Terms and Conditions of Sale

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.

This Terms and Conditions of Use Agreement (the "Agreement") is between you and Cascade Asset Management, LLC ("Cascade") and sets for the terms and conditions under which Cascade provides access to content and services at and through this website (the "Site").

Take notice that all sales of tested, usable rebuilt and used computer and office electronic equipment whether in bulk directly to buyers or through eBay or Cascade's website are governed by Cascade's Terms and Conditions of Sale, which contain terms and conditions distinctive of this Agreement and which are accessible through Cascade's website. [Note: create interactive link to the Terms and Conditions of Sale]

Cascade sells in bulk directly to buyers or through eBay or Cascade’s website computer and office electronic equipment that is new (the “New Products”), tested, usable rebuilt and used (the “Tested Products”) and untested used (the “Untested Products” and collectively with the New Products and the Tested Products, the “Products”). Unless otherwise indicated, the following provisions apply to all sales of Products, whether in bulk, through eBay or Cascade’s website, to you by Cascade Asset Management, LLC (“Cascade”).

ACCEPTANCE.
CONTRACT FORMATION BETWEEN YOU AND CASCADE IS HEREBY EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF SALE SET FORTH HEREIN AND IN ANY INVOICE OR OTHER DOCUMENTS PROVIDED BY CASCADE IN CONNECTION WITH THE SALE OF ITS PRODUCTS (ALL OF SUCH TERMS AND CONDITIONS BEING REFERRED TO HEREIN COLLECTIVELY AS THESE “TERMS”). ORDERING ANY PRODUCTS FROM CASCADE, WHETHER IN BULK OR THROUGH EBAY OR CASCADE’S WEBSITE, SHALL INDICATE YOUR EXPRESS ASSENT TO BE BOUND BY THESE TERMS. THESE TERMS, AND ONLY THESE TERMS, SHALL CONSTITUTE THE COMPLETE AND FINAL AGREEMENT BETWEEN YOU AND CASCADE WITH RESPECT TO THE SALE OF CASCADE’S PRODUCTS. ANY ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS PROPOSED BY YOU AT ANY TIME, WHETHER PROPOSED BEFORE, ON OR AFTER THE DATE OF SALE, ORALLY OR IN WRITING, UNLESS SUCH TERMS AND CONDITIONS ARE AGREED TO IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF CASCADE, ARE HEREBY REJECTED IN THEIR ENTIRETY BY CASCADE AND ARE OR SHALL BE DEEMED BY CASCADE, AS THE CASE MAY BE, A MATERIAL ALTERATION OF THESE TERMS. NO COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE SHALL APPLY TO ANY SALE OF CASCADE’S PRODUCTS UNLESS EXPRESSLY AGREED TO IN WRITING BY CASCADE.

RETURN OF PRODUCTS FOR CREDIT
You may return to Cascade any Product for credit within 30 days of the date of delivery to you, provided that (a) if a New Product, such New Product is in its original packaging and such packaging has not been opened, (b) if a Tested Product or Untested Product, such product is returned with all included items and in the same condition as when sold to you. The following Products are not returnable for any reason: (i) New Products, the original packaging of which has been opened; or (ii) Products with a date of delivery to you (per Cascade’s records) more than 30 days prior to receipt by Cascade of your return request. Products returned for credit must be returned with shipping charges prepaid by you. New Products and Tested Products are subject to a 15% restocking fee and Untested Products are subject to a 25% restocking fee.

PRICE; SALES TAX
Products are invoiced at prices in effect at the time of your order and Cascade’s prices are subject to change without notice. In addition to the price of your purchases, Cascade will charge you any applicable sales tax and shipping charges based on your shipping address and the sales tax rate in effect at the time your order is placed.

DELIVERY
Cascade offers shipping options available through carriers of reputable service. Once the Products leave Cascade’s facilities, Cascade cannot control the delivery of such Products and therefore Cascade assumes no liability for late deliveries, regardless of the delivery method that you request. Title and risk of loss to all Products will pass to you on delivery from Cascade’s facility.

PAYMENT
Payment for Products purchased through eBay, in bulk or through Cascade’s website must be made in U.S. dollars using one of the following methods: (a) credit, debit or check cards, (b) cashier’s check or money order, or (c) wire transfer. If using a credit, debit or check card, Cascade will obtain a pre-approval from the card company for the amount of the order; however, Cascade will not bill your credit card or process the transaction under your debit or check card until your order ships. Cascade accepts Visa, MasterCard and American Express. Cascade requires the credit, debit or check card security code and the billing address zip code for your card for any telephone or online purchases of Products to protect against unauthorized use of your credit card by others. If using a cashier’s check or money order, it must be payable to Cascade Asset Management, LLC. Please mail your payment to: Cascade Asset Management, LLC, Attn: eBay Sales, 6701 Manufacturers Drive, Madison, Wisconsin 53704. Please include the eBay item number with your payment, if applicable. Cascade must receive your payment within 10 calendar days or Cascade will cancel your order. Wire transfers are available for bulk purchases only; please contact a representative at (888) 222-8399 for wire transfer instructions.

