Xcel Data Solution may change these terms and conditions of use at any time, without prior notice. If you access or use the Web site after Xcel Data Solution posts a change, you accept that change. If you do not accept the change, do not access or use the Web site. You should check these terms and conditions of use periodically.
Access and Use of the Web site
Xcel Data Solution grants you a limited license to access and use the Web site, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the Web site, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all copies in your possession.
Unauthorized use of the Web site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Restrictions on Use of the Web site
Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Web site or its content in any form without Xcel Data Solution's prior written permission.
The following activities are also expressly prohibited without Xcel Data Solution's prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Web site or any of its content; "mirroring" the Web site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Web site or otherwise interferes with its functioning.
Posting and Transmitting to the Web site
You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. Xcel Data Solution reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.
Accuracy of Information and Disclaimer of Warranty
Xcel Data Solution has made every effort to present the content on the Web site accurately, but additions, deletions and changes may occur. Content on the Web site is provided "as is"; neither Xcel Data Solution nor its representatives make any representation or warranty with respect to the content.
Xcel Data Solution and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the Web site or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, non-infringement, or fitness for any particular purpose
Pricing & Inventory
Xcel Data Solution, its representatives and affiliates reserve the right to cancel any order at its discretion. We do our very best to ensure the accuracy of any and all information, including product specifications, pricing, available inventory and product condition.
Limitation of Liability
Under no circumstances will Xcel Data Solution or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Web site or its content, even if they have been advised of the possibility of such damages. Additionally, Xcel Data Solution is not liable for any errors and omissions, inaccuracy of information, lost production, business interruption, lapses in coverage or lost data. You access and use this Web site at your own risk.
Links to this Web site
Xcel Data Solution grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web site so long as the link does not portray Xcel Data Solution or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the Xcel Data Solution logo, Xcel Data Solution trademark, or Xcel Data Solution's name or trademarks, or other proprietary graphic in the link without the prior written permission of Xcel Data Solution
Links to Third Party Web sites
The material provided on this Web site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of the Web site is owned by Xcel Data Solution or others. Except for the limited rights granted above, all other rights are reserved
All trademarks are the property of their respective owners. Some images are courtesy of manufacturers.
For Use in the United States
This Web site is controlled and operated by Xcel Data Solution from its offices within the United States. Xcel Data Solution does not represent that the Web site is appropriate or available for use elsewhere; access to the Web site from locations where its contents are illegal is not authorized. If you access this Web site from outside the United States, you do so on your own initiative and at your own risk.
Xcel Data Solution (Xcel Data Solution) warrants that the products purchased by end-user customers from Xcel Data Solution will be free from defects in materials and/or workmanship when in normal use for the period of three 90 days from the date of purchase. Advance Replacement warranty options are available for an incremental charge.
All products are guaranteed eligible for Original Equipment Manufacturers (OEM) installation and maintenance. Xcel Data Solution is not responsible for any customer assessed inspection, certification, license or ownership transfer or return to service fees.
When applicable, OEM and Xcel Data Solution reserve the right to combine new, previously used and/or refurbished materials equivalent to new in performance and reliability. Xcel Data Solution reserves the right to modify and/or custom configure OEM products to meet customer technical and/or configuration requirements.
Unless otherwise expressly indicated, assume all products are previously used, refurbished, tested and fully integrated.
Shipping terms FOB Origin.
Product(s) ordered from Xcel Data Solution are not cancelable or returnable without the express written consent of Xcel Data Solution. At Xcel Data Solution's discretion, approved order cancellations or returns are subject to a restocking fee as determined by Xcel Data Solution. Customer must request order cancellation or return authorization within 30 days of the purchase date. All returns must be in saleable condition.
Xcel Data Solution reserves the right to assign all or part of the customer's order.
Xcel Data Solution reserves the right to reject or cancel a customer's order.
All duties and taxes are the responsibility of the customer. Xcel Data Solution is not responsible for any incurred duties, taxes or fees assessed for the shipment and importation resulting from our product warranty.
