Terms and Conditions

MNJ Technologies Direct Terms and Conditions

This Sales Agreement (the “Sales Agreement”) is a legal contract between Customer and MNJ Technologies Direct, Inc. (“MNJ”). By making a purchase, placing an order by telephone, facsimile, email, online or otherwise (an “Order”) or shopping on MNJ’s web site (“the Site”), Customer accepts this Sales Agreement and all of the terms and conditions stated herein. The terms and conditions of this Sales Agreement are subject to change by MNJ without prior notice. At the time Customer initially places an Order, the terms and conditions posted on the Site on such date will govern such Order. This Sales Agreement constitutes the entire agreement between Customer and MNJ relating to the purchase of goods or services on the Site. Modification or termination of the Sales Agreement, with regard to goods or services that have been purchased or sold on the Site, may only be done in a writing signed by an authorized agent of MNJ. Under the Sales Agreement, electronic records (including signatures) that are otherwise valid shall be accepted. Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application. By contacting MNJ at the address provided below, Customer may withdraw consent to receiving electronic records or have the records provided in non-electronic form. Additional or revised terms and conditions may be stated by MNJ on the invoice for an Order. In the event of any conflict between the terms and conditions stated on an invoice and this Sales Agreement, the terms and conditions stated on this Sales Agreement shall govern. If any provision in this Sales Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions hereof will not in any way be affected or impaired thereby. Any failure to enforce any provision hereof shall not constitute a waiver of such provision or of any subsequent failure to perform any obligation hereunder.

MNJ hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. All products sold by MNJ are third party products and are subject to the warranties and representations of the applicable manufacturers. Notwithstanding the foregoing, this Sales Agreement does not affect the terms of the manufacturer’s warranty, if any.

MNJ is not liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. MNJ will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that in no event shall any liability related to the purchase of products or services from MNJ exceed the aggregate dollar amount paid by Customer for the purchase(s) made under this Sales Agreement.

This Sales Agreement and all sales made hereunder shall be governed by the laws of the State of Illinois, without regard to conflicts of laws rules. For the purposes of any suit, action or proceeding arising out of this Sales Agreement, Customer consents to the jurisdiction of the federal or state courts located in Lake County, Illinois and Cook County, Illinois.

For any goods being purchased for purposes of export, Customer must obtain from the federal government, state government, and any other applicable governmental entity any and all required export or other documentation before shipping to a foreign country. Many manufacturers' warranties for exported goods vary and may even be null and void if goods purchased are exported outside the United States. Customer should inquire further regarding any questions of product exportation. MNJ shall have no liability for the loss of any warranty or any other coverage, or for any import or export duties or taxes, due to Customer’s export of any products purchased from MNJ.

Title to goods purchased is retained by MNJ until such goods are paid for in full, including any and all applicable taxes, freight charges, interest, late fees, collection costs and any and all other applicable costs and charges. Upon payment for such goods in full, title shall pass to Customer. If loss or damage occurs during shipping by a carrier selected by MNJ, then such loss or damage will be the responsibility of MNJ. If loss or damage occurs during shipping by a carrier selected by Customer, then such loss or damage will be the responsibility of Customer.

All pricing is subject to change by MNJ without notice. For all prices, products and offers, MNJ reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While MNJ uses reasonable efforts to include accurate and up-to-date information on the Site, MNJ makes no warranties or representations as to the Site's accuracy. MNJ assumes no liability or responsibility for any errors or omissions in the content on the Site.

