PC & Associates - Terms of Sale & Support
February 20, 2023 update: as a result no longer providing software & hardware sales & support, and by only concentrating on "media conversions", the following key sections below are still in effect: 3.3, 3.5, 3.6, 3.7, 9.2, 10.1, 10.2, 10.3, 10.4, 10.5, 10.6, and 11.1
General: By submitting a purchase order or payment for products and services to PC & Associates, you are agreeing to the following Terms & Conditions as they form a binding agreement between PC & Associates and you and/or your company and are incorporated herewith in all sales of products and services provided by PC & Associates unless a separate signed agreement exists.
COMPUTER SOFTWARE SALES:
1.1) PC & Associates is former a VAR ('value added reseller') of certain software packages for the Process Manufacturing Industries, primarily "BatchMaster Enterprise" and "Formulator". Installation, training, support and consulting services were also provided to this industry.
1.2) PC & Associates may also resell software packages not related to the Process Manufacturing Industries at its' discretion, either directly or via referral.
COMPUTER HARDWARE SALES:
2.1) PC & Associates was primarily a specialty software vendor & business consultant, although certain hardware items (see item 2.3 below) were available on special request.
2.2) All hardware was sold factory-new and with any applicable manufacturer warranties unless otherwise specified. Hardware may be drop-shipped directly from the manufacturer or distributor to the client at the discretion of PC & Associates.
2.3) Hardware is defined to be any of following items: Personal computers (including file servers & laptops), monitors, keyboards, pointing devices (such as mice), modems, hard drives (internal or external), floppy drives, compact disk drives & recorders (CD-ROM, CD-R/RW), DVD & BluRay drives & recorders (DVD-ROM, DVD+/-R/RW, DVD-RAM, BD-R/RW), network interface cards (NIC's), cables, printers, uninterruptible power supplies (UPS), routers, hubs, switches, KVM switches, scanners, multi-function devices, RAM, memory card readers, USB drives and Wi-Fi devices.
2.4) Certain hardware items, such as servers & personal computer workstations from Dell & Lenovo are available at special pricing to customers of Sage Software, BatchMaster & Formulator products. Please inquire for more details.
PAYMENT TERMS:
3.1) Software: Prepaid with order.
3.2) Hardware: Prepaid with order.
3.3) Labor & Services: Due net upon completion of work or weekly, whichever comes first. In some instances, depending on the nature of the project, a retainer or pre-payment may be required. In case of a signed SLA (Service Level Agreement, those terms will supercede the ones here).
3.4) Expenses: Actual travel and related expenses (including, but not limited to: Airfare, personal vehicle mileage to/from DFW Airport, Airport parking, Car Rentals & gasoline, Hotel or Lodging and Meals), will be charged as incurred and are due upon completion of the labor or project that they are related to. In the case of airfare, it will be billed for upon booking of the flight should it occur more than 2 weeks prior to the commencement of the project. PC & Associates endeavors to keep all travel expenses to a minimum reasonable level. Changes in travel itinerary are subject to 'ticket change fees' imposed by the airlines, and are the responsibility of the client if they are the result of change in the travel itinerary requested by the client. In some instances, prepayment of estimated expenses may be required. In case of a signed SLA (Service Level Agreement, those terms will supercede the ones here).
3.5) Sales Taxes: PC & Associates is at this time only required to charge State Sales and/or Use Taxes for clients with ship-to addresses within the State of Texas (even if the bill-to address is outside of the State of Texas). Clients with ship-to and bill-to addresses outside of Texas may be required to pay any State and/or Local Sales or Use Taxes directly to their state as PC & Associates is not required to collect these type of taxes. PC & Associates is NOT responsible for the client's failure to pay any Sales or Use Taxes due in the client's state.
3.6) Payments: Payments can be accepted in:
● US Dollar personal or business checks (shipments may be held until the checks clear).
● US Dollar money orders.
● US Dollar cashier's checks (Note: All checks or money orders must be drawn on a bank or financial institution with a USA address and with USA bank routing numbers on the check).
