1. CONDITIONS OF USE OF THIS SITE. By accessing Primera Technology, Inc. at www.primera.com (Site) you are indicating your acceptance of these Conditions of Use.
1.1 Primera accepts no liability for errors that may occur in the information contained on this Site. Primera reserves the right to change the Site content at any time without notice and to terminate or otherwise revoke offers made through the Site. Primera has no control over and accepts no responsibility for information you may receive from sites that may be linked to the Site. Primera will not be liable for any damages of any kind relating to or arising from the use of the Site, including any direct, indirect, special, incidental, consequential and punitive damages. Some jurisdictions do not allow limitations of this kind so these limitations may not apply to you. These Conditions of Use and all other matters associated with this Site and transactions related hereto shall be governed by the Laws of the State of Minnesota.
1.2 Delivery Area. Unfortunately, orders for delivery outside the continental United States cannot be accepted by Primera. To order for delivery outside the United States refer to these Primera suppliers. https://www.primera.com/other-countries
1.3 Order Status. Some items on our website are not regularly stocked. Availability on these items will show as Currently Backordered. To check the status of an order, log in and visit the "My Orders" page in the My Account section of this website. Your items may be grouped into multiple packages, but will show updated tracking information as it becomes available. Orders without tracking information may include stock exceptions like special orders or back orders which require more time to process."
2. TERMS AND CONDITIONS OF SALE. By placing an order at www.primera.com you agree to these terms and conditions of sale. If payment is not made within specified terms, net account may be changed to prepay without notification. An interest charge of 1-1/2% per month, or the maximum allowed by law, may be applied to all past due invoices. A $25 charge will be assessed for any returned checks. If account is placed for collections, customer is responsible for all attorneys' fees and court costs, regardless of whether lawsuit is filed. No goods may be returned without Primera's authorization. A restocking fee up to 25% may apply for some returned items. No refund on open/used supplies. Original shipping charges will not be refunded for returned product. Claims for damages or shortages must be made within 10 days of receipt of goods. Not responsible for delays due to inclement weather.
These items are controlled by the U.S. government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. Where reseller is deemed the WEEE “producer” of the products within the meaning of any laws and regulations or other statutory instruments, reseller is responsible for the to comply with all requirements of all respective local and national laws related to this obligation. Customer is responsible for compliance with all applicable local and national product and environmental legislation, including but not limited to, Waste Electronic and Electrical Equipment (WEEE) Directive, Batteries Directive, Packaging Directive.
2.1 Order Cancellation. Orders can be cancelled within 30 minutes of placing your order. Please contact sales at 763-475-6676 to do so.
2.2 Shipping Policy.
2.3 Return Policy.
2.4 Warranty Policy.
2.5. Limitations on Warranties and Remedies.
EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED IN PARAGRAPHS 2.4 AND 2.5 AND IN LIEU OF ALL OTHER WARRANTIES, THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ANY WARRANTIES UNDER THIS AGREEMENT EXTEND, IN WHOLE OR IN PART, TO ANYONE OTHER THAN THE PURCHASER.
PRIMERA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATING TO PRIMERA'S PRODUCTS OR THIS AGREEMENT OR THE PERFORMANCE
OR A BREACH THEREOF, EVEN IF PRIMERA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PRIMERA'S LIABILITY, IF ANY, SHALL NOT EXCEED THE TOTAL AMOUNTS PAID TO PRIMERA FOR A DEFECTIVE PRODUCT. PRIMERA SHALL NOT BE LIABLE FOR THE INTEGRITY AND/OR LONGEVITY OF ANY TEXT, PHOTOGRAPHIC IMAGES, DIGITIZED IMAGES, GRAPHICS, PATTERNED OVERLAYS, BAR CODES, OR COMBINATION THEREOF, THAT ARE PRODUCED, GENERATED, OR OTHERWISE TRANSFERRED TO DISCS BY THE USE OF PRIMERA’S PRODUCTS OR SOFTWARE, NOR IS PRIMERA LIABLE FOR THE INTEGRITY, VIABILITY, OR LONGEVITY OF THE DATA ENCODED ON THE DISC.
THE REMEDIES SET FORTH IN THIS AGREEMENT ARE THE SOLE AND
EXCLUSIVE REMEDIES AVAILABLE TO ANY PERSON FOR ANY DAMAGES OF ANY KIND AND NATURE INCLUDING INCIDENTAL, CONSEQUENTIAL OR SPECIAL, WHETHER ARISING FROM WARRANTY (INCLUDING ANY IMPLIED WARRANTIES), CONTRACT, NEGLIGENCE, TORT OR OTHERWISE.
IN THE EVENT ANY IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE FOUND TO EXIST, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD OF THE WARRANTIES CONTAINED IN THIS AGREEMENT.
Some jurisdictions do not allow for these limitations, so the above limitations may not apply to you.
2.6 Software License. By opening software delivered by Primera you accept the terms of the license appearing on the outside of the package. The software license is as follows:
A. Primera Technology, Inc. (“Primera”) gives you the right to use one copy of the enclosed Primera software (“Software”) with a single Primera printer on a single computer terminal connected to a single computer or on a single computer network. This license also authorizes you to create and use an extra copy of the software on a home or laptop computer, as long as the extra copy is never loaded in memory or virtual memory (“loaded”) at the same time the software is loaded on the primary computer on which you use the software.
B. The software is owned by Primera and is protected by United States copyright laws and international treaty provisions. You must treat the software like any other copyrighted material except that you may either (I) make one copy of the Software solely for backup or archival purposes. You may not copy the written materials accompanying the Software.
C. You may not rent or lease the Software, but you may transfer the Software and the accompanying written materials on a permanent basis provided that you retain no copies and the recipient agrees to the terms of this Agreement.
2.7 Dispute Resolution.
If a dispute between you and Primera cannot be resolved, prior to filing suit, it is agreed the dispute will be submitted for mediation to the offices of U.S. Arbitration and Mediation of Minnesota (USAM) in Minneapolis, Minnesota before filing suit. USAM shall provide a list of five (5) potential mediators who are experienced in the area that is under dispute. Each side shall select three of the mediators from the list provided by USAM and designate those three as acceptable. Any mediator selected by both parties may be used for the mediation. The parties and the mediator shall set a date not later than twenty five (25) days after the selection of the mediator for the first meeting to resolve the dispute. Each side will send a representative with full authority to settle the dispute. The mediation process outlined above shall be considered as settlement negotiations for the purpose of all Federal and state rules protecting disclosures made during such conferences from later discovery or use in evidence. The cost of the mediator shall be borne equally by both parties unless otherwise agreed during the course of the mediation.
Both you and Primera consent to the jurisdiction of the State and Federal Courts of Minnesota for purposes of resolving any dispute which is not otherwise fully resolved by other provisions of this Agreement. Each party consents to the in personam jurisdiction of such courts for the purpose of any action or proceedings. The parties agree that the proper and exclusive venue for resolving disputes related to this Agreement shall be in the County of Primera's principle place of business.
Primera is a registered trademark of Primera Technology, Inc. Bravo, Signature, and Impressa, are trademarks of Primera Technology, Inc. All other trademarks are the property of their respective owners.
® 2019, Primera Technology, Inc. All rights reserved.