All sales made by TRiNet International, Inc. (“Firm”, ”Seller”, “we”, “us” or “our”) are subject to the following Terms and Conditions. Every use of the term “Client”, “Purchaser”, “Buyer”, “you” or “your” in these Terms and Conditions refers to the person or entity that is the customer of record.

1. GENERAL. Unless otherwise stated in an express written agreement signed by an officer of the Firm, the terms and conditions contained on our written invoices, the catalog, and available online, as amended from time to time, shall apply to all transactions initiated via the salesperson, other employee, advertisement, software or through the Web Site. Purchaser’s acceptance of these terms and conditions shall be made by either (i) Purchaser providing a purchase order number to Firm or (ii) Purchaser’s acceptance of any product or (iii) Purchaser’s acceptance of any service or (iv) Purchaser placing an order with Firm, whichever occurs first. These terms and conditions, as published on the Firm’s website located at https://trinet-intl.com/terms-and-conditions-of-sale/ at the time of the sale, are the official terms and conditions of sale between the Firm and Purchaser and may be amended from time to time without notice at Firm’s sole discretion.

2. PRICE. All prices are subject to change without notice and will be established at the time the order is approved by the Firm. Order approval and sale by the Firm occur at the time of shipment. Prices for backorder products are not guaranteed.

3. RETURNED CHECKS. Customers will be assessed a service charge of $100.00 for each check returned to our bank regardless of the reason the check is returned. Payment will be required via wire transfer, cash or cashier’s check within 72 hours for any invoice(s) that are paid with a returned check or the account will be placed for collection. Customers with two or more checks returned in any 6 month period will be put on a cash or cashier’s check basis until further notice.

4. PAYMENT, COLLECTIONS COSTS, DELINQUENT PAYMENT FEES, AND LATE FEES. The invoice is due and payable in full according to its terms. Any unpaid delinquent balance shall bear a finance charge of 1.5% per month (18% per year) or the maximum interests allowable by law whichever is the highest. In the event an attorney is employed or expense is incurred to compel payment of the invoice or to declare any action or proceeding is commenced, the buyer agrees to pay the firm, all costs and expenses associated with the collection of unpaid sums, including but not limited to attorney’s fees. The firm, in its sole discretion, reserves the right to change terms of payment and/or discontinue further shipments, without prejudice to any other lawful remedy, until past due payments are made and satisfactory assurances of Purchaser’s credit standing are received by the Firm.

5. PRODUCT SHIPPING, INSPECTION, DAMAGE AND LOSS. Purchaser acknowledges that goods that are being picked up at our offices have been properly inspected by Purchaser prior to tendering payment. Purchaser acknowledges that goods are working according to the manufacturer’s specifications. Goods shipped via third-party carrier (UPS, FedEx, US Mail, Local Delivery, etc.) – Purchaser is obligated to inspect the goods upon receipt. Any damage found must be immediately reported to the third-party carrier and the Seller. Seller does not warrant items damaged by mishandling and/or during shipment. Any claims for such damage must be made to/through the third-party carrier. Risk of loss shall pass to the purchaser upon delivery to the purchaser, its agent, or third-party carrier, whichever occurs first.

6. WARRANTY. Product warranties, if any, are provided by the manufacturer or publisher of the product. The firm makes no warranty whatsoever. In the event of a breach of warranty or the Firm’s obligation hereunder, the Purchaser shall not be entitled to any consequential, special, indirect, or incidental damages.

7. PRODUCT RETURNS. Product returned by Purchaser for credit, replacement, and/or repair requires the following: (1) Purchaser must obtain a valid Return Material Authorization (“RMA”) number from Seller for all returns. RMAs will be issued at Seller’s sole discretion, in accordance with these terms and conditions. (2) The Purchaser must provide the original invoice. (3) All items must be returned to Seller prepaid, unaltered, in their original containers, and in resalable conditions with all documentation and packaging material. (4) All items must have original lot/SERIAL tags as originally affixed. (5) Damaged items must be immediately reported to Seller upon receipt and returned within 3 days. (6) All returns are subject to a 25% restocking fee. (7) All returns are subject to a $25.00 testing/diagnostic fee. Issuing a credit, repairing, or replacing returned items will be determined at the sole discretion of the Seller. No credit will be issued for (1) CPUs not returned within 7 days of purchase; (2) All other items not returned within 15 days of purchase. Seller has sole discretion on the amount of credit that will be issued to Purchaser. Software is not returnable if the packaging has been opened. If the software was distributed electronically, it is not returnable if the licenses were downloaded.

8. LIMITATION OF LIABILITY. The firm shall not be liable to the purchaser, or any other party for any loss, damage, or injury that results from the use or application by the purchaser, or any other party, of products delivered to the purchaser. In no event shall the Firm be liable to the purchaser or any other party for loss, damage, or injury of any kind or nature arising out of or in connection with these terms and conditions, or any agreement, into which they are incorporated, or any performance or nonperformance under these terms and conditions by Firm, its employees, agents or subcontractors. Under no event shall the Firm be liable to the purchaser or any other party for indirect, special, or consequential damages, including, but not limited to loss of goodwill, loss of anticipated profits, or other economic loss arising out of or in connection with Firm’s breach of, or failure to perform in accordance with any of these terms and conditions, or the furnishing, installation, servicing, use or performance of any products or information Firm shall provide hereunder, even if notification has been given as to the possibility of such damages. Purchaser hereby expressly waives any and all claims for such damages.

9. E-COMMERCE, ONLINE SHOPPING. The firm provides an e-commerce/website for the Purchaser’s convenience, by accepting the terms and conditions herein, the customer understands that the access code(s) issued to the person accepting this agreement, shall grant that user access to customer information, sales history, new purchases and other potentially sensitive account information, the customer must further understand the use of the access code(s) are at the discretion and control of the customer accepting there term herein, Firm is NOT responsible for access codes or there use after issuance. Item descriptions and pictures found on the website are for informational purposes only. The firm makes no warranty, either express or implied on the information. All information is provided “as is”. The firm hereby disclaims any and all warranties, expressed and implied, relating to information including but not limited to, the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.

10. GOVERNING LAW. This agreement is governed by the laws of the State of Texas, and the venue of any dispute arising under this agreement shall be Hidalgo County, Texas.