● Direct Credit card acceptance is limited to VISA & MasterCard.
● Credit card acceptance for VISA, MasterCard, AMEX & Discovers cards is also available to a limited degree via 'PayPal' at https://www.paypal.com and is subject to limitations set forth by PayPal, Inc. (including any maximum daily amounts) and the client's credit card issuer. The 'pay-to' e-mail address at PayPal is peter@pcelias.com .
● Leasing through an approved leasing company. PC & Associates prefers to use KEY Equipment Finance leasing services. Other leasing and equipment financing companies are also available. Call us for more details.
3.7) Overdue payments: PC & Associates may withhold services or product shipments until any overdue invoices are paid for in full.
3.8) Collection: PC & Associates may utilize collection agencies and their services for invoices that are over 90 days past due. PC & Associates may elect to report delinquent accounts to the Better Business Bureau and/or Dun & Bradstreet.
3.9) Product Ownership: PC & Associates retains ownership of software and hardware products until these are paid for in full and may enforce repossession of items for which payments are more than 90 days overdue. Credit card charge-backs and cancellation of lease agreements do NOT cancel the obligation of payments that are due PC & Associates for products and services provided to the client. Please note that "off-the-shelf" software products are technically licensed, not sold; as such, if not paid in full, the license to use such software is deemed revoked.
3.10) Insufficient funds: Checks returned due to 'insufficient funds' will result in the client being charged additional fees to cover these expenses. Texas laws allow for subjecting the issuer of bad checks to arrest and prosecution.
3.11) Special Pricing: Should a price-special, discount or promotion offered by Sage Software (formerly 'Best Software'), BatchMaster Software or Formulator Software be in effect, then such pricing will only be honored by respective developer if the order for products is placed on or before the offer expiration date. This also means that payment for such products has to be received by PC & Associates on or before the expiration date of the price special. PC & Associates can not be held liable for failure of the payment to arrive on or before the offer expiration date. The client is responsible for ensuring that payment reaches PC & Associates on or before the offer expiration date.
3.12) Shipping/Freight: (FOB: Origin pre-pay & add). Unless specifically stated otherwise, all items sold by PC & Associates do NOT include shipping, freight or postage costs (as well as any related additional insurance costs by the respective carriers). The shipping charges are based on the client's desired shipping method (and if none is stated, will be based on PC & Associates' preferred carriers) and will added to the invoice as a separate line item. Any item that is shipped uninsured will be at the clients' own risk. PC & Associates may elect to have items drop-shipped from the vendor's location. The State of Texas requires sales tax on shipping if using a common carrier (such as UPS, FedEx, etc), but not if using the US Postal Service. PC & Associates' preferred shipper is UPS.
WARRANTIES:
4.1) Hardware: All hardware is sold as factory new and will have warranties as provided for by the respective manufacturers, unless otherwise specified. In case of defects, the client will have to contact the respective manufacturer's customer service departments to arrange for repair or replacement of the item at an authorized facility. PC & Associates does not perform repair or warranty work on hardware items.
4.2) Software: All software is sold 'as is'. PC & Associates does not warranty merchantability or fitness of software for any particular use. The client is solely responsible for determining 'fitness for use' in their business. Should the media on which the software is shipped be defective, then the software developer will send out replacement media subject to each developer's software licensing agreement. Clients are reminded that software is generally 'licensed' not 'sold'; meaning that you are purchasing only the right to use the software. Generally, business software can NOT be re-licensed to another business entity without payment of a license fee to the developer (an exception would be if the entire company was sold or merged with another entity). All sales of business software are final.
RETURNS:
5.1) Hardware: Unopened and uninstalled hardware (including any software accompanying the hardware) can be returned for a credit of the purchase price minus a 25% restocking fee. Shipping charges are not refundable. The client is responsible for shipping charges & shipping insurance of items returned to PC & Associates.
5.2) Software: Unopened 'Consumer' software may be returned with for a credit of the purchase price minus a 25% restocking fee within 14 days of purchase or receipt (whichever comes first).
