Intermountain Technology Group

Sale Terms & Conditions

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Subject to the terms of this Site Agreement, MacMillan & MacMillan Boise, Inc., dba ITG-Intermountain Technology Group, agrees to provide client use of this site powered by CyBiz to visit, browse, shop, access or otherwise use the site to purchase products as described below. This site is exclusive to Commercial and City, State & Government* sales only. Do not use this site if you are a Home User shopping for products to be used for personal or home use.

IDAHO City, State & Government Users, please refer to ITG'S IDAHO STATE & GOVERNMENT USE OF SITE TERMS AND CONDITIONS AND ITG'S IDAHO STATE & GOVERNMENT SALES TERMS AND CONDITIONS.

All sales made by ITG-Intermountain Technology Group to its clients are subject to these terms and conditions and ITG's Use of Site Terms and Conditions. Clients' acceptance of these terms and conditions shall be made by visiting, browsing, shopping, accessing or otherwise using this site, providing a Credit Card Number/Purchase Order Number to ITG or Client's acceptance of any product from ITG, whichever occurs first. The Sale and Use of Site Terms and Conditions constitute a legal agreement between you and ITG-Intermountain Technology Group. By visiting, browsing, shopping, accessing or otherwise using the site, you acknowledge you have read, understand and agree to ITG's Sale and Use of Site Terms and Conditions. If you do not agree with ITG's Terms and Conditions Agreement, then do not use this site.

>��PRICING AND INFORMATION DISCLAIMER
>��GOVERNING LAW
>��LIMITATION REMEDY
>��ORDERS, PAYMENT METHODS, PAYMENT TERMS, INTEREST
>��SHIPPING CHARGES
>��TAXES
>��PRODUCT RETURNS

1. PRICING AND INFORMATION DISCLAIMER:

All pricing, availability, text, and tech notes are subject to change. For all prices, products, offers, and availability, ITG reserves the right to make adjustments due to changing market conditions, discontinuation of product, manufacturer price changes, errors in advertisements and other extenuating circumstances. ITG welcomes Requests For Quote and Large Volume Bids.

While ITG uses reasonable efforts to maintain accurate and up-to-date information on the Site, ITG makes no warranties or representations as to the accuracy of the Site. ITG assumes no liability or responsibility for any errors or omissions in the content of the site, or the inability for the client to use the site.

Any agreement for the purchase of goods and/or services from ITG shall be governed by and is made subject to these Policies and the Returns Policies stated below. ITG may, at its sole discretion, revise these Policies from time to time without notice. Pricing and availability are subject to change without notice. Photos may not represent actual product. Any errors in pricing, product description, typographical, or any other errors are subject to correction, even after orders and/or payment are accepted. ITG will notify the client of any changes or corrections prior to completion of the order for approval Manufacturer warranty, if any, applies; ITG HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABLITY AND FITNESS FOR A PARTICULAR PURPOSE. ITG does not guarantee product compatibility. Not all products are eligible for return, and not all products that are eligible for return are to be returned to ITG. Before making your purchase, carefully review the Return Policy. Pricing shown does not include Shipping and Taxes. Shipping charges are not refundable.

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2. GOVERNING LAW:

Any purchase of goods from ITG shall be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any principles of conflicts of law. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Except for equitable relief sought by ITG, which may be sought in any court of competent jurisdiction, user consents to the exclusive jurisdiction of the State and Federal courts located in Boise, Idaho.

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3. LIMITATION OF REMEDY:

IN NO EVENT SHALL ITG BE LIABLE FOR ANY DAMAGES CAUSED BY ANY PRODUCT OR SERVICE OR THE FAILURE OF SUCH PRODUCT OR SERVICE TO PERFORM, OR THE INABILITY TO USE SUCH PRODUCT OR SERVICE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE, LOSS OF DATA, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT. ITG is not liable for any claim made by a third party or made by you for a third party.

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4. ORDERS, PAYMENT TERMS, INTEREST SHIPPING AND TAXES:

4.1 ORDERS, PAYMENT TERMS, INTEREST: SCOPE OF USE RIGHTS�� All orders are not binding upon ITG until received and accepted by ITG. Terms of payment are within ITG's sole discretion. Credit Card purchases are charged prior to shipment of your order. ITG accepts Visa, MasterCard and Government Issued P-Cards. You may contact your Account Manager at 208-344-5545 to discuss Leasing and/or Purchase Order Accounts. Please see our Privacy and Security Statement. If you have an account with ITG, invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

Although Internet orders generate an automatic confirmation or response email, ITG may change pricing, product description or specification, or cancel after any order confirmation or response email but prior to processing the order due to errors, changing market conditions, product discontinuation or unavailability, typographical errors or any other reason.

ITG will notify you of any corrections or changes and ask for your approval prior to completing your order, and will not complete your order until we have your approval.

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4.2 SHIPPING:�� Shipping and handling charges vary based on weight, size, destination, and carrier. ITG has established some basic guidelines on shipping charges, but these are subject to change at anytime, including after the order has been submitted. ITG will not process an order without notifying you of a change in shipping charges.

To obtain an exact quote for shipping charges, please submit your order as a Request for Quote requesting shipping charges. ITG will then quote the product and applicable shipping charges prior to your submittal for order.

4.2.1 Shipping in the State of Idaho to Boise, Meridian, Eagle, Nampa and Caldwell is FREE*
Ground Shipping and Delivery is FREE for products weighing less than 150lbs. General shipping time is 3-7 days based on availability. Under some circumstances all orders, including large orders and products weighing more than 150lbs. may or may not be subject to shipping charges. If a shipping charge applies, ITG will contact you prior to processing the order. 2nd Day and Overnight Shipping Charges will apply. Please contact ITG Sales at 208-344-5545 or itgsales@itgb.com for exact shipping charges.