WARRANTY AND LIABILITY LIMITATION – NEW PRODUCT AND TESTED PRODUCT
Subject to the provisions set forth herein, (a) all New Products carry a thirty (30) day warranty from the date of invoicing, which provides that the New Product will perform to the original manufacturer’s specifications as demonstrated by the manufacturer’s diagnostics, (b) all Tested Products carry a thirty (30) day warranty from the date of invoicing, which provides that the Tested Product will perform as described in the auction details. Cascade’s sole responsibility is to replace or repair, at its option, any defective component. If the New Product or Tested Product that you purchased is defective, you must, within the thirty-day period, call Cascade to receive a return authorization number and return to Cascade the New Product or Tested Product along with the authorization number. New Products and Tested Products shall not be returned to Cascade without an authorization number. Cascade will perform the replacement or repair, at its option, within a reasonable period of time, not to exceed one (1) week (excluding shipping time). In the event the New Product or Tested Product cannot be replaced or repaired, Cascade will issue a refund in the amount of the original purchase price of the New Product or Tested Product. Any modification to the New Product or Tested Product by you voids all warranties and repairs to the New Product or Tested Product will be performed at Cascade’s then current hourly rates, subject to the then current minimum charge. In no event shall Cascade have any liability for any damages, whether incidental, consequential, punitive or otherwise (even if Cascade has been advised of the possibility of such damages), for any breach of warranty or any other act, omission, default or breach, including, but not limited to, any liability for lost profits, product recall costs or any loss of business or goodwill. THE FOREGOING WARRANTY AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SERVICE CONDITION, SERVICE OVER ANY PERIOD OF TIME, OR NONINFRINGEMENT, EACH OF WHICH CASCADE HEREBY EXPRESSLY DISCLAIMS IN ITS ENTIRETY. By purchasing a New Product or Tested Product, whether you purchase in bulk or through eBay or Cascade’s website, you acknowledge that you have had an opportunity to review Cascade’s warranty terms, have done so to the degree that you are familiar with them, and you accept their terms and conditions, including the limitations, exclusions and disclaimers in them.

NO WARRANTY – UNTESTED PRODUCT
The above warranties do not apply to the Untested Products, which are sold “AS-IS.”

 

INDEMNIFICATION
To the maximum extent allowed by law, you shall defend, indemnify and hold harmless Cascade and each of its directors, officers, employees, members, affiliates, agents, representatives, successors and assigns (each, an “Indemnified Party”) against all claims, actions, demands, legal proceedings, judgments, settlements, sums, costs, liabilities, losses, obligations, suits, actions, damages, penalties, fines, interest and other expenses (including, but not limited to, reasonable attorneys’ fees) that any Indemnified Party may incur or be legally obligated to pay as a result of (i) your negligence, use, ownership, maintenance, transfer, transportation or disposal of any Products; (ii) any infringement or alleged infringement of the intellectual property rights of third parties in connection with your use of the Products ordered by you; (iii) your violation or alleged violation of any federal, state, county, local or foreign laws or regulations; or (iv) your breach of any of these Terms. Cascade’s remedies under these Terms are cumulative and in addition to any other remedies available to Cascade at law, in equity, by contract or otherwise. No purported limitation on Cascade’s remedies contained in any instrument or document provided by you shall operate to reduce your indemnification obligations hereunder.

FORCE MAJEURE
Cascade shall not be liable to you or any other person for any delay in delivery or failure to deliver Products, directly or indirectly caused by fire, explosion, accident, flood, labor difficulties or shortage, war, act of terrorism, act or regulation of any governmental body, act of God or any other circumstance or cause beyond the control of Cascade.

MISCELLANEOUS
Cascade’s failure to enforce any provisions of these Terms shall not operate as a complete or partial waiver of such provisions or rights and the same shall remain in full force and effect. You may not assign any of your rights or obligations under these Terms without the prior written consent of Cascade and any attempted assignment without such consent shall be null and void. Cascade may assign or subcontract its rights and obligations under these Terms without obtaining any consent whatsoever. If any provision of these Terms shall under any circumstances be deemed invalid or inoperative, these Terms shall be construed with such invalid or inoperative provision deleted, and the rights and obligations of the parties shall be construed and enforced accordingly. Any dispute regarding the interpretation or validity of these Terms shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard to any conflicts of law principles thereunder. These Terms shall not be amended, supplemented or otherwise modified except by a written agreement executed by duly authorized representatives of you and Cascade. These Terms shall be binding on, and inure to the benefit of, each of you and Cascade and our respective successors and assigns.