5.2.1) No returns of 'Business' software, including, but not limited to, all versions of Sage PFW, Sage PFW Process Manufacturing, 'BatchMasterPFW', 'Platinum Accounting for Windows by Best', 'PervasiveSQL', 'Crystal Report Writer', 'AuditMaster', "BatchMaster Enterprise", or 'Formulator' are accepted. All sales of the aforementioned software packages are final. Fees for Software Maintenance & Support programs from Sage Software, BatchMaster Software, Formulator or other vendors are NOT refundable (even if not fully utilized).
5.3) Other: No returns will be accepted on any opened items. Return of items is subject to issuance of an RMA ('Return Material Authorization'). PC & Associates may refuse items that do not have an RMA. The client is responsible for ensuring that items authorized for returns are properly packaged to prevent damage during shipping. Shipping costs are not refundable.
TELEPHONE & ON-SITE SUPPORT:
6.1) Hardware: Product support for hardware is performed by the respective hardware manufacturers or their authorized repair centers. See the documentation & manuals provided by the manufacturer regarding product support issues and contact information.
6.2) Software: Support for software is provided directly by each respective developer. For certain software packages, support is included in the yearly maintenance contract that the software developer provides to the client. If the client is not current with a softwarepackage or maintenance agreement, the developer may not provide support, or may require that the client first pay the yearly maintenance & support fee or charge for support on a 'per-incident' basis; this is at the discretion of the software developer.
6.3) Miscellaneous: PC & Associates may provide certain telephone support and training for hardware and software at additional cost to the client. Support is NOT the same as training & consulting, which are separate services and are generally not included in the cost of any manufacturer or developer support programs. PC & Associates may elect to use "GoToAssist Express" (an on-line remote support & screen sharing service) in order to facilitate support, troubleshooting and training issues.
6.4) Rates: The rate for telephone or on-line support, training or consulting labor provided by PC & Associates is US$ 185.00 per hour, billable in 15 minute increments, with a 15-minute minimum. Invoices for such services are due net upon receipt. In case of a signed SLA (Service Level Agreement, those terms will supercede the ones here).
6.5) Prepaid support: Pre-paid telephone or on-line support/training is available in 5 or 10 hour blocks. 5 hours blocks are $850 each (only $170 per hour) or 10 hours for $1,500 each (only $150 per hour). Time is used in 15 minute increments and there is no additional charges for GoToAssist usages. Unused time expires one year from original purchase. In case of a signed SLA (Service Level Agreement, those terms will supercede the ones here).
ON-SITE INSTALLATION:
7.1) Labor for installation and configuration of software and hardware products is not included in their purchase price. Such services can be obtained at additional cost and will be geared towards the clients' specific needs. In case of a signed SLA (Service Level Agreement, those terms will supercede the ones here).
7.2) Rates: The rate for on-site installation labor is US$ 185.00 per hour, billable in 1 hour increments, with a 2-hour minimum in the greater Dallas / Ft. Worth metroplex area, or an 8-hour minimum if outside the greater Dallas / Ft. Worth metroplex area. Applicable travel expenses for travel outside the Dallas / Ft. Worth metroplex area such as (but not limited to) automobile mileage, airfare, airport parking, car rentals, meals and lodging are not included in the hourly rate and will be billed for separately. On-site 'labor' performed in the State of Texas is subject to sales tax (although 'training' and 'consulting' are presently not subject to Texas sales tax). In case of a signed SLA (Service Level Agreement, those terms will supercede the ones here).
ON-SITE TRAINING & CONSULTING:
8.1) Labor costs for software & hardware training by PC & Associates is NOT included in the purchase price of any product. Such services can be purchased at additional cost and can be tailored to suit the clients' specific needs.
8.2) PC & Associates may elect to outsource certain labor and consulting services to qualified 3rd parties (such as Sage Software authorized consultants & resellers or other qualified parties). Such 3rd parties are separate legal entities from PC & Associates.
