TERMS AND CONDITIONS OF SALE (April 22, 2019)

This Terms and Conditions of Sale Agreement (“Agreement”) constitutes a binding legal contract between you (“Customer” or “you”) and Ingram Micro Inc. and its affiliates companies (“Ingram Micro” or “we” or “us”). By ordering any product or service from us, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time without prior notice. Changes to this Agreement will be effective when posted on www.MyRenugo.com. If you use any websites or portals owned or operated by Renugo, such use is also subject to additional Terms of Use, which can be viewed on that particular website or portal.

 

Pricing: Prices are quoted in U.S. Dollars. Unless otherwise specified, prices do not include shipping and handling, expedited service, samples, setup charges, art charges, change orders, and applicable taxes, which will be added to your total invoice price.

 

Taxes: The amount of any present or future sales, revenue, excise or other taxes, applicable to the goods and services sold by us to you shall be added to the purchase price and shall be paid by you, or in lieu thereof, you shall provide us with a tax exemption certificate acceptable to the applicable taxing authorities.

 

Product Display and Descriptions: We make every effort to display and describe items as accurately as possible. Please note, however, that the display and color capabilities of your particular computer monitor will greatly affect the colors and textures seen on a computer screen, and two-dimensional art renderings on paper might differ from the actual final product.

 

Trademark/Copyright Notice: Unless otherwise explicitly stated, the artwork, designs and trademarks imprinted on the products displayed on any website, email or other medium owned or operated by us, are reproduced for illustrative purposes only as examples of the type and quality of branded merchandise available; they are not intended to represent that the products are either endorsed by, or produced for the owners of the artwork, design or trademark.

Use of any third party mark is restricted to authorized persons, employees and agents performing work for or on behalf of the mark owner, or its authorized agents or suppliers, in connection with that mark owner’s business. Nothing herein shall be deemed to confer upon you any license or right to use any third party’s trademarks, service marks, trade names, designs, logos and images.

 

All trademarks, service marks, trade names, designs, logos, images and copyrights which identify Renugo or Ingram Micro are proprietary marks of and owned by those entities. Nothing herein shall be deemed to confer upon you any license or right to use Renugo’s or Ingram Micro’s trademarks, service marks, trade names, designs, logos and images. 

Order Status: By placing an order with us, you consent to receive email from us regarding your order. You agree that any information contained in the order shall be deemed correct. Bad addresses, addresses changes or delivery refusals may result in an additional charge. When your order ships (or, in the case of multiple shipments, when the last part of the order ships), you will receive via email a tracking number. If you have any questions about your order, please email us support@renugo.com and include your order number in all correspondence.

 

Shipping: We shall not be liable for any failure to deliver goods where such failure has occurred due to circumstances beyond our control. Your order may be fulfilled and shipped by Amazon.

 

Returns: Your satisfaction is important to us. Therefore, subject to the terms and conditions contained herein, if you are not completely satisfied with your purchase, you can request an account credit, product replacement or a refund for product returns within 30 days of the invoice date or delivery date, whichever is later. However, unless defective, all orders for and sales of custom items (including any item containing logos or imprints) are final.  All returns, unless for defective items or items not matching the order are subject to a 15% restocking fee that will be deducted from your refund or credit and are also subject to applicable shipping and handling fees that will be deducted from the credit or refund.

 

A return authorization number is required for all returns and must be requested within 30 days of the invoice date or delivery date, whichever is later. All such items must be returned in the original manufacturer’s packaging along with all parts, accessories and paperwork. Modified, altered, damaged or abused products are not returnable. Shipping expenses for non-defective items will be borne by purchaser. For defective products, we will issue a prepaid return authorization, and we will issue the related credit or refund or send out the replacement product upon our receipt of the defective items. To request a return authorization number, please email support@renugo.com, and include your order number with your correspondence.  

 

Warranty/Disclaimer of Warranties: RENUGO AND INGRAM MICRO WARRANT THAT For a period of 30 days after delivery, Renugo OR INGRAM MICRO will, without cost to you, at THEIR option, either (i) repair defective products; (ii) furnish replacement products; or (iii) grant you credit equal to the defective products' net purchase price. Defective conditions in the products caused by third parties, acts of God, defective installation, other trades, abnormal use or stress, or other matters unrelated to Renugo's OR INGRAM MICRO’S activities are specifically excluded from the coverage of this warranty. YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF RENUGO OR INGRAM MICRO. YOU ACKNOWLEDGE BY YOUR USE OF ANY PRODUCTS PROVIDED BY US THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH OUR PRODUCTS. RENUGO AND INGRAM MICRO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.

 

Waiver and Limitation of Liability: INGRAM MICRO HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT NEITHER INGRAM MICRO NOR RENUGO WILL BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT USE AS DEFINED BY 15 U.S.C. § 2301. IN NO EVENT WILL RENUGO’S OR INGRAM MICRO’S LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO INGRAM MICRO. Follow all instructions and heed all warnings accompanying any products offered by INGRAM MICRO. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children

 

Indemnification: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPLETELY HARMLESS RENUGO AND INGRAM MICRO FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED FROM INGRAM MICRO.

 

Governing Law and Venue: This Agreement, the entire relationship between you and Ingram Micro and Renugo, and any litigation or other legal proceeding between you and Renugo and/or Ingram Micro (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to its choice of law rules. If any claim or dispute should arise with respect to any matter relating to these Terms and Conditions of Sale or other documents (including the Terms of Use on any website or portal owned or operated by us), the claim or dispute shall first be resolved by mediation pursuant to the Commercial Mediation Rules of the American Arbitration Rules of the American Arbitration Association. If the claim or dispute cannot be resolved by mediation, then the parties assent to personal jurisdiction in the Superior Court of Marion County, State of Indiana. In the event Ingram Micro is required to retain the services of an attorney for purposes of collecting a past due balance against you, or to otherwise enforce your promises under this Agreement, you agree to pay all of Ingram Micro’s costs of litigation, including but not limited to, attorney’s fees, interest on any past due amounts in the amount 1.5% per month, court costs and other third party expenses.