Terms of use

THESE TERMS AND CONDITIONS (“AGREEMENT”) APPLY TO YOUR ORDER AND PURCHASE OF HARDWARE, SOFTWARE, THIRD-PARTY BRANDED SERVICES AND SUPPORT, AND SANDBOX SKUABLE SERVICES (COLLECTIVELY, “PRODUCT”) SOLD BY SANDBOX COMPUTER SALES (“SANDBOX”). You accept the terms and conditions of this Agreement, unless you have a separate purchase agreement signed by both your company and Sandbox, in which case, that separate agreement will govern. Sandbox may, from time to time and at its sole option, revise this Agreement without notice by posting the revised agreement on its web site. The Agreement posted on Sandbox’s web site at the time Sandbox accepts your order will govern that purchase.
1. Accuracy of Data/Corrections. Sandbox obtains certain data directly from the manufacturer, publisher or supplier of Products and is not responsible for pricing, typographical or other errors in any such data. In addition, availability of third party Product is subject to change without notice. Sandbox reserves the right to cancel orders related to such errors or Product discontinuation or unavailability and to correct this web site at any time, including pricing errors not detected until after Sandbox’s confirmation or e-mail response.
2. Credit and Payment Terms: You shall furnish Sandbox all reasonable financial information requested by Sandbox from time to time for the purpose of establishing or continuing your credit limit, it being understood that Sandbox shall have the right to decline to extend credit to you and to require that the applicable purchase prices be paid prior to shipment. Sandbox shall have the right at its sole discretion from time to time, without notice, to change or revoke your credit limit on the basis of changes in Sandbox’s credit policies or your financial condition and/or payment record.
Payment terms for each shipment of goods or services shall be as stated on Sandbox’s invoice. A service charge of the lesser of one and one-half percent (1 1/2%) per month or the maximum amount allowed by law will be charged on all past due balances to defray Sandbox’s costs of carrying such balance. Credit card (MasterCard and VISA) are only accepted at the time of order or purchase. Payment for all other orders must be made in accordance with the terms in effect at the time the order was placed.
In the event you fail to make timely payment of any amount invoiced hereunder, Sandbox shall have the right, in addition to any and all other rights and remedies available to Sandbox, at law or in equity, immediately to revoke any or all credit extended, call all outstanding receivables to be due immediately, to delay or cancel future deliveries and/or to reduce or cancel any or all quantity discounts extended to you. All costs of collection, including reasonable attorneys’ fees shall be paid by you. Any obligations of Sandbox under this Agreement to deliver goods on credit terms shall terminate without notice if you file a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditors, or if an involuntary petition under a bankruptcy statute is filed against you, or if a receiver or trustee is appointed to take possession of the assets of Purchaser.
3. Taxes: You shall bear and pay applicable federal, state, municipal and other government taxes. Unless otherwise specified, list prices or price quotations do not include such expenses, and they will appear, if applicable, as separate, additional items on the invoice, Exemption certificates, valid in the place of delivery, shall be presented to Sandbox prior to shipment if they are to be honored.
4. Shipment and Delivery: You shall examine all goods promptly upon receipt thereof. No later than five days (5) days after receipt, you shall notify Sandbox of all claimed shortages or damaged goods, or if rejection is intended, shall specify all grounds therefore. Failure to give such notice shall be deemed and acceptance of the goods as of the date of shipment.
Sandbox will use commercially reasonable efforts to meet requested delivery times but does not guarantee delivery by a stated time and is not responsible for any damages due to delays or the failure to meet a stated delivery schedule. Sandbox reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle you to cancel other installments. Title and risk of loss shall pass to you when Product is delivered to the transportation carrier. Sandbox is not responsible for insuring shipments, nor for any loss or damages to Product during shipment and recommends you obtain insurance for shipments. Product shipped in or to California will be delivered to you FOB Destination, freight prepaid and added. Title and risk of loss for such shipments shall pass upon delivery at the requested delivery destination. Notwithstanding anything in this paragraph, title to Software Product remains with the applicable licensor(s), and your rights and obligations related to the software are contained in the license agreement between you and the licensor(s). You grant a security interest in all Products purchased under this Agreement to secure payment in full. Additionally, you authorize Sandbox to execute and file a financing statement or other documents that are necessary to perfect Sandbox’s security interest. Sandbox’s security interest shall terminate when Sandbox has received all amounts due for the Product(s).
5. Return Shipments: Returns are not accepted on all items. Items that have been opened or used cannot be returned. Items missing original packaging cannot be returned. Memory products and opened software cannot be returned. All items returned must be complete, unopened, unused, and in resalable condition. At Sandbox’s sole discretion, select opened items may be returned with a minimum of a 15% restocking fee plus return freight to our distributor. Any and all service charges including, but not limited to configuration charges, delivery charges, and freight will not be credited and you are responsible for payment of them. Sandbox requires preauthorization for the return of all products. In all events, you shall bear the risk of loss or damage during transit. Products not preauthorized for return shall be refused or returned to you at your expense.
