Terms of Use


PLEASE READ BEFORE USING THIS SITE

This site is owned and operated by DataQ Internet Equipment Corporation (hereafter referred to as "DataQDirect," "we," "us," or "our.")  By using this site, you agree to the terms of use stated below. Customer accepts these Terms of Use by registering with DataQDirect.com.  DataQDirect may change these Terms of Use and our Polices at any time, without prior notice.  If you use this site after DataQDirect makes a change to any of the Terms of Use, you accept that change.  If you do not agree to these Terms of Use or accept the change, please do not use or register with this site.  We suggest that you occasionally check these Terms of Use. 

*Please note that orders placed after 4:30PM Eastern Standard Time will process the next business day. Though unlikely, there are situations where an order placed prior to 4:30PM EST will process the next business day. For a better understanding of when your order will ship, please contact us at 877.344.3849.

USE OF MATERIALS

No material from this site may be copied, reproduced, republished, uploaded, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for non-commercial use only provided that all copyright and other proprietary notices are kept intact.  modification of the materials or use of the materials for any other purpose is a violation of DataQDirect copyright and other proprietary rights.  Unless otherwise indicated on this site and excluding trademarks, service marks and trade names of other companies that are displayed on this site, all trademarks, service marks and trade names are the property of DataQDirect.

EQUIPMENT STATUS AND CONDITION

All equipment sold by DataQDirect is manufactured by the indicated manufacturer (“the Manufacturer”) unless specifically stated on your order (or by written notice from DataQDirect). The items described on your order (the “Products”) are in unused condition.  DataQDirect ships products in the condition they were received from the original manufacturer.

DATAQDIRECT LIMITED WARRANTY

Upon purchasing products, customer will rely on manufacturer specifications only and will not rely on any statements or photographs on DataQDirect.com that represent the products that are being provided by DataQDirect.  DataQDirect is not the manufacturer of the products purchase by the customer.  DataQDirect warrants most products against defects in workmanship and materials.  If for any reason the manufacturer's warranty is not honored by the manufacturer (up to 1 year).  The sole obligation of DataQDirect under this warranty shall be to replace defective products.  No warranty will be honored by DataQDirect for items returned without the manufacturer's serial number.

NO EXPRESS OR IMPLIED WARRANTIES; LIMITATION OF LIABILITY: Except as
set forth in paragraph 3, DATAQ DISCLAIMS ALL REPRESENTATIONS AND EXPRESS WARRANTIES AND FURTHERMORE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DATAQ
SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES ARISING FROM THE PURCHASE OR USE OF OR OTHERWISE
RELATED TO THE PRODUCTS AND UNDER NO CIRCUMSTANCES WILL DATAQ
BE LIABLE IN DAMAGES IN AN AMOUNT IN EXCESS OF THE SALES PRICE OF
THE PRODUCTS.

MISSING, DAMAGED OR INOPERABLE ITEMS

Within five (5) days of receipt of the items described on your order, DataQDirect must be notified in writing of missing, damaged or inoperable items upon delivery. Notice must be given by filling out the following RMA REQUEST FORM.

SHIPPING

Any order that is placed through DataQDirect.com using a personal e-mail account (non-company e-mail such as Gmail, Yahoo!, Hotmail etc.) may be subject to a delay in shipping.  In an ongoing effort to eliminate fraudulent transactions, we require a select amount of transactions to be put on hold for review.  DataQDirect is not responsible for any delays in delivery which result from circumstances beyond the control of DataQDirect including, but not limited to, product availability, shipping carrier delays, weather delays or power failure.  Shipping dates provided by DataQDirect are estimates.

RETURNS

Requests for returns through the RMA Request Form must be approved by DataQDirect in writing.  No returns will be accepted without prior written approval and an assigned RMA number and will only be accepted based on the Terms and Conditions specified therein.  Shipping charges are non-refundable unless otherwise approved by DataQDirect.  DataQDirect does not pay for return shipping unless otherwise agreed upon between DataQDirect and Customer.

