Terms and Conditions
By accepting delivery of any product ordered from Mediaimpactlive.com (“Mediaimpact”), you (“Customer”) agree to be bound by the terms and conditions listed below. You and Mediaimpact agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Mediaimpact. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Mediaimpact.
Mediaimpact offers our Customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:
- 7-day refund/replacement guarantee on all Entertainment Systems. All refunds on Entertainment Systems will be subjected to a 15% restocking fee to reflect the current market value. Bulk purchases of more than 2 Entertainment Systems are subject to replacement only. Refunds are not available for Bulk Entertainment System purchases.
- Downloadable software may not be exchanged or returned for a refund after purchase.
- If you wish to return a Bundle Special for a refund, you must return the ENTIRE BUNDLE within 30 days of purchase. Note that a 15% restocking fee will be applied. Components within a Bundle Special may be returned for repair/replacement only. Individual items may only be returned for repair/replacement if an RMA number is acquired within the Return Policy period.
To take advantage of Mediaimpact’s satisfaction guarantee, the Customer must comply with the Product Return Procedure detailed below. Any breach of Mediaimpact’s Return Policy Procedure will result in the loss of Mediaimpact’s refund/replacement guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.
Product Return Procedure
- To return a product in compliance with Mediaimpact’s satisfaction guarantee, you must obtain a Return Merchandise Authorization (“RMA”) number within the guarantee return period for the product (described above). All RMA requests must be filed online or via email. Mediaimpact will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by Mediaimpact. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
- Customer is solely responsible for shipping any returned product to Mediaimpact. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, Mediaimpact’s Return Procedure will be breached and Mediaimpact may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).
- Mediaimpact will not refund to Customer the original shipping charges. In addition, Mediaimpact will assess a 15% restocking fee against the Customer’s account on all returns for refund.
Year 2000 Policy
Customer’s only recourse for any “Year 2000” issue is against the applicable manufacturer under its manufacturer warranty. Please contact the manufacturer to determine warranty coverage for “Year 2000” compliance problems. Mediaimpact DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO “YEAR 2000” COMPLIANCE OF ANY PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARICULAR PURPOSE.
Limitation of Liability
IN ALL CIRCUMSTANCES MEDIAIMPACT’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. MEDIAIMPACT SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. MEDIAIMPACT SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT MEDIAIMPACT HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
Mediaimpact does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with Mediaimpact unless Customer has provided clear and conspicuous notice to Mediaimpact and has received prior written consent from Mediaimpact.
General Terms and Conditions
An order is not binding upon Mediaimpact until it is accepted; Mediaimpact must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Mediaimpact. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Your total cost for purchase of any product will include the shipping and handling charges shown on your Mediaimpact invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to Mediaimpact.
Risk of Loss
Mediaimpact will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to the Customer upon delivery to the carrier. Mediaimpact reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Mediaimpact to sign appropriate documents on Customer’s behalf to permit Mediaimpact to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Mediaimpact will advise Customer of estimated shipping dates, but Mediaimpact will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Mediaimpact and Customer shall be governed by the laws of the State of Kentucky, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Mediaimpact and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Kentucky, Jefferson County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Mediaimpact that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Kentucky law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These terms and conditions, together with Mediaimpact’s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Mediaimpact and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Mediaimpact and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.