Untitled Document

AAI Computers Policy and Agreement

Price, specification, and terms are subject to change without notice. AAI Computers is not responsible for errors in typography and/or photography. All parts come with original manufacture warranty and free technical support. Customer pays return shipping on all service.
AAI Computers accepts the following Payment Methods:
• Visa
• MasterCard
• American Express
• Prepaid Company Check, Personal Check, Cashier Check or Money Order
Sorry, No International Credit Card.

AAI Computers offers the following shipping methods:
• UPS Ground
• UPS Three Day Select
• UPS 2nd Day Air
• UPS Next Day Air Saver
• UPS Next Day Air
• UPS Next Day Air Early AM
Sorry, No International shipment.

Sales Tax
Sales tax is only required for orders shipping within our resident state. Therefore, all orders shipping within Texas, will be charged the applicable sales tax according to your county.

Price Matching / Price Policy
Under occasional sell program, we may offer price matching. For your convenience, all of our most current and lowest pricing is posted on our web site daily. Prices are not negotiable.

Mail-in Rebates
For your convenience, AAI Computers does it's best to advertise any current rebates on our web site. The prices listed on our web site do not include the rebate savings. Any use of these rebates is limited to any terms or conditions as determined by the manufacturer. If you have any questions regarding the rebate terms & conditions, please contact the manufacturer directly.

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.
Suggestion: Check out the manufacturer's website, to see what all is included.

"Bare Drive" or "Bare Card"
These items come exactly as they are described. You will only receive the bare drive or the bare card. These items are brand new, however they are purchased in bulk, and will not accompany any documentation, software, or accessories.
Suggestion: Most drivers and documentation can be downloaded from the manufacturer's web site.

"Must be purchased with Hardware"
These items may not be purchased by themselves, and must be purchased with another item from our store. Any item in our on-line store will be sufficient. There are no minimum dollar requirements or specific hardware requirements.

Money Back Guarantee
All items except otherwise mentioned, may only be exchanged within 10 days from the original invoice date. CPU and memory must be returned within 7 days from the date of receipt. A return authorization number is required for all returns.
15% restocking fee will apply. Additional deduction will be made for CPU.

Due to manufacturer policies, all Software, Retail Boxed Processors, Notebooks, Blank Media Cartridges, Routers, Compaq, IBM, Sony Digital Cameras, and Hewlett Packard products are non-returnable.

Restocking Fee
A 15% restocking fee will be applied to all returns for refund. Shipping charges are non-refundable. No refund after 30 days.

Technical Assistance
For most product, please contact the original manufacturer for assistance. AAI Computers provides tech support on its custom built system and/or technical services only.

Processing Time
You can expect your order to be processed within approximately one "business" day, provided the items are in stock and there are no problems with the payment verification. AAI Computers does not guarantee same day shipping. Orders will not be processed on weekends and holidays.

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. Your order will be promptly shipped as soon as the product arrives. No additional shipping fees will be charged.

Order Status
AAI Computers Parts will do everything possible to keep you informed of your order via e-mail. Your tracking number will be emailed to you once the item is shipped. You may also check online status page for live updates.

Security
Whether you are placing an order by phone or the internet, security is our number one priority. All on-line transactions are sent through our secure server, and encrypted with 128-bit technology. Once the information is received through the internet or by phone, trusted authorized employees will process your payment, and make sure that your information is handled with the highest level of security.

Privacy
AAI Computers Parts respects your privacy. We will not under any circumstances sell or release your information to anyone. All of the information obtained from our web site, will be used for processing purposes only. The only e-mail you will receive from AAI Computers Parts, are updates to any recent orders.

Change Orders
You may request a change to your order, provided your order has not already been processed and shipped. Please call during business hour to change your order. Please always have your order number ready.

Cancel Order
You may request a cancellation of your order, provided your order has not already been processed and shipped. Please call during our business hour to cancel your order. If your account has already been charged, you will receive a credit back to your account within approx. 1-2 business days.

Resellers
We do have a reseller or discount program available. You need to call us we will provide you with a login account which will allow you to access special program and pricing on our website.

AAI Computers Purchase Agreement
By accepting delivery of any product delivered from AAI Computers ("AAI Computers "), you ("Customer") agree to be bound by the terms and conditions listed below. You and AAI Computers agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and AAI Computers. 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 AAI Computers.
Terms and Conditions
AGREEMENT made between DN Enterprise Inc., a Texas corporation with offices at 3726N.W. Loop 410, San Antonio,Texas, 78229, providing a service called AAI Computers, and the person whose membership number and access code was entered to access AAI Computers ("You").