8.3) Rates: The rate for on-site training & consulting labor is US$ 185.00 per hour, billable in 1 hour increments, with a 2-hour minimum in the greater Dallas / Ft. Worth metroplex area, or 8-hour minimum if outside the greater Dallas / Ft. Worth metroplex area. Applicable travel expenses, such as (but not limited to) automobile mileage, airfare, airport parking, meals, car rental and lodging are not included in the hourly rate and will be billed for separately. In case of a signed SLA (Service Level Agreement, those terms will supercede the ones here).
CONFIDENTIALITY:
9.1) PC & Associates will treat all information relating to the clients' computer data and manufacturing processes as confidential and will not disclose such information unless authorized by the client in writing or required by law or court order. Confidentiality will be maintained indefinitely even after termination of any business relationships. Exempt from this will be any information deemed to be "public or common knowledge", information obtained from openly available sources or
information known prior to the commencement of any business relationship, or if required by law or court order.
9.2) Utmost care will be given any client data files and media that are entrusted to PC & Associates for purposes of support, troubleshooting and in-house data conversions. Said files will be considered confidential and will be deleted from PC & Associates computer equipment after conclusion of the support issue or project, unless otherwise authorized by the client. PC & Associates' computers incorporate up-to-date virus scanning software and firewall protection to ensure the safety of the client data.
OTHER:
10.1) Liability: PC & Associates makes recommendations and performs all work in good faith and assumes no liability for lost, deleted or corrupted data, lost or deleted software applications, damaged computer hardware (as defined in section 2.3 above), loss of business or lost profits. The client is reminded to ensure that all hardware and network items are adequately protected by surge protectors or battery back-up systems and that data backups are performed on a regular basis (daily if possible). Both parties expressly agree that in no event shall either party be liable to the other for any incidental, indirect, special or consequential damages whatsoever, even if such party has been advised, knew of or should have known of the possibility thereof. PC & Associates shall in no event be liable for any monetary amounts greater than those that the client has paid to PC & Associates for products and services. PC & Associates can not be held responsible for the actions of 3rd parties, even if such 3rd parties were recommended by or are subcontractors to PC & Associates.
10.2) Fitness for Use: Unless the client has retained PC & Associates for specific 'fitness for use' consulting, the client is solely responsible for determining whether the software and hardware being purchased are fit for use in the clients' business environment.
10.3) Shipment limitations: PC & Associates may NOT be able to ship certain hardware or software items to destinations outside the United States of America due to limitations imposed by copyright laws, the laws of the United States or by the respective software developers or hardware manufacturers.
10.4) Consumers: PC & Associates generally does not sell software and hardware to 'consumers', with the exception of self-published e-books and certain document & film/slide scanning and videotape-to-DVD/BluRay conversion services.
10.5) Unless a separate written and signed SLA (service level agreement) exists between PC & Associates and the client, the above terms & conditions contained here-in apply to any client placing an order (or submitting payment) for products and services with PC & Associates.
10.6) Placing an order with, or payment of monies to PC & Associates for products and services constitutes your agreement to these terms and conditions of sale. It is recommended that you print a copy of this web page, sign, date and return a copy to PC & Associates, as well as keep a copy for your records. This document may be revised over time; your agreement will be based on either the date monies were first paid to PC & Associates or a signed copy of this agreement, whichever occurred first.
SEVERABILITY and WAIVER:
11.1) If any provision of the foregoing agreement is held to be illegal or unenforceable by a competent court of law, it shall be deemed amended to conform to applicable laws or regulations, or if it can not be amended without materially altering the intention of the Parties, it shall be stricken and the remainder of this Agreement shall continue in full force and effect. The waiver by either Party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. This agreement is governed by the laws of the State of Texas.
Last updated: 20. February, 2023
Please print this page, sign and fill in the information below and mail an original signed copy to
PC & Associates, PMB 222, 120 E. FM 544, Suite 72, Murphy, TX 75094-4035 USA
(be sure to keep a copy for your reference).
Accepted on behalf of Client:
Signature: __________________________________ Date: ___/___/___
Name: __________________________________ Title: __________________________________
Company: __________________________________
Street: __________________________________
City/St/ZIP: ____________________, ______ ___________ - ________