4.2.2 Shipping to All Other Areas within the 48 Continental States
All orders 5 pounds or less, totaling less than $600, and delivered to a Loading Dock will be shipped via ground transportation within the 48 continental states for a total shipping, handling and insurance charge of $5.25. General shipping time is 3-10 days based on availability. Shipping and handling charges on all other orders vary; contact your ITG account manager at 208-344-5545 or itgsales@itgb.com for our most current and competitive rates, options and shipping specials. 2nd Day and Overnight Shipping Charges will apply.

For the Customer's protection, we ship only to the verified billing address of the Customer's credit card. In some circumstances, international shipping may be available. Call 208-344-5545 for details.

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4.3 TAXES:

4.3.1 ORDERS SHIPPED WITHIN THE STATE OF IDAHO:
All orders shipped within the State of Idaho will be charged sales tax based on the State of Idaho's current tax rate. If you are tax exempt in the State of Idaho, please contact us at 208-344-5545 to qualify. Once you have qualified, we will keep your file on record.

4.3.2 ORDERS SHIPPED OUTSIDE THE STATE OF IDAHO:
The customer is responsible for sales and all other taxes associated with the order based on the State guidelines where the product is shipped. ITG will not be held liable for any unpaid taxes by the client If 2nd Day or Overnight Delivery is available and the product is being shipped to California, Connecticut, New York or Massachusetts taxes will be charged based on the State's current tax rate where the product is shipped.

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5. PRODUCT RETURNS:��

Requirements- Not all products are eligible for return. Client must obtain a valid Return Merchandise Authorization ("RMA") number from ITG for all returns. RMAs will be issued, at ITG's sole discretion, in accordance with these terms and conditions. Client must have a valid proof of purchase, and must complete an ITG Return Merchandise Request Form within 14 days of the date of the original invoice.

RMAs will be issued for authorized returns under one of the following categories: (i) defective products, (ii) purchasing discrepancies, (iii), damaged Product. or (iv) billing or shipping discrepancies.

5.1 Purchasing Discrepancies:�� Purchasing Discrepancies are for products purchased from ITG that were ordered incorrectly by the client. These include, but are not limited to: duplicate orders, ordering incorrect product, or returning product that is not needed. The Client is responsible for contacting ITG within 2 Business Days upon receiving the product to notify of the discrepancy. Client is responsible for ensuring that a RMA number is issued before the product is returned. The client is responsible for ensuring that the product is returned within 5 days after the RMA number is issued, and all products are Factory Sealed, No Writing on the Box, and can be re-sold as new. All products must be in the manufacturer's original packaging and in condition suitable for resale. Returned merchandise will be inspected by ITG. Any returns not meeting these conditions will be returned at the Client's expense. If the client refuses the return of these items without ITG's prior authorization, Client agrees to relinquish all right and title to and waives all claims against ITG for credit related to such products. ITG reserves the right not to authorize the return of Products based on the Returns Policy stated by the manufacturer.

5.2 Defective Product Returns:�� Defective returns are only for Products purchased from ITG that are inoperable, or do not function in accordance with the specifications published by the manufacturer and are covered under the manufacturer's warranty. All defective returns are subject to more restrictive manufacturer policies. Client may request an RMA for the return of defective Products within 14 days of date of invoice. Upon receipt of the defective product for which the RMA was issued, ITG may test the products and may return to Client at Clients expense, any products found not to be defective. Upon verification that the returned Product is defective, ITG may, at ITG's sole discretion, either (i)repair the defective product, (ii)ship Client a replacement product, or (iii) provide client a credit equal to the lesser of the products invoice price or current replacement value less any applicable charges or fees. ITG reserves the right to require Client to return defective Product directly to the manufacture for replacement according to its defective products return policy. ITG shall not be obligated to repair, replace, or credit to Purchaser for Products rendered defective, in whole or in part by causes external to the products, including, but not limited to, catastrophe, power failure or transients, over voltage or interface, environment extremes, improper use, maintenance or application of the Products or use of unauthorized parts. Client shall bear all risks of loss when returning defective products.

5.3 Damaged Product Returns:�� Damaged product returns are only for products purchased from ITG and shipped via ITG's carrier of choice that are damaged in transit from ITG to the Client. Damaged products shipped by the Client's requested carrier are the sole responsibility of the Client. Client shall receive and document with carrier any product delivered in damaged condition. Client shall notify ITG and request an RMA within (3) business days of receipt of such product. Failure to notify ITG and request an RMA within such time shall be deemed an acceptance of the Product as of the date of shipment.

5.4 Billing and Shipping Discrepancies:�� Billing and shipping discrepancies are for Products purchased from ITG that were invoiced or shipped incorrectly. These include lost shipments, short shipments, wrong sales, and wrong shipments. Client may request an RMA for verified shipping discrepancies with 14 calendar days of invoice date.

These terms and conditions, as published on ITG's web site located at www.itgb.com, at the time of sale, are the official terms and conditions of sale between ITG and Client and may be amended from time to time without notice at ITG's sole discretion. This Agreement shall be effective when a customer visits, browses, shops, and accesses or otherwise uses this site. If you do not agree with ITG's Sale Terms and Conditions and/or Use of Site Terms and Conditions Agreement, do not use the site. ITG reserves the right to cancel and/or reject orders, even after confirmation has been sent to the client, and refuse service to anyone at anytime.

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