1. Payment. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. 123Inkjets.com reserves the right to obtain a security interest in the products sold to customer, and in proceeds thereof, until payment is made in full by customer. Customer agrees to execute financing statements and other instruments at 123Inkjets.comÌs request. A $15.00 collection fee will be charged for all dishonored checks.
    
2. Taxes. Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. All such duties or taxes shall be paid by customer, or, in lieu thereof, customer shall provide 123Inkjets.com with an appropriate tax exemption certificate.
    
3. Title. Title to products passes from 123Inkjets.com to customer upon shipment from 123Inkjets.comÌs facility.
    
4. F.O.B. and Risk of Loss. Unless otherwise stated on the face hereof, all shipments are F.O.B. from 123Inkjets.comÌs Simi Valley, California facility. Upon delivery of the products to the customer, 123Inkjets.comÌs liability for delivery shall cease, and title and all risk of loss or damage to the cartridge as a result of misuse, or damage to personal property as a result of misuse shall pass on to the customer.
    
5. Refunds. Refunds shall be issued to the customer's credit card only. All orders placed by check will receive a refund to a credit card of choice by the purchaser. No checks will be issued for refund purposes.
    
6. Terms of limited warranty. 123Inkjets.com warrants to the original customer purchasing such products directly from 123Inkjets.com that all such products sold will be free from defects in materials and workmanship affecting form, fit and function. Any claim alleging that any product fails to conform to the foregoing warranty may be made only by the customer who purchased such product and only while such customer owns such product. 123Inkjets.com, at its option, will repair, replace, or provide a credit or refund of either the original purchase price or fair market value, whichever is lower, that is determined by 123Inkjets.com to be defective. 123Inkjets.com reserves the right to substitute functionally equivalent new or serviceable used parts. The Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than 123Inkjets.com.

123Inkjets.com MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THAT 123Inkjets.com WARRANTS THAT SUCH PRODUCTS COMPLY WITH THE APPLICABLE PRODUCT DATA SHEET EFFECTIVE AT THE TIME OF SHIPMENT AS AVAILABLE FROM 123Inkjets.com ON ITS WEB PAGE (http://www.123Inkjets.com). Any claim with respect to such products must be made 90 days from the original date of shipment by 123Inkjets.com and 123Inkjets.com shall have no liability thereafter. All WARRANTIES cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than 123Inkjets.com or a 123Inkjets.com-authorized third-party service provider. 123Inkjets.com, at its option, will repair, replace, or provide a credit or refund of either the original purchase price or fair market value, whichever is lower, for any product covered by the foregoing warranty that is determined by 123Inkjets.com to be defective. 123Inkjets.com reserves the right to substitute functionally equivalent new or serviceable used parts.

7. Limitations. 123Inkjets.com MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND 123Inkjets.com DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES, OR ANY WARRANTIES OR INDEMNITIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL 123Inkjets.com BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. CLAIMS AGAINST 123Inkjets.com FOR SHORTAGES SHALL BE DEEMED WAIVED IF NOT MADE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF THE SHIPMENT.
    
8. Return procedures. If product(s) from 123Inkjets.com need to be returned for whatever reason, then customer shall return the product(s) to 123Inkjets.com pursuant to the following terms: Customer must obtain a Return Merchandise Authorization ("RMA") number by contacting customer service at support@123Inkjets.com. An RMA# must be requested within 90 days of the order date. Returned products should be shipped to the following address:
   123Inkjets.com Attn: RMA Dept - RMA# _______
   25 E. Easy St.
   Simi Valley, CA 93065

   Customer shall return the products to 123Inkjets.com in the original packaging and enveloped in the original bags, along with the original invoice or a copy of the original invoice. If no invoice is to be had, please include a letter specifying the problem, and including date of purchase, and the invoice number and customer ID (if possible). Also please include your first and last name, and your phone number. This will help us expedite the solution to your problem, and allow us to contact you if there are any problems, or concerns regarding your return.
    
   • You will not receive a refund or reshipment if you use over 30% of the product!
   123Inkjets.com will not be responsible for damaged parts if customer does not follow this process. Please retain shipping information including tracking numbers, until your account has been credited by 123Inkjets.com or replacement product is received. 123inkjets.com cannot be held liable for any lost packages that are not given any type of tracking number or documentation. If 123Inkjets.com determines that failure of the product(s) was not a result of a defect in materials or workmanship, or if the reason for return does not involve failure, then 123Inkjets.com reserves the right to charge the customer for parts and labor at 123Inkjets.com's current labor rate, or charge the customer a 20% restocking fee. 123Inkjets.com will advise customer prior to assessing these charges.
   
   •If no order number (invoice number) or RMA number is included, there may be a delay in the return process.
   
   •If you do not state whether you desire a refund or a replacement, a standard replacement will be issued.
   
   •Before a refund and/or reshipment can be issued, cartridges in question must be returned.
   
   For further information, please refer to our Return policy.
    

9. Undelivered Products. A 15 business day waiting period is required before any product shall be resent or any order be canceled at the discretion of 123Inkjets, per customer request.
   
   
10. Component resale. Customer shall not engage in the business of reselling components purchased from 123Inkjets.com, or remove components from product for resale, except upon express prior written authorization of 123Inkjets.com.
    
    
11. Assignment. Customer may not assign its rights or obligations hereunder without the express prior written consent of 123Inkjets.com.
    
    
12. Entire agreement. These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
    
    
13. Governing law, jurisdiction and costs. This agreement is governed by the laws of the State of California, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that California is an appropriate place for venue of any litigation and that California courts have jurisdiction over this agreement and customer. In the event the customer and 123Inkjets.com are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred.
    
    
14. Terms and Conditions. This sale is subject to the terms and conditions stated herein, which are in lieu of and replace any and all terms and conditions set forth in any documents issued by customer, including, without limitation, purchase orders and specifications. In case of conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY 123Inkjets.com, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON 123Inkjets.com.