Terms & Conditions
Last Updated November 02, 2021
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sierra Microproducts reserves the right at any time after receipt of your order to accept or decline your order for any reason. Sierra Microproducts reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $5000.00 ( USD ) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Sierra Microproducts shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Sierra Microproducts shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Sierra Microproducts shall immediately issue a credit to your credit card account in the amount of the charge.
RETURN POLICY AND 30 DAY LIMITED WARRANTY
Every product you buy from Sierra Microproducts is backed first by the product manufacturer’s or supplier’s warranty. Sierra Microproducts’s 30 day limited guarantee may also apply. Sierra Microproducts’s 30 day limited guarantee provides for either exchange or refund of qualifying merchandise.
Software, consumables and some other categories of products that do not qualify for Sierra Microproducts’s 30 day limited guarantee have less extensive returns privileges and may be supported exclusively through the manufacturer’s or supplier’s warranty. Terms and conditions may vary by manufacturer, supplier or product. Sierra Microproducts will assist customers whenever possible in gaining satisfaction with product manufacturers and suppliers.
All returns require a Return Authorization number to be issued prior to being returned. Returned products must be in new condition, include original outer packaging, all disks, registration cards, inner packing materials and other accessories and be received within 30 days of the date shipped. We reserve the right to refuse for return or charge a restocking fee for damaged, incomplete or otherwise non-conforming returns. Returns will not be accepted without a Return Authorization number issued by Sierra Microproducts or when the product manufactures or distributors return policies supersede ours.
If this transaction involves an export under the U.S. export regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by Sierra Microproducts were exported in accordance with such regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers’ warranties for exported products may vary or may be null and void for products exported outside the United States.
RISK OF LOSS
If the Customer provides Sierra Microproducts with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for Sierra Microproducts, title to products and risk of loss or damage during shipment passes from Sierra Microproducts to Customer upon shipment from Sierra Microproducts’s facility. For all other shipments, title to products and risk of loss or damage during shipment passes from Sierra Microproducts to Customer upon receipt by Customer. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer’s rights therein are contained in the license agreement between such licensor(s) and Customer. Sierra Microproducts retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
LIMITATION OF LIABILITY
In no event shall Sierra Microproduct be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION OR IN SMALL CLAIMS COURT AND AGREEMENT TO WAIVE A RIGHT TO JURY TRIAL AND TO PARTICIPATION IN CLASS ACTIONS You and Sierra Microproducts agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from Sierra Microproducts by binding Arbitration administered by the American Arbitration Association, or in a small claims court, and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, claims arising out or relating to your purchase including, but not limited to contract claims, tort claims and statutory claims, or any combination of claims. We agree that the arbitration or small claim proceeding will take place San Diego County, California. We agree that the American Arbitration Association shall administer the arbitration, and that the American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures and Consumer Related Disputes Supplementary Procedures, if applicable, shall apply. These Arbitration Rules may be found on the American Arbitration Association’s web site at http://www.adr.org . You and Sierra Microproducts agree that the Arbitration Award maybe taken to a Court of competent jurisdiction to become an enforceable judgment. You and Sierra Microproducts agree that any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted. If you wish to begin arbitration against Sierra Microproducts you must file a case with the American Arbitration Association. You may visit the American Arbitration Association’s web site at http://www.adr.org to obtain forms and guidance and to learn the procedure for filing a case under this Arbitration Agreement. This Arbitration Agreement affects your legal rights. An arbitration is resolved by a neutral party and not a judge or jury. There is less discovery and less exchange of information between the parties to an arbitration than might occur in a court proceeding. An arbitration award is final and binding and will only be overturned or reversed by a court in very limited circumstances. You agree that, by entering into this Agreement, you and Sierra Microproducts are each waiving the right to a trial by jury or to participate in a class action.
This privacy notice discloses the privacy practices for http://www.sierramicroproducts.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:
1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.