PLEASE NOTE:  DATAQDIRECT REFUNDS CUSTOMER RETURNS BASED ON THE CONDITION OF THE MANUFACTURER PACKAGING.  A 20% RESTOCKING FEE WILL BE APPLIED TO ALL OPENED BOXES THAT NO LONGER REMAIN FACTORY-SEALED.  FOR FULL RETURN DETAILS PLEASE CLICK HERE

OFFERS & PROMOTIONS

Offers and promotions are subject to the following terms and conditions and by participating in any offer or promotion, customer acknowledges and agrees to these terms and conditions.

Offers and promotions are available to customers placing online orders only. DataQDirect may suspend, modify, or terminate offers and promotions in whole or part for any reason, at any time without prior notice.  Promotions are limited to one (1) per customer and are non-stackable unless otherwise stated by DataQDirect.  DataQDirect is not responsible for any omissions or typographical errors in any promotional materials.  DataQDirect, at it's sole discretion, may restrict any customer at any time from participating in any offer or promotion for any reason.  All offers and promotions end at 11:59 p.m. EST on specified end date unless otherwise stated by DataQDirect.  "Free shipping" promotions refer to free ground shipping only unless differently expressed by DataQDirect.  Only product totals (shipping fees and taxes excluded,) are eligible towards minimum qualifying purchase amount where applicable. Offers and promotions do not apply to previous purchases.

DISCLAIMER and ACKNOWLEDGEMENT

DataQDirect shall not be liable for any damages or injury resulting from your access to this site or your reliance on any information provided on this site. Everything on this site is provided to you ‘as is’ without warranty or any kind, either expressed or implied. DataQDirect does not warrant that the functions contained in the materials will be uninterrupted or error-free or that this site or the server that makes it available are free of viruses or other harmful components. DataQDirect does not warrant or make any representations regarding the use or the results of the use of the materials in this site regarding their correctness, accuracy, reliability, or otherwise. By using this site, you assume sole responsibility for the entire cost of all necessary servicing, repair, or correction. The above exclusion may not apply to you if applicable law does not allow the exclusion of implied warranties.

DataQ is not affiliated with the manufacturer of the products and is not the manufacturer’s authorized distributor of the products. Buyer acknowledges and understands that, as a result of purchasing the products outside of the Manufacturer’s authorized distribution network, they may not be warranted by
the Manufacturer, the Manufacturer may not service the Products and the use of the products in a system or with other products may void the Manufacturer’s warranties on the remaining parts of the system. The products are solely warranted by DataQ pursuant to the limited warranty set forth below. 

DataQ is an independent distributor. We hereby represent that we are NOT A BUSINESS PARTNER, NOR AN AUTHORIZED DEALER/DISTRIBUTOR/REP OF ANY of the manufacturer's items we sell. Although we represent that the items are new, unused, sealed, and in the exact physical condition that is sold by the authorized channel - the buyer of the products from us, bears all risks associated with buying and or using the products obtained outside the traditional authorized distribution channel.

RELEASE

In accepting delivery of the Products, Buyer releases, remises and forever discharges DataQ and its parent, subsidiary and affiliated companies, shareholders, directors, officers, employees and representatives, successors and assigns, from any and all claims, causes of action, rights of recovery, including any right to indemnity or contribution, for all damages, losses,
expenses, liabilities and judgments incurred or entered as a result of the sale of the products outside of the Manufacturer’s authorized distribution network.

LIABILITY

Under no circumstances, including, but not limited to, negligence, shall DataQDirect be liable for any incidental, indirect, or consequential damages that result from the use of, or the inability to use, the materials in site. In no event shall DataQDirect have any liability to you for damages, losses, and causes of action for accessing this site.

PAYMENT TERMS

Agreed payment terms are indicated on the invoice. Past due payments
will be subject to a 1.5% per month charge. DataQ shall be entitled to reimbursement of its attorneys’ fees and costs in any litigation or other proceeding relating to this Invoice or the sale of the products. 

OTHER

DataQDirect assumes no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect your computer equipment or other property due to your access to, use of, or browsing on our site or downloading of any materials from the site.

All claims, disputes, or disagreements which may arise out of the interpretation, performance, or in any other way relating to your use of this site, shall be submitted exclusively to the jurisdiction of the Courts of Pennsylvania.

Additional terms may apply.