Terms and Conditions of Use

These terms and conditions of sale (“Terms and Conditions” or “Agreement”) govern the sale, license, resale, and distribution, as applicable, of third-party vendor (“Vendor”) hardware, products, software (including all open source licensed or distributed by Vendor, or incorporated into any Vendor software), and services (collectively, “Products”) by Kleindesign LLC, doing business as Tech Retailer USA (together, “Tech Retailer USA”) to the entity purchasing or licensing the Products from Tech Retailer USA (“Buyer”).

Tech Retailer USA will not accept any other terms or conditions unless Buyer and Tech Retailer USA have executed a written agreement that specifically modifies, supersedes, or replaces these Terms and Conditions. In addition, certain Vendors require Tech Retailer USA to pass through terms for the Product to marketplaces, resellers, affiliates, and end-users. By purchasing Products from Tech Retailer USA, the Buyer agrees to these Vendor pass-through terms.

  1. Acceptance

All orders placed with Tech Retailer USA are subject to acceptance by Tech Retailer USA. Acceptance of any order by Tech Retailer USA is expressly conditioned upon Buyer’s agreement to these Terms and Conditions. Any additional or different terms proposed by Buyer are rejected unless expressly agreed to in writing by Tech Retailer USA.

  2. Delivery

Delivery dates provided by Tech Retailer USA are estimates only. Tech Retailer USA shall not be liable for any delays in delivery or for failure to perform due to causes beyond its reasonable control. Risk of loss shall pass to Buyer upon delivery of Products to the carrier.

  3. Price and Payment

Prices for Products shall be as specified by Tech Retailer USA and are subject to change without notice. Unless otherwise agreed, payment terms are due at the time of order. Tech Retailer USA reserves the right to require advance payment or impose credit limits at its discretion. Buyer is responsible for all applicable taxes, shipping, and handling charges.

  4. Returns and Exchanges

All sales are final unless otherwise specified by Tech Retailer USA or required by applicable law. Returns and exchanges, if permitted, must comply with Tech Retailer USA’s return policies and may be subject to restocking fees. Buyer must obtain a return authorization before returning any Product.

  5. Disclaimer of Warranties

Tech Retailer USA does not manufacture the Products it sells. All Products are sold “as is” and “as available.” To the maximum extent permitted by law, Tech Retailer USA disclaims all warranties, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Buyer acknowledges that it relies solely on warranties provided by the original Vendor or manufacturer, if any.

  6. Limitation of Liability

To the maximum extent permitted by law, Tech Retailer USA shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages (including lost profits, revenue, or data), whether arising in contract, tort, or otherwise, even if Tech Retailer USA has been advised of the possibility of such damages. Tech Retailer USA’s total cumulative liability for any claim shall not exceed the amount paid by Buyer for the specific Product giving rise to the claim.

  7. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State in which Tech Retailer USA is registered, without regard to conflict of law principles. Buyer agrees to submit to the exclusive jurisdiction of the state and federal courts located within that state for resolution of any disputes.