Orders are not binding upon MNJ until accepted by MNJ. Terms of payment for each Order may be set or modified by MNJ in its sole and absolute discretion. All invoices are due and payable within the time period stated on the invoice, measured from the date of the invoice, or if no due date is stated on an invoice, then payment therefor is due thirty (30) days after delivery of the goods ordered. MNJ may invoice parts of an Order separately, in MNJ's sole and absolute discretion. Customer agrees to pay interest on all past-due sums at the lesser of (i) eighteen percent (18%) per annum or (ii) the highest rate allowed by law, and a late fee for each invoice not paid when due equal to the greater of (i) five percent (5%) of the amount not timely paid or (ii) one hundred dollars ($100). In addition to the principle amount owed, any applicable interest, late fees, attorneys’ fees and any other applicable costs or expenses, Customer agrees to pay thirty-three and one-third percent (33 1/3%) of the unpaid balance as a collection fee if Customer’s account is turned over to a collection agency. Customer is also responsible for any and all reasonable attorneys’ fees, court costs and other expenses arising out of any litigation concerning the collection of Customer’s account. Customer is responsible for any applicable sales taxes and any other taxes associated with an Order, whether such taxes are collected at the time of sale or not. On all COD orders, MNJ will accept a cashier’s check or money order only. MNJ does not apply any surcharge for purchases made by credit cards.

Shipping and handling charges vary due to weight, destination, speed of delivery, method of delivery, carrier and other factors. Please contact your MNJ account manager for our most current shipping rates. For your protection, we may elect to ship only to the verified billing address of Customer’s credit card. International shipping may be available in some circumstances, in the sole and absolute discretion of MNJ. No freight credit will be issued in the event of any shipping delays caused by acts of nature. The maximum credit for shipping charges on an air package that is delivered late where the delay is caused by MNJ is equal to the cost difference between the method of shipment selected and the next lower shipping level. Any untimely performance of any of the terms, covenants and conditions of this Sales Agreement by MNJ due in whole or in part to any strike, lockout, labor trouble, civil disorder, inability to procure goods, parts or materials, power failure, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties, acts of God, acts caused by Customer or any other cause beyond the reasonable control of MNJ shall not be deemed a default of MNJ and the time for performance shall be extended by the period of delay resulting from such cause.

MNJ offers a return policy on selected items equal to the lesser of thirty (30) days or the return period set by the manufacturer of the product being returned, and subject to the return policies of such manufacturer. The interpretation of the actual manufacturers return policies is in the sole and absolute discretion of MNJ. For further information about the return policy of a specific manufacturer, please contact your MNJ account manager.

No returns will be accepted without a Return Merchandise Authorization (”RMA”) number. Please call 800-870-4340 or e-mail our Returns Department at returns@mnjtech.com to obtain an RMA number before shipping your product. MNJ assumes no risk, responsibility or liability whatsoever for products returned without an RMA number. For faster service, please have the following information available when calling for an RMA number: Customer name, product part number, invoice number, serial number and nature of the problem. All products returned MUST be: one hundred percent (100%) complete. Complete is defined as all items being returned with ALL of the original boxes and packing materials, having all original UPC codes intact on the manufacturer’s boxes, containing all manuals, blank warranty cards and all other accessories and documentation provided by the manufacturer. Notwithstanding the foregoing to the contrary, due to manufacturer’s policies, MNJ cannot accept returns of the following items for exchange, replacement or credit FOR ANY REASON: Apple, Compaq, IBM, and Hewlett Packard. Due to manufacturer return policies, only inoperable products from these manufactures may be returned: 3COM, Acer, Adtran, All Generic Memory, American Power Conversion, Ascend/Lucent, ATI Technologies, Belkin, Cisco, Cornerstone, Fujitsu, Intel, Mylex, Onstream, Palm, Pinnacle Systems, Quantum, Sharp, Tandberg Data. This list may not represent all of the manufactures with restrictive return policies. This list of manufacturers with restrictive return manufacturers may also change from time to time in the sole and absolute discretion of MNJ. Most defective products (except computers, printers and software) may be returned for repair or replacement only, at the sole and absolute discretion of MNJ, within thirty (30) days of the invoice date. MNJ will not charge a return-processing fee when a defective item is repaired or replaced with the identical item. All non-defective returns (except software) for credit or exchange are subject to a fifteen percent (15%) return-processing fee/restocking fee and must be completed within thirty (30) days of the invoice date. The minimum return-processing fee/restocking fee for any refund or credit is twenty-five dollars ($25.00).

