Terms and Conditions
These Terms and Conditions govern your purchase of any product offered by Projector Doctor on www.ProjectorDoctor.com. Please read these Terms and Conditions carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. By placing an order, you acknowledge you have read, accepted and agreed to be bound by these Terms and Conditions, without limitation or qualifications. These Terms and Conditions are subject to modification at any time without prior written notice and in the sole discretion of Projector Doctor.
Projector Doctor may discontinue any product at any time without notice. The product prices displayed on Projector Doctor do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price.
2. Price Errors
Our goal is a 100% error-free Web site. If product price errors are discovered, they are promptly corrected on our systems, and the corrected price will apply. We will notify you if your order includes items that were incorrectly priced.
3. Value Brand Products
The term “Value Brand” is used on Projector Doctor for all items meeting or exceeding the specifications as listed on the respective Product Detail page. Value Brand items are manufactured by numerous companies whose company names may or may not be recognizable “brand names” to the consumer. The trademarks and/or trade names of the brand name companies referenced in the Product Detail page are used only to compare products of similar characteristics. Orders for Value Brand products may contain items manufactured by two or more companies.
Orders are not binding upon Projector Doctor until accepted. Projector Doctor reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Payment can be made via MasterCard, Visa, American Express and Discover. Your credit card will be charged when your order is placed. Projector Doctor also accepts purchase orders from customers who have received Projector Doctor credit approval. To apply for Projector Doctor credit, please call our Mendtronix corporate office at (800) 789-9820 and speak to our National Account Managers to get a Credit Application. Special terms and conditions apply to Credit customers for late or non-payment. Your National Account Manager can share details.
6. Sales Tax
You are responsible for the payment of any state and local sales or use taxes that may apply to your order. The sales tax is calculated based on the full invoice price, and may include charges for shipping and handling, if required by law. By law, Projector Doctor must collect sales tax for orders SHIPPED to the states of Massachusetts or Michigan.
If you order by 3 p.m. Eastern Standard Time, the in-stock items ordered will be shipped that day (Monday through Friday delivery days) via ground transportation to most locations. Upgraded shipping services (Next Day, 2nd Day) are available at an additional charge. Projector Doctor may select an alternative shipper depending on the size and weight of your item. In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via the upgraded service and the backorder will ship via Ground service when stock is replenished. While Projector Doctor will make every reasonable effort to ship your orders within these time frames, Projector Doctor is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond Projector Doctor’s reasonable control. Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or this Web site caused by an event outside the direct control of Projector Doctor, including without limitation, power outages or attacks on this Web site such as by persons known as “hackers.”
8. International Shipments
Projector Doctor will ship via ground carrier to addresses within the contiguous 48 United States at no charge. Rush deliveries, AK/HI orders, and international shipments have additional charges. Consult your National Account Manager for details. The customer is responsible for payment of taxes, duties, tariffs and any other charges levied by government agencies. Payment must be made in full using a credit card or bank transfer at the time of shipment. Title and risk of loss of the products pass to the customer upon delivery at the “Freight Forwarder.”
9. Shipping & Handling (S & H) Charges
A S & H charge applies to all orders. Additional S & H charges will apply to orders shipped outside the 48 contiguous states and to orders shipped via upgraded services (Next Day, 2nd Day, etc). In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via the upgraded service and the backorder will ship via Ground service when stock is replenished. S & H charges, along with any charged Freight, are non-refundable in occurrences where Projector Doctor has made no error in merchandizing or shipping.
All products are sold “as is,” and Projector Doctor disclaims all warranties of any kind relating to the products or use thereof, express or implied, including warranties of merchantability, non-infringement, title or fitness for a particular purpose. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
11. Promotional Codes
Promotional codes are valid only during the time period stated in the offer, must be used at the time of purchase, and cannot be used on past orders. Only one promotional code can be used per order and cannot be combined with commercial pricing, clearance/discontinued items, or for the purchase of LED bulbs.
12. Limitation of Liability
To the maximum extent allowed by law, Projector Doctor shall not be liable for any special, consequential, exemplary or incidental damages (including lost or anticipated revenues or profits relating to the same), arising from any claim relating to these Terms and Conditions, this Web site, the catalog, product(s) or order(s), whether such claim is based on warranty, contract, tort (including negligence or strict liability) or otherwise. In no event will the collective liability of Projector Doctor exceed the amount you have paid to the company for the applicable order or product out of which liability arose. These limitations shall apply notwithstanding any failure of essential purpose of any remedy. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
If any provision of these Terms and Conditions are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms and Conditions and the validity of the remainder of these Terms and Conditions shall not be affected thereby.
14. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, applicable to contracts made, and to be enforced wholly within the Commonwealth of Massachusetts.
Any dispute or disagreement arising out of these Terms and Conditions, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Boston or Worcester, Massachusetts.
16. Jurisdiction and Venue
You and Projector Doctor (collectively the “Parties” individually a “Party”) irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms and Conditions must be brought solely and exclusively in the federal or state courts of the Commonwealth of Massachusetts located in the City of Worcester, Massachusetts, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
17. Waivers and Amendments
The waiver by either Party of any provision of these Terms and Conditions on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms and Conditions on any other occasion or upon any other circumstances. These Terms and Conditions may be waived or amended only in a writing signed by the Parties.