Terms of Sale

TERMS & CONDITIONS OF SALE

IMPORTANT NOTICE: MARCUM IS WILLING TO SELL PRODUCTS TO YOU VIA THIS SITE ONLY IF YOU ACCEPT THESE TERMS AND CONDITIONS OF SALE.

BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF SALE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SALE, MARCUM IS UNWILLING TO SELL PRODUCTS TO YOU VIA THIS SITE AND YOU MAY NOT PURCHASE PRODUCTS THROUGH THIS SITE. Any purported change to these Terms and Conditions of Sale by you in any additional documentation is hereby expressly rejected.

These Terms and Conditions of Sale are a legal agreement between you, either an individual or authorized representative of a legal entity (“you” or “your”), and Electronics Technologies LLC., and its brand MarCum Technologies (“MarCum”) applying to the products (“Products”) purchased by you through the site www.marcumtech.com and our subdomains, including without limitation pov-vio.com, viosolutions.com orderastro.com, versae.com (collectively, the “Site”).

MarCum reserves the right, in its sole discretion, to change these Terms and Conditions of Sale at any time. Therefore, we recommend that you read these terms carefully each time you use this Site. By making purchases via the Site, you agree to be bound by the Terms and Conditions of Sale, Terms of Use and Privacy Policy posted on the Site at the time of the sale.

REGISTRATION, PASSWORD AND SECURITY

You can purchase our Products as a guest, or register your information for future purchases by completing MarCum’s registration process. Registration is not required to place an Order. As part of the registration process you must provide us with current, complete and accurate information as prompted by the applicable registration form and provide a password and a user name. You are entirely responsible for maintaining the confidentiality of your password, user name and account information, and for any and all activities that occur under your account. You agree to notify MarCum immediately of any unauthorized use of your account or any other breach of security. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized people from accessing your password, username or account information. MarCum will not be liable for any loss that you may incur as a result of someone else using your password, user name or account, either with or without your knowledge. However, you may be held liable for losses incurred by MarCum or a third party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder and any actions you take using someone else’s account shall be binding upon both you and that account holder. While MarCum strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.

ORDERS

  1. Orders. If you are a registered user, you can elect to “Sign In” either before or after you select Products to add to your cart (“Shopping Cart”). When you “Sign In”, you will be prompted to select “Returning Customers” or “Check Out as a Guest”. If you prefer to shop as a Guest, you can designate your transaction as a Guest by clicking on the “Sign in” link at the top of the screen where you will be directed to the same choice of a “Returning Customers” link or “Check Out as a Guest” link. Alternatively, you can fill your Shopping Cart and “Proceed to Checkout” to select the “Check Out as a Guest” link. You may then submit an order to us for Products pursuant to the order procedure set forth on the Site (“Order”) When submitting an Order, you may be asked to supply certain information relevant to your Order, including, without limitation, your credit card number, expiration date of your credit card, your billing address and your shipping information. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Orders initiated by you or on your behalf. Verification of information may be required prior to acknowledgement or completion of your transaction.
  1. Order Validation and Acceptance. When you place an Order, we may verify your method of payment and/or shipping address before processing your Order. Your placement of an Order with us is an offer to purchase the Products on our Site. We may accept your Order by processing your payment and shipping the Product, or may, for any reason decline to accept your Order or any part of your Order. MarCum reserves the right to refuse service, reject orders, terminate accounts, remove or edit content, or cancel orders (for example, in the case of suspected fraud) in its sole discretion. Any acknowledgment of your Order by us means that your Order request has been received; it does not mean that your Order has been accepted or shipped, or that the price or availability of an item has been confirmed. No Order request shall be considered to be accepted by us until the Product has been shipped. If we decline to accept your Order, we will attempt to notify you using the email address or other contact information you have provided with your Order.
  1. Additional Terms. All Products, pricing, and promotions offered hereunder are at the sole discretion of MarCum. Products may be discontinued or changed at any time. We may limit or cancel quantities available for purchase on any Order on any basis, and to alter the availability or duration of any special offers at any time. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same account, the same credit card, and/or Order that use the same billing or shipping address.
  1. Electronic Communication. When you place an Order though the Site, you are required to provide a valid email address and phone number, which we may use to communicate with you, among other ways, regarding the status of an Order, advise you regarding shipment of Products, and to provide you with other notices, disclosures or other communications relating to your Order. You agree that we will not be responsible for any damages you incur, or information you do not receive, as a failure to provide a valid email address and/or phone number.