WITNESSETH:

1.SERVICE -
a. The service which AAI Computers shall provide to you during the term of the membership shall include:

i. computer access to product information and prices and to order merchandise through AAI Computers 's independent vendors;

ii. Automatic extension of the manufacturer's U.S. warranty to two years from the original purchase date on eligible products purchased through our direct online service.

iii. Low Price Guarantee: If you see a dated, printed advertisement from an authorized dealer showing a lower price for exactly the same item you purchased from AAI Computers within 60 days of your purchase (15 days for computer products and digital cameras), you are entitled to a refund for the difference in price - plus 100%! (Example: If you buy a product for $100 and find the product elsewhere for $90, AAI Computers will give you a check for $20.00). Also, if we lower our own prices within 60 days of your purchase (15 days for computer products and digital cameras), on exactly the same item that you purchased from AAI Computers, we will gladly refund the difference between the old and new prices. "Exactly the same" means an item with the same model number, manufacturer's U.S. warranty and accessories as the one you bought from AAI Computers. The advertised, lower-priced model must be from an authorized dealer for that product. Pagers, cellular phones, motorized vehicles, demonstration models, items purchased at limited sales, one-of-a-kind items, food products and collectible items are excluded as are items purchased in the Books, Music, Flea Market, and NetGrocer areas. A dated print ad from a retailer, URL, or printout must be submitted. Only these items will be considered as proof for the refund. We reserve the right to limit sales and benefits (including Low Price Guarantee) to resellers. Calculation of the amount of your check will take into account sales tax and shipping. Please allow 2 weeks for response to your claim. Details on obtaining a refund are included in the Low-Price Guarantee.

iv. Member Savings is determined by calculating the difference in price when shopping as a member versus a non-member. We compute Member Savings by subtracting member price from non-member price. The pricing difference is the savings you will receive by shopping as a member.

b. AAI Computers shall be your agent for the purpose of executing orders on your behalf for products and services ordered by you. AAI Computers shall not be deemed a merchant, vendor, manufacturer, or supplier of any product or service ordered by you and at no time does title to any such product or service pass to AAI Computers. AAI Computers shall be entitled to a commission on each order placed on your behalf equal to the difference between the purchase price quoted to and accepted by you for the merchandise or service and for the amount actually paid by AAI Computers to the vendor.

c. Cancellation and Return of Orders.
i. Upon request to cancel a merchandise order on your behalf, AAI Computers will promptly refund any money deposited with AAI Computers for that order, provided that the product ordered:
· Has not yet been received by the vendor;
· Has not yet been shipped to you by the vendor;
· Or the service ordered has not yet been performed for you.
· In the event that the order has been processed, the shipment has been sent or performance has occurred, AAI Computers will use its reasonable efforts to seek a refund from the vendor involved on a case-by-case basis. Products will be deemed acceptable by you unless AAI Computers is notified of your dissatisfaction with the delivered product within (30) working days of the time you receive it.
· Computers and certain product may have different merchant rules applied. Simply call a customer satisfaction representative at 210-375-1336 to receive return instructions. To avoid a restocking charge, please return your merchandise in the original box and packing, including all the accessories and the owner's manual. Do not destroy or discard packaging for 30 days. The value of missing accessories will be deducted from the credited amount of a return. Some personalized items, opened personal care, domestics pierced earrings or computer software items, computer disks, printer cartridges, phone cards and special order merchandise are not returnable. Certain merchandise may require manufactures service first before the return is allowed.

d. AAI Computers reserves the right to change the terms and conditions of this Agreement and any membership policies at any time without notice. AAI Computers may cancel this Agreement upon written notice and refund of the current-term's membership fee.

2. WHO MAY USE-You, and immediate members of your family living in your household, may use AAI Computers on your or their behalf. You shall be responsible for all use of your membership number and shall notify AAI Computers immediately of any unauthorized use of your membership number or if you believe that the membership number may have been lost or stolen. You shall continue to be responsible for all use of your membership number, including all charges to your account, until you provide AAI Computers with such notice. You agree to indemnify AAI Computers and hold AAI Computers harmless from and against any claim, loss, or liability (including reasonable attorney's fees) arising from the violation by you or by anyone using your account, subject to existing law of any third-party rights, including, but not limited to, copyright infringement, privacy or proprietary rights.

3. CONFIDENTIALITY-All information and software provided through AAI Computers is and shall remain the sole and exclusive property of AAI Computers. You shall not publish, broadcast, retransmit, or otherwise reproduce, the information or software in any medium. Any violation of this restriction is an infringement of copyright or proprietary rights in the information and software.