Unopened full version software products may be returned for refund or exchange within thirty (30) days of invoice date. Multiple software licenses and product upgrades cannot be returned for refund or exchange unless first authorized by the manufacturer, no exceptions, and multiple software licenses and product upgrades may not be returned beyond thirty (30) days for any reason.

Customer is responsible for all shipping charges on returned items. MNJ strongly recommends fully insuring a return shipment in case it is lost or damaged and using a carrier that can provide proof of delivery. Any item that is missing the UPC can ONLY be replaced with the same item. After thirty (30) days, no returns will be accepted and all manufacturers' warranties apply. Consumable products like toner, ink cartridges, drum and paper are non-returnable if the manufacturer's factory seal has been broken. Any such defective products must be returned directly to the manufacturer. Discontinued or end of life products can only be returned for repair, and no refunds or exchanges on such products can be made. MNJ reserves the right in its sole and absolute discretion to authorize product returns beyond thirty (30) days from the invoice date. If a product is accepted for return after thirty (30) days, credit will be issued toward FUTURE PURCHASES FROM MNJ ONLY. Original shipping charges are not refunded on returned items.

Shipped goods are deemed accepted three (3) business days after delivery to the address specified in the Order, unless Customer contacts MNJ within said three (3) business day period to reject such goods. The records of the shipper indicating delivery of goods shall be definitive in determining when and where such goods were delivered.

If merchandise arrives damaged to Customer, it is best to REFUSE it back to the carrier attempting delivery. Customer must contact MNJ within three (3) business days if an Order is being refused back to the carrier due to damage. All unauthorized refusals are subject to a fifteen percent (15%) return-processing fee/restocking fee and no credit for the freight charges. If Customer accepts delivery of a damaged package, make sure any externally visible damage is noted on the carrier’s delivery record. This will enable MNJ to file a damage claim, and in the event of shipping damage, the merchandise AND the original box and packing it arrived in must be retained. Additionally, in the event of visible shipping damage, MNJ recommends Customer take and retain photographs of the shipment and notify MNJ immediately to arrange for a carrier inspection and a pickup of damaged merchandise.

If MNJ is not notified of damaged goods within three (3) business days of delivery, MNJ’s regular return policy will override any claim of damage, and all manufacturer restrictions will apply.

MNJ’s web site collects information from visitors, including, but not limited to name, email address, contact information, financial information, such as account or credit card numbers, and other general or personally identifiable information. This information may be used to send newsletters, catalogs, information about our company, related entities and/or promotional material from selected partners, orders or order related information, surveys, contests or giveaways, to check Customer’s financial qualifications and/or bill Customer for products and services ordered. Contact data from surveys may be used to send Customer information about our company and promotional material from selected partners. Contact information may also be used to contact visitors and/or customers when necessary. MNJ will make commercially reasonable efforts to maintain the confidentiality of the information provided. Customer may opt-out of receiving future mailings; see the choice/opt-out section below.

MNJ will not give or sell any information regarding Customer, orders placed and products purchased to any outside organization for its use in marketing or solicitation without Customer’s consent. Such information may be shared with agents or contractors of MNJ for the purpose of performing services for MNJ. MNJ may release personally identifiable information when required to by law. MNJ will make commercially reasonable efforts to notify its registered users of any changes in the use or collection of their personally identifiable information via email prior to changes being made.

MNJ’s site contains links to other sites. MNJ is not responsible for the content or privacy practices of such other sites, and does not warrant or make any representation regarding the substance, quality, functionality, accuracy, fitness, merchantability or any other representation regarding any other site. The conditions of use and/or privacy policy for any other site may differ substantially from the terms and conditions applicable hereunder.

Customer may opt-out of receiving communications from MNJ and its partners. To opt-out of receiving such communications, visit the Site at http://www.mnjtech.com, or by sending mail with your name and email address to the following postal address:

MNJ Technolodivgies Direct, Inc.
Attn: MNJ Technologies Direct, Inc. Unsubscribe
PO Box 7461
Buffalo Grove, IL 60089