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Terms & Conditions
Ordering And Shipping:
Orders for all products can be done via Key Digital website, or over the phone. Key Digital uses FedEx Ground, and UPS for all shipments. Some products must ship via FedEx Freight. Orders of more than $1500 (only applies to dealers who purchase direct from Key Digital) qualify for free shipping (48 contiguous states only). These orders will be shipped via FedEx Ground or UPS at Key Digitals discretion. Free shipping on orders of more than $1500 (dealers only) does not include express shipping services such as Overnight or 2nd Day. Warehouse pick-ups must be paid for in full before any product will be released. Any merchandise returned to the warehouse must be accompanied by a Return Authorization number from a Key Digital Sales Representative.
Dealer Registration, Payment Terms And Conditions:
A company interested in becoming a registered dealer for Key Digital must complete the simple application and verification process either through our website or phone screen with a Key Digital Account Representative. Credit terms can be discussed with an Account Representative at the time of registration and are based on either established credit reports or spending levels with Key Digital. All terms are pre-paid with credit card unless otherwise stated. Accounts more than 10 days past due will be placed on hold. Key Digital reserves the right to send any account more than 30 days past due to a credit collections agency for payment or seek repayment though the litigation process. These accounts will be reported to the credit bureau and may be subject to additional legal and attorney fees. Key Digital reserves the right to cancel any account that is placed on hold twice in one calendar year. Key Digital does not allow for C.O.D accounts, but does accept all major credit cards and company checks (personal checks will not be accepted). A fee of $50.00 will be charged for any insufficient funds check returned and the account will be placed on hold. Failure to rectify an insufficient funds check within 15 days of notice is subject up to 3 times the amount of the check (with a minimum damage charge of one hundred dollars and a maximum of $500.00). Key Digital will assess a 5% late fee per month on all late payments.
Product Returns
All Key Digital products (excluding clearance and discontinued products) can be returned within the specified time for reasons of product satisfaction (as per Product Satisfaction Guarantee) or Product Defect (as per Product Warranty) for credit or replacement. All returns must be shipped via FedEx or UPS Ground with pre-approved RMA number. Clearance and Discontinued products may be returned only in the event of a manufacturer's defect. Key Digital covers non-expedited shipping expenses of the outbound replacement product to the customer. The customer covers shipping expenses to Key Digital’s warehouse. A 25% re-stocking fee will be applied to all non-defective product returns after 30 days. All returns must be pre-approved and sent to the address below:
Key Digital
Attention:
RMA # (XXXXX)
521 East 3rd Street
Mount Vernon, NY 10553
USA
All returns must include the pre-assigned Return Materials Authorization (RMA) Number!
Internet Sales
To protect our dealers, Key Digital strictly forbids any selling of its products on the Internet. This includes "Call for Best Price" or "Call to Order" tactics. Dealer partners are forbidden to use Key Digital part numbers or product images on any company websites without express consent from Key Digital. Key Digital reserves the right to terminate all dealer privileges if any dealer is found in violation of these policies Price Protection
Key Digital may offer lower prices on various items on a promotional or permanent basis. Unless otherwise noted, we do not offer price protection on past orders if these changes occur. Dealer can contact manufacturer directly for pricing schedules .
Unilateral Pricing Policy (UPP)
Key Digital has established and maintains a unilateral pricing policy for selected products. This policy has been established for the following reasons: 1. to protect reseller margins so that pre and post-sale services and infrastructure can be provided; 2. support brand image by, among other things, avoiding its use as a loss leader; and 3. to insure appropriate price levels to facilitate technology development and new product introductions. This policy establishes a minimum pricing level on selected products, outlines the penalties for violations, outlines the scope of the policy and outlines specifics of the product distribution system.
Copyrights and Trademarks
All content on this website, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Key Digital. The collective work includes works that are licensed to Key Digital. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Key Digital or purchasing Key Digital products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place and order with Key Digital. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Key Digital. All users further agree not to change or delete any proprietary notices from materials downloaded from this site. All trademarks, service marks and trade names of Key Digital used in the site are trademarks or registered trademarks of Key Digital.
Warranties
Key Digital does not represent or warrant that the functions contained in this website will be uninterrupted or error-free. Regarding product warranties, Key Digital warrants all products purchased directly from Key Digital to be free from defects in materials and workmanship as per each manufacturer’s specifications. Refer to the Warranty Page for more specifics on the Key Digital product warranty duration for each product.
Harassment
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Key Digital or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive or illegal, or otherwise objectionable which may which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this site or use this site to solicit others to join or become members of any other commercial online service or other organization.
Limitation of Liability
Key Digital shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Key Digital has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Key Digital without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notices
Key Digital may deliver notices to you by means of e-mail, a general notice on the site, certified mail, FedEx/UPS or by other reliable method to the address you have provided to Key Digital.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Key Digital products) shall be in the state or federal courts located in Mount Vernon, NY. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Key Digital products) must be commenced within one (1) year after the claim or cause of action arises. Key Digital failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Key Digital may assign its rights and duties under this Agreement to any party at any time without notice to you.
Participation Disclaimer
Key Digital does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Key Digital is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Key Digital reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Key Digital in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Key Digital, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Key Digital may link to sites operated by third parties. However, even if the third party is affiliated with Key Digital, Key Digital has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Key Digital. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Key Digital seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Customer Ratings and Reviews - Terms Of Use
These Terms of Use govern your conduct associated with the customer ratings and review service offered by Key Digital. To the extent of any conflict between Key Digital Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the customer ratings and review service. By submitting any content to Key Digital, you represent and warrant that: You are the sole author and owner of the intellectual property rights thereto; All "moral rights" that you may have in such content have been voluntarily waived by you; All content that you post is accurate; You are at least 18 years old; Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any content: That is known by you to be false, inaccurate or misleading; That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; For which you were compensated or granted any consideration by any third party; That includes any information that references other websites, addresses, email addresses, contact information or phone numbers; That contains any computer viruses, worms or other potentially damaging computer programs or files. You agree to indemnify and hold Key Digital (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to any sub-contractors), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. For any content that you submit, you grant Key Digital a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. All content that you submit may be used at Key Digital sole discretion. Key Digital reserves the right to change, condense or delete any content on Key Digital website that Key Digital deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Key Digital does not guarantee that you will have any recourse through Key Digital to edit or delete any content you have submitted. Ratings and written comments are generally posted within five business days. However, Key Digital reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Key Digital, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Key Digital, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. By submitting your email address in connection with your rating and review, you agree that Key Digital and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.