PRICE AND PAYMENT

  1. Pricing and Product Information. We make every effort to provide current and accurate information relating to Products and prices, but we do not guarantee the accuracy or any such information. All pricing information is subject to change at any time without notice. In the event we discover a material error in the description or availability of a Product that affects your Order, or an error in pricing or quantity, we will attempt to notify you of the corrected information and you may choose to accept the corrected information or cancel your Order. If MarCum has charged your credit or debit card but subsequently canceled your Order, MarCum will promptly issue a credit to your credit or debit card account for the amount charged.
  1. Responsibility for Shipping Charges and Taxes. None of our prices include, and you shall pay, shipping charges, any excise, sales, use or like taxes and any applicable surcharges, and therefore such prices are subject to increase in the amount of any such tax (excluding tax on net income), shipping and surcharges that MarCum may be required to collect or pay upon the sale or delivery of the Products purchased hereunder. The state in which you receive our shipment may require that you remit some form of taxes even if we aren’t required to collect taxes in your state. It is your responsibility to remit these taxes if your state requires it.
  1. Prices. Prices are, and all payments shall be made, in U.S. dollars.
  1. Payment. To the extent that a balance is due to us after use of any available gift cards, merchandise credits, or merchandise allotments payments to us will be made via your personal Pay Pal account or by credit or debit card through our Pay Pal payment gateway at the time you check out, or such other payment method as may be made available from time to time. You agree to pay the amount specified, including any applicable sales or other taxes, and shipping and handling charges and surcharges. Shipments to distant states such as Hawaii and Alaska may be subject to additional surcharges without advance notice to such customers at the discretion of MarCum. No discounts, quantity entitlements, or promotions apply unless expressly specified for the transaction. Orders will be processed and shipped pending credit card authorization.
  1. Payment Information. MarCum and its payment industry business partners will process, store and use information about your transaction and your contact information, including name, phone numbers, address, and e-mail addresses, to process and fulfill your transaction. This use and all other uses of your personal information are governed by MarCum’s Privacy Policy and the applicable privacy policy of our payment industry business partners. If you process your payment via your personal Pay Pal account, you agree to the applicable Pay Pal terms of use and privacy policy and your payment information will not be stored by MarCum.

SHIPPING/DELIVERY

MarCum shall deliver the Products to the location set forth in your order within the United States of America using its choice of shipping company. For detailed information on MarCum’s shipping policies, please visit Shipping Methods, Cost & Timing. You are solely responsible for the accuracy of your shipping information that you provide MarCum. Risk of loss and title to the Products remains with MarCum until the Products are turned over to the carrier at which point risk of loss and title transfers to the carrier. Risk of loss and title are transferred to you when goods are delivered to the location you specified in the Order. You must inform MarCum within 10 days of receipt of your order if you believe any part of your purchase is missing, damaged or incorrect.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that MarCum retains all right, title and interest in all intellectual property rights in and to the Products.

LIMITED WARRANTIES, EXCLUSIVE REMEDIES, DISCLAIMERS, LIMITATIONS ON LIABILITY

MarCum’s limited warranties and your exclusive remedies for specific Products are set forth on MarCum’s Warranty Information page.

EXCEPT AS SET FORTH ON MARCUM’S WARRANTY INFORMATION PAGE, ALL PRODUCTS ARE SOLD ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES AT ALL. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARCUM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

Some states do not allow disclaimers of implied warranties or limitations on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to you, and you may also have other rights which vary from state to state.

IN NO EVENT SHALL MARCUM BE LIABLE FOR DAMAGES ARISING AS A RESULT OF ANY DELAY BY MARCUM UNDER THESE TERMS AND CONDITIONS OF SALE. IN NO EVENT SHALL MARCUM BE LIABLE, AS A RESULT OF SELLING A PRODUCT HEREUNDER OR UNDER THESE TERMS AND CONDITIONS OF SALE, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, TREBLE OR EXEMPLARY DAMAGES OR OTHER SIMILAR DAMAGES REGARDLESS OF THE CAUSE OF ACTION AND REGARDLESS OF WHETHER MARCUM KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. MARCUM’S AGGREGATE LIABILITY UNDER OR RELATING TO THESE TERMS AND CONDITIONS OF SALE WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other rights which vary from state to state.

RETURN POLICY

For the most comprehensive return policy information, please consult our Returns and Exchanges policy. Defective items, whether under or outside the warranty period, may require special handling. Defective MarCum items, for example, must be processed online at marcumtech.com/support/.

If your return no longer qualifies you for the same quantity discounts and/or free promotional item provided by the value of your original Order, you will be charged back for such discounts, and you will be required to return your free promotional item. If you do not return your free item, your original payment method will be used to charge you for the value of the promotional item.

INDEMNIFICATION

You agree to indemnify MarCum and its officers, directors, employees, agents, distributors, partners and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees that arise from your misuse of the Products, including but not limited to your violation of these Terms and Conditions of Sale, the Terms of Use or Privacy Policy.

GENERAL

MarCum will not be liable for performance delays or non-performance due to causes beyond MarCum’s reasonable control, including due to acts of God, war, riot, fire, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or unforeseen circumstances. These Terms and Conditions of Sale, the Terms of Use, Privacy Policy and the details on the order form for the Products constitute the final, complete, exclusive and entire agreement between you and MarCum with respect to your purchase of Products hereunder, and supersede any contemporaneous or prior agreements, correspondence or information, oral or written. The failure of either party at any time to enforce any provision of these Terms and Conditions of Sale shall not prevent either party from enforcing any other provision. In the event that any portion of these Terms and Conditions of Sale, the Terms of Use or Privacy Policy shall be held to be unenforceable, the remaining portions of these Terms and Conditions of Sale, Terms of Use, and Privacy Policy shall remain in full force and effect.

APPLICABLE LAW

These Terms and Conditions of Sale shall be governed by, and construed and enforced in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale shall be filed only in the state or federal courts located in Hennepin County in the State of Minnesota, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on you in the manner authorized by applicable law or court rule.

QUESTIONS/ADDITIONAL INFORMATION

If you have any questions regarding the Terms and Conditions of Sale, the Products, your Order or you wish to obtain additional information, please send an email to service@marcumtech.com

LAST UPDATED. These Terms and Conditions of Sale were last updated on February 25, 2020.

© Electronics Technologies LLC., and its trademark MarCum. All rights reserved.