The terms and conditions published on our web site (www.xceldatasolution.com/terms.php) are to be considered the most recently updated and take precedent over any other previously written or implied terms and conditions.
Third Party Purchases
Customer agrees to allow Xcel Data Solution to act on Customer's behalf as its agent to satisfy the Customer's needs, for the sole and limited purposes of obtaining Products and Services from a third party seller (a "Third Party Seller") in Customer's name and on Customer 's behalf (a "Third Party Purchase"). Customer appoints Xcel Data Solution its agent for the purpose of satisfying the Customer's obligations to any Third Party Sellers. The parties agree that the purchase price for any such Third Party Purchase by Xcel Data Solution on Customer's behalf shall be included in the payment price as set forth in the "Quotation" and that Xcel Data Solution shall satisfy such obligations to any Third Party Seller on the Customer's behalf upon receipt of payment from the Customer.
Title to the Products and Services will be free and clear of all liens, claims and encumbrances of any kind and, except as provided in the following provisions for Third Party Purchases, shall vest in Customer upon payment of the full payment price as set forth in this "Quotation". In the event of a Third Party Purchase, the Third Party Seller shall be the seller and Customer shall be the buyer with Xcel Data Solution acting only to facilitate such transaction as agent of Customer. As such, title to any Product purchased by Customer from a Third Party Seller shall pass directly from the Third Party Seller to Customer and shall at no time vest in Xcel Data Solution.
International Terms and Conditions
"Customer" hereby acknowledges they have read and agree to all terms & conditions.
For Xcel Data Solution products purchased by and delivered to customers outside of the United States, the warranty is 90 days advance replacement with no other implied or expressed warranty either by Xcel Data Solution or the Original Equipment Manufacturer (OEM). This warranty is not transferable.
Customer agrees that Xcel Data Solution and/or any of its affiliated companies will provide hardware, software, and/or technology ("Product(s)") listed on the "Quotation" page of this document that may be subject to the export laws and regulations of the United States and other nations. Customer understands their obligations under these laws and regulations and agrees to comply with them.
Customer agrees they will not transfer, export, or re-export, directly or indirectly, any Product(s) acquired from Xcel Data Solution to Cuba, Iran, North Korea, Sudan, and/or Syria, or any nationals thereof, or to any other country subject to restriction under applicable laws and regulations. Customer also acknowledges they are not located in, under the control of, a national or resident of any such country.
Customer agrees they will not use the Product(s) in any activity related to the development, production, use, or maintenance of Weapons of Mass Destruction, as defined by the U.S. Dept. of Commerce, including without limitation, uses related to nuclear, missile, and/or chemical/biological development and/or its production. Customer will not transfer, export, or re-export, directly or indirectly to any party engaged in any such activity.
Returns: Non-Defective Products
Xcel Data Solution may accept the return of a product within 15 business days of receipt of goods, at the sole discretion of Xcel Data Solution. If an order is accepted for return, a 25-35% restocking fee will be applied but only under the guidelines listed below. Return shipping and handling costs are the customerís responsibility. International shipments are non-returnable and all sales are final.
Returns: Defective Products
Defective products need to be registered with Xcel Data Solution with in 5 business days of receipt of goods. Defective Products must also be returned within 10 business days of receipt of goods. Xcel Data Solution requires RMA # and the use of Xcel Data Solution's UPS or FedEx account number for all returned defective products. Xcel Data Solution will attempt to replace any defective item; otherwise will provide 100% refund for any defective goods returned. In good faith, Xcel Data Solution will cover the shipping charges for any products replacing the defective goods.
All returns must include a Return Merchandise Authorization Number (RMA#). This enables us to coordinate and track your return throughout our RMA process to provide you with prompt service. All returns without an RMA # will not be accepted by us and will be returned to the buyer at there own expense. Please call 1-888-352-2298 or visit our website for your RMA# before returning any product
Items must be returned in as-new condition and in the original packaging, include the original packing slip, all warranty cards, manuals and accessories. No refunds or exchanges will be made without the original packaging and accessories to either defective or non-defective products.