Products purchased on this website are intended to be used and installed by network managers, administrators, and technicians who are responsible for managing and installing equipment in business, enterprise and/or service provider environments. Knowledge of SAN/storage, server, networking technologies, or more is assumed. SPS Pros is not responsible for delays, interruption of service, loss of business, loss or damage due to insufficient knowledge of installation and operation by the Customer.

Product Substitution Policy

SPS Pros reserves the right to substitute comparable product part numbers that maintain the same specifications and work for the same products as the one ordered.

For example: 005048829, 005048797, 005049238, and 005049542 are all the same 1TB SATA drive from EMC, generically known as CX-SA07-010. When a specific part number is low on stock or out of stock, we may substitute the comparable part number that falls under the same generic part number.

Scenario: When a customer orders quantity 5 of part number 005049542, we may ship out quantity 5 of part number 005049238; as they are identical hardware and falls under the same generic part number.

Recycling Obligation

All purchases for SPS units from SPS Pros will come with a pre-paid return shipping label which you the purchaser agree to use to return the SPS unit(s) being replaced. We responsibly recycle all battery cores, and recondition the SPS units themselves with brand new cores. If you fail to ship the SPS units being replaced to SPS Pros, we reserve the right to invoice you separately for $250.00.

All purchases for controller units from SPS Pros will come with a pre-paid return shipping label which you the purchaser agree to use to return the controller unit(s) being replaced. We responsibly recycle all battery cores, and recondition the controllers themselves with brand new cores. If you fail to ship the controller units being replaced to SPS Pros, we reserve the right to invoice you separately for $500.00.

Duties, Taxes & Fees

International customers (customers shipping outside of the United States) are responsible for all duties and taxes applicable to the import of goods being shipped to their country. All International shipments shipped via FedEx are setup to bill all duties, taxes and fees to the recipient. FedEx will hold all shipments until these fees are paid to FedEx by the recipient/customer.

SPS Pros is not responsible for delays, interruption of service, loss of business, loss or damage due to untimely shipments due to customs procedures or non-payment of all duties and taxes.

If a shipment is returned for non-payment of duties, taxes or fees, the original shipping fees, return shipping fees, and any duties, taxes, fees paid by SPS Pros on behalf of the customer will be deducted from the refund, along with a 15% restocking fee.

SPS Pros reserves the right to refuse shipment to any country due to legal or financial concerns.

Limitation of Liability

In all circumstances SPS Pros’ maximum liability is limited to the purchase price of the products sold. SPS Pros shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the products it sells which exceeds this liability limit. SPS Pros shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not SPS Pros has been made aware of the possibility of such claims or damages.

Orders

An order is not binding upon SPS Pros until it is accepted; SPS Pros must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or by some other method prearranged with SPS Pros. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Shipping Charges

Your total cost for purchase of any product will include the shipping and handling charges shown on your SPS Pros invoice. However, your original shipping fees are non-refundable in the case of a warranty claim. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you.

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between SPS Pros and Customer shall be governed by the laws of the State of Minnesota, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. SPS Pros and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Minnesota, Scott County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against SPS Pros that is more than one year after the date of the applicable invoice.

Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Minnesota law.

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Warranty, Returns & Support

All products shipped and sold by SPS Pros come with a 60 day warranty. For warranty and returns information please visit our Warranty & Returns page.

Support by SPS Pros is limited to products purchased through SPS Pros, and only the functionality of that specific unit – not how it functions in conjunction with the rest of the system. All products sold by SPS Pros are fully-tested using industry standard techniques.

 

Date Created: Sept. 30th, 2013
Last Updated: Sept. 19th, 2017