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Terms of service

U.S.A Terms and Conditions of Sale

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

These terms and conditions apply to your purchase of computer systems and/or related products and/or services and support sold in the United States of America. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Carbonfrost and return your purchase pursuant to Carbonfrost's Return Policy.

  1. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Carbonfrost. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained at by contacting a Carbonfrost sales representative.
  2. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Carbonfrost's sole discretion, and unless otherwise agreed to by Carbonfrost, payment must be received by Carbonfrost prior to Carbonfrost's acceptance of an order. Payment for the products will be made by credit card, money order, or some other prearranged payment method unless credit terms have been agreed to by Carbonfrost. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Your order is subject to cancellation by Carbonfrost, at Carbonfrost's sole discretion. Unless you and Carbonfrost have agreed to a different discount, Carbonfrost's standard pricing policy for Carbonfrost-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. Carbonfrost is not responsible for pricing, typographical, or other errors, in any offer by Carbonfrost +and reserves the right to cancel any orders resulting from such errors.
  3. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from Carbonfrost to Customer on shipment from Carbonfrost's facility. Loss or damage that occurs during shipping by a carrier selected by Carbonfrost is Carbonfrost's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Carbonfrost within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Carbonfrost with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. Title to software will remain with the applicable licensor(s).
  4. Warranties. Please refer to the warranties page or the documentation that was sent with your shipment.
  5. Software. All software is provided subject to a license agreement and you agree that you will be bound by such license agreement.
  6. Return Policies: Returns and Exchanges documentation cab be found online through our site, on the documentation and by contacting our sales department.
  7. Changed or Discontinued Product. Carbonfrost's policy is one of ongoing update and revision. Carbonfrost may revise and discontinue a product at any time without notice to you and this may affect information saved in your online "cart." Carbonfrost will ship the product that have the functionality and performance of the product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing product may be new, equivalent-to-new, or reconditioned.
  8. Service and Support. Service offerings may vary from product to product. In addition to these terms and conditions, Carbonfrost and/or your third-party service provider may provide such service and support to you in the United States in accordance with the term and conditions located at Carbonfrost website. Carbonfrost and/or your third-party service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Carbonfrost has no obligation to provide service or support until Carbonfrost has received full payment for the Product or service/support contract you purchased. Carbonfrost is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third-party and not Carbonfrost although attempts can be made to help you although nothing is promised. It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support). Carbonfrost and/or your third-party service provider will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any act or omission, including negligence, by Carbonfrost or your-third-party service provider. Carbonfrost and/or your third-party service provider is not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to Carbonfrost and/or your third-party service provider providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause Carbonfrost to be liable for copyright infringement if those files were copied by Carbonfrost and/or your third-party service provider.
  9. Limitation of Liability. CARBONFROST DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CARBONFROST WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, CARBONFRST IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
  10. Applicable Law; Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export. Carbonfrost has separate terms and conditions governing resale of product by third parties and transactions outside the United States. Terms and conditions for resale can be found by contacting Carbonfrost directly by phone.
  11. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND CARBONFROST arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Carbonfrost's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
  12. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND CARBONFROST, its agents, employees, principals, successors, assigns, affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Carbonfrost's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect. In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and Carbonfrost. NEITHER CUSTOMER NOR CARBONFROST SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Carbonfrost will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

Terms on Pricing, Promotions, and Other Information

Carbonfrost will make a concerted attempt to ensure the accuracy of the information presented in this and other periodicals; however, Carbonfrost reserves the right to adjust prices, product descriptions, product depictions, or other information without notice if they were due to typographical, printing, translation, or other errors. Moreover, special pricings, sales, coupons, or other promotions may be voided to this end. For questions about a specific pricing or promotion or about this policy, please contact support@carbonfrost.com.

Acquiescence to These Terms

By using this site, you are agreeing to the terms set forth as they are stated on this website. By purchasing products or other services, you are agreeing to the terms set forth. If at anytime you disagree with, have questions about, or do not understand the terms here, you may contact us at support@carbonfrost.com. While Carbonfrost will make a reasonable attempt to indicate terms plainly, openly, and promptly, you are entitled to review these terms before making any purchase or other arrangement with Carbonfrost. Please contact us should you have questions before any purchase or other arrangement with Carbonfrost.