Varatek Software, Inc. Terms and Conditions of Sale
Please read the following terms and conditions of sale carefully before ordering products from us. This agreement (“Agreement”) contains the terms and conditions that apply to purchases by you (“Customer”) from Varatek Software, Inc. (“Varatek”). By placing an order, accepting goods shipped, or downloading software, Customer agrees to be bound by and accept these terms and conditions. Varatek reserve the right to alter this Agreement at any time, without prior notice to Customer.
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document. Any attempt to alter, supplement or amend this document or to enter an order for products which is made subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both the Customer and an authorized representative of Varatek.
All product orders placed by Customer with Varatek are subject to acceptance by Varatek.
Terms of payment are within Varatek’s sole discretion, and unless otherwise agreed to by Varatek, payment must be received by Varatek prior to Varatek’s acceptance of an order. Orders are not binding upon Varatek until accepted by Varatek. Customer is required to pay shipping and handling. Unless otherwise stated, all payments will be made by credit card at the time of ordering. All credit card orders are subject to verification and approval. Customer’s credit card account will be charged when the order is processed. Prices and configurations advertised are subject to change without notice or obligation prior to acceptance of your order.
If applicable, a separate charge for taxes will be shown on the invoice.
Title to software will remain with Varatek.
All software furnished to Customer is on a licensed basis. All software is provided subject to the license agreement governing use of the software. Customer agrees to be bound by the software’s license agreement. Varatek does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
Shipping and Handling
Orders are usually shipped within 5 business days, depending on availability. Delivery times are estimates only and Varatek shall not be liable for delays. Shipping and handling fees are non-refundable. Varatek will ship to Customer addresses in the 50 United States and the District of Columbia. Software purchases are available for delivery via electronic transfer protocol.
You may cancel or revise your order if we are contacted before your order has been shipped. To request a cancellation on an unshipped order, please contact email@example.com and provide the following information: Full name of purchaser, your order number, the name of the product you purchased and your postal address.
You will receive an e-mail confirmation after your order has been cancelled or revised. We cannot cancel an order once it is shipped. Your option then is to request a Return Authorization.
Returns and Refunds
Customer satisfaction is guaranteed with any software purchased from Varatek within thirty (30) days of the purchase date. If you are not satisfied you can return the software for a refund. Shipping and handling are not included in the refund. All returns must be accompanied by a Return Merchandise Authorization (RMA) number. Varatek must receive a completed and signed Statement of Software Destruction within 35 days of the purchase date. No refund will be made until the Statement has been received by Varatek, or if the time requirements described above are not met. Varatek is not responsible for lost or misdirected mail, delays for downloading, or other communication system delays. Products not purchased directly from Varatek must be returned to the place of purchase (Web store, etc.) and are subject to the return policies of the place of purchase. Visit the customer support section at MindApp.com for detailed instructions on requesting an RMA, obtaining a Statement of Software Destruction, and mailing the Statement.
Warranty Disclaimers / Limitation of Liability
IN NO EVENT SHALL Varatek, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS (“Varatek PARTIES”) BE LIABLE FOR DIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLDING BUT NOT LIMITED TO, LOSS OF DATA, USE, OR PROFITS). HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT Varatek HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE THAT THE Varatek PARTIES MAXIMUM LIABILITY ARISING FROM ANY PRODUCT SOLD BY Varatek SHALL NOT EXCEED THE PRICE OF SUCH PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO THIS AGREEMENT.
Typographical and Misprint Errors
Varatek is not responsible for typographical or pictorial errors and makes every possible effort to avoid them. Varatek reserves the right to change or correct prices. Item pictures may be representative item only. Specifications and descriptions subject to change without notice
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Varatek is not responsible for the operation of or content located on or through any such site.
Substitutions and Modifications
Varatek reserves the right to substitute or change materials, parts, product specifications or functional attributes at any time without notice.
Varatek shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and without the fault of Varatek. Quantities are subject to availability. In the event of production difficulties or product shortages, Varatek may allocate sales and deliveries at its sole discretion.
Customer may not assign its rights or obligations hereunder without the express prior written consent of Varatek. Varatek may assign its rights and obligations by giving Customer written notice thereof but without being obligated to obtain Customer’s consent prior thereto.
You acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement, and hereby reaffirm your acceptance of those terms. This Agreement, as supplemented by specific product warranties, warranty disclaimers, and software license agreements, are the only agreement between Varatek and Customer relating to Customer’s purchase of products from Varatek, and supersede any prior or contemporaneous agreement or representation. This Agreement may be modified only in writing. If any provision of this Agreement is invalid or unenforceable under applicable law, it is to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by Federal laws. Any litigation arising from this license will be pursued only in the state or federal courts located in the Commonwealth of Massachusetts.