6. Defective Returns: Within thirty (30) days after the date of purchase by you, you may return to Sandbox for replacement or credit any goods found to be defective; provided that you obtain Sandbox’s approval prior to returning the goods. Sandbox reserves the right to require you to return defective goods directly to the goods’ manufacturer for replacement according to the manufacturer’s defective goods return policy.
7. Limited Warranty. PRODUCTS MANUFACTURED, PUBLISHED OR PROVIDED BY THIRD PARTIES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY BY SANDBOX OF ANY KIND, EITHER EXPRESS OR IMPLIED. Sandbox shall pass through to you, to the extent available, any manufacturer’s/publisher’s/supplier’s written warranties associated with third party Products purchased from Sandbox. Although third-party services and support are considered “Product” and you may purchase such services through Sandbox, Sandbox is not obligated to provide the services or support. Sandbox accepts no liability for any claims arising out of any act or omission, including negligence, by your third-party service provider; and any amounts associated with third party services, including but not limited to taxes, will be collected solely in our capacity as an independent reseller of such Product.
8. Disclaimer of Warranty. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND YOUR SOLE AND EXCLUSIVE REMEDIES. SANDBOX DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. No agent or employee of Sandbox or any other party is authorized to make any warranty in addition to those made in this Agreement.
9. Limitations on Use. You agree and represent that you are buying Product for your own internal use and not for resale. If Product purchased under this Agreement is intended for export, it may be subject to export regulations. You accept full responsibility for and agree to comply fully with all export regulations, including obtaining export licenses. The export of Products may also alter or void the manufacturer’s or publisher’s warranty. PRODUCTS OFFERED BY SANDBOX ARE NOT DESIGNED FOR USE IN LIFE SUPPORT, LIFE SUSTAINING, NUCLEAR SYSTEMS OR OTHER APPLICATIONS IN WHICH FAILURE OF SUCH PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, LOSS OF LIFE OR CATASTROPHIC PROPERTY DAMAGE. USE IN ANY SUCH APPLICATIONS IS AT YOUR SOLE RISK.
10. Limitation of Liability. SANDBOX WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF INCOME, PROFITS, DATA, OPERATIONAL EFFICIENCY, USE OR INFORMATION, ARISING UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION OR THEORY OF RELIEF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any liability for direct damages arising under this Agreement, regardless of the form of action or theory of relief, is limited to the purchase price of the Product. No action arising out of the transactions under this Agreement may be brought by you more than one (1) year after the damage, loss or expense occurred. Sandbox is not liable for any claim made by a third party or made by you for a third party.
11. Termination. You may cancel any order for Product at no charge up to five (5) business days prior to scheduled shipment upon written notice to Sandbox, unless such Product has been modified or otherwise reconfigured in accordance with your specifications. Cancellation shall not relieve your duty to pay for Products shipped, services performed or expenses incurred by Sandbox prior to such notice. If an order is cancelled prior to shipment, your sole remedy and Sandbox’s sole obligation will be a full refund of the purchase price paid for the Product. Cancellation of orders following shipment must be made in accordance with the return policies of the manufacturer, publisher or supplier of the Product.
12. Governing Law and Venue. This Agreement will be governed by the substantive laws of the state of Colorado without giving effect to any choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. You are responsible for compliance with local laws, if and to the extent local laws are applicable. Both parties to this Agreement specifically agree to submit to the exclusive jurisdiction of, and venue in, the courts in El Paso County, Colorado in any dispute arising out of or relating to this Agreement
13. Assignment. Sandbox may assign or subcontract all or any portion of its rights or obligations with respect to the sale of Products and/or assign the right to receive payments without your consent. You may not assign this Agreement or any of its rights or obligations without the prior written consent of Sandbox. Subject to the restrictions in assignment contained in this provision, this Agreement will be binding on and inure to the benefit of the parties hereto and their successors and assigns.
14. Force Majeure. Sandbox will not liable for failure to fulfill its obligations under this Agreement or for delays in delivery or performance due to causes beyond its reasonable control. Sandbox’s time for performance of any such obligation will be extended for the time period of such delay, or Sandbox may, at its options, cancel any order or remaining part thereof, without liability, upon notice to you.
15. Miscellaneous. No provision of this Agreement may be waived, amended or modified by either party except by a written agreement signed by both you and Sandbox. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of that party to thereafter enforce such rights. The relationship between Sandbox and you is that of independent contractors and not that of employer/employee, partnership or joint venture. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, all other parts will still remain in effect. Notices to be provided under this Agreement must be in writing and will be deemed received upon the earlier of: 1) actual receipt; 2) three (3) days after mailing, if mailed postage prepaid by regular mail or airmail; or 3) one (1) day after such notice is sent by courier or facsimile transmission. The terms and conditions applicable to all returns are set forth in Sandbox’s Return Policy Terms in effect at the time of Product purchase shall apply to any requested returns.
16. Entire Agreement. This Agreement constitutes the entire agreement between us regarding this purchase of Products from Sandbox and supersedes and replaces any previous communications, representations or agreements. Any additional or different terms or conditions contained in any purchase order or other documents provided by you are considered material alterations to this Agreement, expressly rejected and will not be binding upon Sandbox.