Warranty:

1. This policy may not be altered or amended in any manner, and buyer by accepting delivery of the goods described herein accepts and agrees to abide by the terms and conditions contained herein.
2. The ownership of all products shipped and sold from TriCom Card Technologies,Inc. ("Tricom Card") remains with Tricom Card until all payments from the customer are cleared through Tricom Card's bank.
3. No warranty for physically damaged items, which have cracks, missing pins, burn marks. Any items damaged by power surges, floods, brownouts, blackouts, or other natural disasters are not covered by the warranty.
4. All other items carry manufacturer's warranty within 1 year.
5. All warranties on any products found to be abused, mishandled, modified, or altered; all warranties will be void.
6. Removal of warranty sticker or serial # voids all warranties and will not be accepted for return.
7. The warranty date begins on the original invoice date, and must be related to warranty sticker date.
8. The items warranted must be received by our RMA department before the last day of the warranty period for warranty replacement.
9. If a replacement is not available, Tricom Card reserves the right to replace the product with similar products of equal or greater value based on our purchase costs. Tricom Card also has the right to repair the product(s).
10. Warranty void without receipt.
11. Other than the aforementioned limited manufacturer's warranty, there are no warranties, expressed or implied, which extend beyond the description of the face hereof, including any warranties of fitness for a particular purpose and merchantability.
12. All products, after warranty period, may be repaired with a reasonable service charge, provided that the product is repairable.
13. Tricom Card accepts no liability with respect to any software or data contained in any product or part sold by or returned to Tricom Card.

Payment:

1. Invoices are due and payable in accordance with the terms specified on the front of the invoices.
2. Any order carried pre-paid will be held and not shipped, until entire payment has been cleared through TriCom Card Technologies, Inc. bank.
3. A $25 fee will be applied all returned checks.
4. Accounts past due are automatically placed on C.O.D. cash and all shipments are held until account is current. A charge of 1.5% per month (18% per annum) or the maximum legal interest rate, whichever is higher, shall be charge on all sums not paid when due. If legal action is necessary to collect any sums due hereunder, buyer agrees to pay all costs of collection, including court cost and seller's attorney fees so incurred.
5. If exempt, buyer will provide TriCom Card with an exemption certificate in form and substance satisfactory to the relevant taxing authorities.
6. Orders accepted by TriCom Card are not subject to change or cancellation by Purchaser except with TriCom Card's verbal or written consent and upon payment of an appropriate charge to cover the cost or loss incurred by TriCom Card. This charge, unless otherwise agreed in writing, shall not be less than fifteen percent (15%) of the price of the goods subject to change or cancellation.

Return Merchandise Authorization (RMA):

1. Prior to shipment, an RMA number must be acquired from TriCom Card RMA/Tech support department.
2. The pre-approved RMA number must be marked clearly visible outside the shipping label and on the packing list.
3. Purchasers account must be current and have all payments cleared with the TriCom Card's bank.
4. TriCom reserves the right to inspect and test all returned products; no replacement or exchange if the returned products were found to meet the functionality of manufacturer's specifications.
5. No returns or exchanges are allowed for Magnetic card Encoders.
6. Customers will be charged additional for testing and repackaging when returned "Bad" items are found to have no problems or defects.
7. Items found to be out-of-warranty or not belonging to TriCom Card will not be replaced. Instead, they will be returned back to the customer freight-collect.
8. All RMA items must be in original re-saleable condition, with all original packing, manuals, and software.
9. All RMA items must be shipped freight pre-paid by the customer. Furthermore, the customer is expected to insure all items being shipped back. TriCom is not responsible for any losses or damages for such equipment.
10. RMA's will be shipped back to customer via UPS ground delivery. Express shipping will be at additional costs to the customer.
11. All RMA's must be accompanied with a copy of original receipt with name, return address and phone number of customer.

Refunds:

1. All refunds must be accompanied by the original receipt.
2. All refund items must be in original re-saleable condition, with all original packing, manuals, and software.
3. All refunds will be credited at current market price and is subject to a 30% restocking fee.
4. All returns must be within 7 days, no credit or refund past 10 days.
5. No credit or refund on special order items, labor, freight, insurance, or customs.
6. All returns must be shipped freight pre-paid by the customer. Furthermore, the customer is expected to insure all items being shipped back. TriCom is not responsible for any losses or damages for such equipment.
7. Software sales are final. TriCom will not accept any returns on software without the Dongle returned (Hardware Key).
8. All refunds or credits will either be placed back on the Purchaser's credit card, or in the form of company check. Up to 10 business days may be required for refund.
Discrepancy & Shipping Damage:
1. For wrong items, missing items, shipping damage, or other discrepancy; customer should report to RMA department on the day in which the items were received. Any claims after one business day of receipt, will not be honored.
2. For any shipping damage, customer must file a claim with their carrier immediately. All items are shipped insured, thus must be reported for coverage.
3. Items will not be cross-shipped for any reason.
4. Customer is responsible for paying any freight charge caused by refused shipment or unclaimed goods.
5. TriCom Card will make every reasonable effort to deliver on time however, TriCom Card shall not be liable for late or lost shipments.

Customer's Responsibility:

1. Customer should inspect all packages for damage and discrepancies upon receipt.
2. For wrong items, missing items, and shipping damage; customer should report to RMA department on the day in which the items were received. Any claims after one business day of receipt will not be honored.
3. Always inspect each item for physical damage, missing documentation, and driver disks.
4. Customer should always provide a detailed & specific description of problems for defective items.
5. For any defective equipment must call RMA Dept. for a RMA #, which must be present on package next to shipping label, otherwise it will be refused.
6. All RMA's and returns must be accompanied by a copy of original receipt.
7. Purchaser is presumed to have qualified and knowledgeable technical ability to diagnose and pin-point problem sources. TriCom Card technical support will provide help were available, but is discouraged to teach customers basic diagnosis and installation step-by-step.
8. The sales receipt is the customer's warranty. TriCom Card does not keep individual sales history.


Consequential Damages and Limitations:

1. TriCom Card shall not be liable for any failure to perform or delay in performing any of its obligations when such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, any act of God, war, strike, riot, fire, flood, earthquake, lock-out, late or non-delivery by suppliers, shortage or unavailability of materials, components or transportation facilities, or any act, refusal to act, regulation, order or intervention of any governmental authority.
2. Under no circumstance shall TriCom Card be liable for any special, indirect, incidental or consequential damages of any kind or nature whatsoever, including, without limitation; lost goodwill, lost resale profits, loss of data or software, work stoppage or impairment of other goods, and whether arising out of breach of any express or implied warranty, breach of contract, tort (including negligence), strict product liability or otherwise, even if advised of the possibility of such damage or if such damage could have been reasonably foreseen, except in case of personal injury where and to the extent applicable law requires such liability.
3. The rights and obligations of the parties under this agreement shall be governed by the laws of the State of California, in which TriCom Card Technologies, Inc. is located.

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