once the item has been confirmed defective, the replacement will be shipped. If the defective item is being returned for credit, the credit will not be issued until the item has been inspected and confirmed defective. We can however, ship new product with a secure payment and issue credit once the returned product has been processed.
Software: All software is not returnable.
Shipping and handling charges are not refundable. The customer is responsible for all shipping charges and insurance on all return shipments.
Any deviation from the return policy outlined above will result in a delay of your refund, additional restocking fees, or refusal of your return.
9. RMA Terms and Conditions
1) Customer initiates the RMA by sending OC Rugged Laptops the fully completed request for Return of Merchandise Authorization form via our online form found here: http://www.ocruggedlaptops.com/rma-warranty-request-form/ and
a) Authorizing the credit card charge for the Diagnostic Fee, (if needed) or
b) Issuing a facsimile check for the Diagnostic Fee, (if needed) or
c) Ensuring payment of the Diagnostic Fee through a mutually agreeable mechanism;
2) Following receipt of payment assurance (if needed), OC Rugged Laptops will issue Customer a RMA Number and/or prepaid UPS Return Label. This number is active for a period of thirty (10) days from issuance and must be displayed on the outside of all packages returned to OC Rugged Laptops;
3) Customer must use a fair size box, packed securely and send the laptop to OC Rugged Laptops at the address as stated on the most current revision of the OC Rugged Laptops RMA Warranty Request Form or by using the provided UPS Return Label;
4) Customer is responsible for any and all damage to the merchandise that occurs in transit. Shipment shall be C.I.F. (Customer bearing all Costs,
Insurance and Freight);
5) OC Rugged Laptops will evaluate the laptop to determine if any repairs are necessary to make the laptop operable;
6) Upon completion of the evaluation, OC Rugged Laptops will contact Customer either through e-mail or phone with the results of the evaluation and estimate of any costs of repair if not covered by warranty;
7) A signature is required on all packages shipped back to Customer. UPS is OC Rugged Laptops preferred shipper. If Customer is unavailable to receive package, UPS will attempt 2 additional deliveries. After 3 failed attempts for delivery, the RMA package will be returned to OC Rugged Laptops and made available for the Customer to arrange a redelivery at the cost of $25. Refusing to take delivery of a package does not constitute a refund as per our Return Policy stated here above in Section 8 titled “Return Policy”. OC Rugged Laptops is not responsible for lost or stolen packages.
8) Customer may authorize the repairs as well as ensuring payment for such repairs or Customer may elect to have the unit returned without any repairs. OC Rugged Laptops shall be under no obligation to perform any repairs without prior authorization and assurance of payment;
9) If repairs are necessary and authorized, OC Rugged Laptops shall complete the repairs and return the merchandise to Customer at Customer's expense.
10. Acceptance Terms
The following are terms of a legal agreement between you and Mobile PCC, LLC and OC Rugged Laptops (hereinafter referred to as "Mobile PCC, LLC"). By accessing, browsing and/or using this site ("OC Rugged Laptops.com"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use OC Rugged Laptops.com. The material provided on OC Rugged Laptops.com is protected by law, including, but not limited to, United States Copyright Law and international treaties. OC Rugged Laptops.com is controlled and operated by Mobile PCC, LLC from its offices within the United States. Mobile PCC, LLC makes no representation that materials on OC Rugged Laptops.com are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access OC Rugged Laptops.com from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, OC Rugged Laptops.com and the materials contained herein is governed by the laws of the state of California in the County of Orange.
11. Use Restrictions
The copyright in all material provided on OC Rugged Laptops.com is held by Mobile PCC, LLC or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Mobile PCC, LLC or the copyright owner. Permission is granted to display, copy, distribute and download the materials on OC Rugged Laptops.com for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Mobile PCC, LLC's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on OC Rugged Laptops.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
12. U.S. Government Restricted Rights
The materials on OC Rugged Laptops.com are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Mobile PCC, LLC's proprietary rights in them. Any questions concerning the use of Trademarks should be referred to Mobile PCC, LLC email@example.com.
13. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MOBILE PCC, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON OC RUGGED LAPTOPS.COM, EVEN IF MOBILE PCC, LLC OR A MOBILE PCC, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. Our Transmissions
Any material, information or idea you transmit to or post on OC Rugged Laptops.com by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Mobile PCC, LLC or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Mobile PCC, LLC will be handled in accordance with Mobile PCC, LLC's Online Privacy Statement. You are prohibited from posting or transmitting to or from OC Rugged Laptops.com any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
15. Term of Use Revisions
16. Coupon Codes
Coupon codes are valid any time before Dec 31st, 2016. The coupon code cannot be combined with any savings pass/coupon, extra discount or credit offer. This coupon is only redeemable on specially marked products. When you return an item you forfeit the savings allocated to that item. The Coupon code has no cash value and may not be redeemed for cash or applied as payment or credit to your account. This coupon code may not be applied to prior orders or purchases. The coupon code may only be used once. Coupon code or coupon value is not refundable. Purchase must be $279 or more exclusive of tax and delivery fees. Applicable federal, state and local taxes are due on the full purchase value.
OC Rugged Laptops is owned and operated by Mobile PCC, LLC. Mobile PCC, LLC assumes responsibility for its companies according to the above terms & conditions and privacy policies also located onwww.OCRuggedLaptops.com. Contact us at CustomerService@OCRuggedLaptops.com.