By accepting delivery of any product delivered from Komusa Technology ("Komusa"), you ("Customer") agree to be bound by the terms and conditions listed below. You and Komusa agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Komusa. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Komusa.

1. KOMUSA REFUND / REPLACEMENT GUARANTEE - Komusa offers our customers 15-days refund and 1-year replacement guarantee on all purchases, except:

We do not warranty for any misused product causing malfunctioning.

180 days replacement period for all MP3 players unless stated.

Special order items are non-refundable, we will replace / repair for the same exact item only.

7-day refund on CPU products. Refund does not applied to opened package CPU.

7-day period refund / 15-day replacement for RC cars.

10-day period refund / 30-day replacement for video game products including dance pads.

Shipping and Handling charge of $10 will be deducted for all free shipping items when returned for refund.

Any free shipping coupon code must be entered at the time of the purchase. We will not adjust any charge once the product is shipped.

Due to manufacturer's policies, Komusa cannot accept refunds or returns on All Software, Retail Boxed Processors, Notebooks, Blank Media Cartridges, Printer Cartridges, Minolta, QMS, Cisco, IBM, Sony, Intel, Tektronix, NEC and Hewlett Packard products. Defective merchandise can be returned to the manufacturer directly.

However, to take advantage of Komusa's return guarantee policy, Customer agrees to comply with Komusa's Product Return Procedure a set forth below. Any breach of Komusa's Return Policy Procedure will result in the loss of Komusa's replacement/return guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.

Product Return Procedure:

To return a product based upon Komusa's replacement/return guarantee, you must e-mail our Returns Department and obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Komusa will not accept returns without prior authorization and an RMA number. Once issued, RMA numbers are valid for 15 days within which Komusa must receive return products. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.

Customer is solely responsible for shipping any returned product to Komusa. Customer agrees to use only reputable carries capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, Komusa's Return Procedure will be breached and Komusa will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.

Komusa will not refund to Customer the original shipping charges. In addition, Komusa will assess a 15% restocking fee against the Customer's account on all non-defective returns for refund.

2. WARRANTIES

Komusa is a distributor only. Komusa does not manufacture products sold. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). Komusa assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. KOMUSA MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. KOMUSA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

3. LIMITATION OF LIABILITY

IN ALL CIRCUMSTANCES KOMUSA'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. KOMUSA 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. KOMUSA SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT KOMUSA IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

4. GENERAL TERMS AND CONDITIONS

Payment Terms; Orders: An order is not binding upon Komusa until it is accepted; Komusa 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, wire transfer, or some other method prearranged with Komusa. 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.

Back Orders: Any items that are unavailable will be placed on back order, and the remainder of your order will be shipped. Please check our web site for the back ordered item's estimated time of arrival. Please note that these dates are "estimates" and not guaranteed to arrive on that date.

Sales Tax: Sales tax is only required for orders shipping within our resident states of business. Therefore, all orders shipping within California will be charged the sales tax rate of 8.25% for the merchandize less shipping.

Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the Komusa invoice. Please note that all shipping charges are not refundable under any condition.

Price Protection: Our website is updated frequently to ensure that you'll view the latest products and pricing available, and that you receive all of the latest savings. At the time you make a purchase you agree to the listed price. We are unable to make a price adjustment after an order has shipped.

OEM vs. Retail: The retail and OEM versions usually will have the same exact product, however the retail version usually will come with bundled software, retail packaging, and more bells and whistles so to speak. OEM (Original Equipment Manufacturer), White Box, Brown Box versions will come with the actual product and usually the drivers, no special packaging or software. Occasionally the retail version will accompany a longer warranty.

Title; Risk of Loss: Komusa will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. Komusa reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Komusa to sign appropriate documents on Customer's behalf to permit Komusa to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Komusa will advise Customer of estimated shipping dates, but Komusa will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction: Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Komusa and Customer shall be governed by the laws of the State of California, 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. Komusa and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of California, Los Angeles 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 agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Komusa that is more than one year after the date of the applicable invoice.

Sever ability: 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 California 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.