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Terms & Conditions

(Note: This document can be downloaded by using this link: Terms & Conditions)

Copyright and Trademark

ModularOneTechnology and ModularOneTechnology Logo are trademarks of ModularOneTechnology LLC. Such marks may not be used under any circumstances without the prior written authorization of ModularOneTechnology LLC.

Microsoft and Windows are registered trademarks of Microsoft Corporation. All other trademarks referenced are the property of their respective owners and no trademark rights to the same are claimed.

All content contained on this website, other than content posted by users, is the property of ModularOneTechnology LLC or is duly licensed to ModularOneTechnology LLC or used with the permission of the copyright owner.

Orders

All small orders (under USD 2,000) are taken through our online store, accepting payment via credit card. Orders over $5,000 (USD) require 40% prepayment.

Most orders are shipped within 2-3 business days. Credit cards are processed nightly for orders placed before 4:00pm USA Central Time. These orders are typically shipped the following day.

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. After the receipt of your order, ModularOneTechnology reserves the right to accept or decline your order for any reason (including, but not limited to, typographical errors).

Purchase Orders
Purchase orders are accepted from approved customers only. All purchase orders under $2,000 (USD) will incur a processing fee. A processing fee of $30 is associated with Net-15 orders. A processing fee of $50 is associated with Net-30 orders. All purchase orders must include acknowledgment of the terms and conditions on this page.

Invoices

All invoices are due according to terms (due-on-receipt, Net 15) specified by ModularOneTechnology at the time of order. In the case of credit invoices (Net 15), the invoice is due no later than 15 days after the invoice date. Payments received after the due date are subject to 1.5%/month interest from the invoice date. ModularOneTechnology does not accept purchase orders with terms.

Shipping

When purchasing via the online store we offer a choice of either FedEx for USPS. Costs vary depending on delivery service and location, and will be computed during checkout. Changes to shipment methods may be made at our discretion at any time. If ordering by Purchase Order, please specify your preferred shipping method and identify any special shipping needs.

Returns

All items purchased within this store are refundable (minus shipping fee) within the first thirty (30) days after purchase as long as complete packaging is included and the item is in its original condition. Contact us for return information prior to returning any purchased items. We do not refund shipping costs.

Warranty

Our products are warranted to be free of material defects for 30 days of normal use within specification. Because our modules are used in conjunction with customer designs, we have to assess each situation on a case-by-case basis. Within the 30-day use period, however, if the failure is found to be strictly with our product from normal use within specification of the components on-board, we will repair or replace (at our option) the product if returned to us in its original condition. We do not refund shipping costs.

Firmware Updates

All firmware updates are provided as a courtesy and may or may not be provided free of charge. Firmware updates are applied at the user's own risk and may, in rare cases, cause the device not to boot. ModularOneTechnology charges $20 plus any shipping fees to reprogram a device.

Sales Tax

Orders placed from the online store for shipment within the state of Texas will be subjected to sales tax. Each customer shall be solely responsible for all sales, use, or other taxes on orders shipped.

Disclosure

ModularOneTechnology LLC retains the option to disclose its vendor relationship with each customer through press releases, in direct/email announcements, and on its website. We may also request that a particular customer participate in marketing and business development activities such as success stores, references, etc. Each customer will have the opportunity to review and provide input to all such marketing and business development activities before release, distribution, or publication.

Exports

All products sold for export or to foreign nationals are subject to the following Destination Control Statement: “These commodities, technology or software are controlled by the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited.

These Products may not be exported or re-exported, either directly or indirectly to the following countries: Cuba, Iran, Sudan, North Korea, or Syria.

In addition, commodities may not be exported to entities and persons that are ineligible under US laws to recieve US products, technology, and/or software.


General Legal

Disclaimer of Representations and Warranties The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.

MODULARONETECHNOLOGY EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS, GRAPHICS ON THE WEB SITE, AND WITH REGARDS TO ANY GOODS OR SERVICES SOLD ON OR THROUGH THIS WEBSITE. SUCH IMPLIED WARRANTIES THAT ARE DISCLAIMED INCLUDE WITHOUT LIMITAION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. ALL GOODS ARE SOLD “AS IS”, AND ARE SUBJECT ONLY TO THE RETURN POLICY SET FORTH IN THIS WEBSITE.

Limitations on Liability

UNDER NO CIRCUMSTANCES SHALL MODULARONETECHNOLOGY (OR ANY OF ITS RESPECTIVE OFFICERS, OWNERS, EMPLOYEES, AGENTS, AFFILIATED ENTITIES, OR SUCCESSOR IN INTERESTS) BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF, OR IN ANY MANNER CONNECTED WITH, THE GOODS OR SERVICES SOLD ON OR THROUGH THIS WEBSITE, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES FROM THE WEB SITE, IN AN AMOUNT IN EXCESS OF THE AMOUNT OF VALUE OF PAYMENT(S) FOR GOODS AND/OR SERVICES (IF ANY) PROVIDED TO MODULARONETECHNOLOGY.

Severability and Waiver

The invalidity of any term or provision of these Terms and Conditions will not affect the validity of any other provision. Waiver by ModularOneTechnology of strict performance of any provision of these Terms and Conditions will not be a waiver of its right to require strict performance of the same provision in the future or of any other provision of these Terms and Conditions.

Entire Agreement

These Terms and Conditions constitute the entire agreement between each user and ModularOneTechnology LLC as to their subject matter. No modification of these Terms and Conditions will be binding unless in writing and signed by both parties.

Applicable Law / Venue

These Terms and Conditions shall be interpreted and enforced pursuant to Texas law. In the event of any proceeding, claim, or litigation with regards to these Terms and Conditions, or the subject matter thereof, venue for such proceeding, claim, or litigation shall lie within a court of competent jurisdiction within the State of Texas.

Changes to These Terms of Use

ModularOneTechnology reserves the right to change these Terms and Conditions at any time by posting new Terms and Conditions at this location. Your continued use of this website will constitute assent to any revised changes to these Terms and Conditions

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