4. LIABILITY - AAI Computers shall have no liability to you as a seller of any products or vendor services, including, without limitation, any liability for any defective products. AAI Computers MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR INFORMATION DELIVERED OR PROVIDED TO YOU, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND AAI Computers SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. AAI Computers’ LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF THE AAI Computers MEMBERSHIP FEE.

5. GOVERNING LAW: ARBITRATION-This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut. Any dispute arising between you and AAI Computers will be submitted to arbitration in the State of Connecticut in accordance with the rules of the American Arbitration Association then in effect. Nothing shall deprive you of the benefits of your state's consumer protection laws.

6. MEMBERSHIP FEE-The current annual membership fee will be billed to your designated credit card account on the terms described. The amount of future membership fees will be established by AAI Computers within its discretion and without notice.

7. RIGHT TO CANCEL MEMBERSHIP —You have the right to terminate this Agreement at any time. You may cancel this Agreement by calling 1-210-733-0213 (9am - 5pm Mon.-Fri. or 9am -4pm Sat. CT) or writing to AAI Computers, 3726 N.W. Loop 410, San Antonio, TX 78229. Attention: Membership Department. If you cancel this Agreement during your trial period, you will not owe any annual membership fee; otherwise, your annual membership fee will be automatically billed to your designated card account. If you discontinue your membership at any time after the trial period, you will receive a full refund of your membership fee for that annual period if you cancel during the first 30 days of your membership term. Thereafter, you will receive a refund of the full unused portion of your membership fee. You will remain liable for any other fees or charges to be paid pursuant to this Agreement.

8. RENEWALS- Unless you notify AAI Computers that you do not wish to renew your membership, AAI Computers will automatically renew your membership at the end of each term and bill the then-current renewal fee to the card your original membership fee was billed to, or to the card we currently have on our files without your having to do anything further.
Privacy
AAI Computers. ("AAI Computers ") has created this privacy statement in order to demonstrate our firm commitment to our visitors' and customers' privacy. The following discloses our information gathering, use and dissemination practices for www.aaicomputers.com, and other AAI Computers related web sites.
1. Who We Are
DN Enterprise Inc.
Address: 3726 N.W. Loop 410
San, Antonio, TX 87229
Telephone: 1-210-733-0213
Customer service e-mail: support@aaicomputers.com
2. Personal and Non-Personal Information
When visiting the AAI Computers web site and other AAI Computers related sites, in order to join, make a purchase, register to use certain services, enter a contest, respond to a survey or update your information you may be asked to provide certain personally identifiable information about yourself, such as your name, e-mail address, physical address, telephone number, date of birth, mother's maiden name or social security number. For purchases, we require a name, physical address, telephone number, and credit card number. You may review and revise any personal information we have about you by sending a request to support@aaicomputers.com or calling 1-210-733-0213.

We use personal information provided on order forms to fulfill orders and to contact a purchaser when necessary, such as when a delivery may be delayed or when an ordered product is out of stock. AAI Computers may also use this information to notify consumers about new products or services and special promotions offered by AAI Computers or any of its affiliates. We do not sells, trade or rent your personal information to unaffiliated third parties.

We may choose to do so in the future with trustworthy unaffiliated third parties, but you can tell us not to by sending an email to support@aaicomputers.com with the subject line "Privacy Policy." Please include your User Name and the words "block from third parties."

If you do not want to receive future promotional information from AAI Computers or any of its affiliates, you may let us know by sending an email to support@aaicomputers.com, with a "Privacy Policy" subject line. Please include your User Name and the words "block from AAI Computers and affiliates.

AAI Computers will never share your credit card information with an unaffiliated third party without your consent.

We may also request non-personally identifiable information, such as annual income, buying preferences, or your age, also known as demographic and profile data, though this information is optional. We may use this data to improve and enhance your experience on the AAI Computers web sites. For example, we may use certain preferences you provide to tailor your experience at our site, such as showing you content and sending you notice concerning merchandise and services that may interest you. We may also share this information with others, such as advertisers interested in advertising on the AAI Computers web sites, in aggregate, anonymous form, which means that the shared information will not contain nor be linked to any personally identifiable information about you or any other person.
3. Cookies
"Cookies" are pieces of information that may be placed on your computer by a web site for the purpose of facilitating and enhancing your communication and interaction with that web site. Almost all web sites use cookies for these purposes.

We may use cookies (a) to customize your visit to the AAI Computers web site and your shopping experience, (b) to deliver content consistent with your stated interests and the manner in which you browse and/or buy on our site, (c) to save your password (if you have registered with us) so you don't have to re-enter it each time you visit our site, and (d) for other purposes to make your visit more convenient.

At times, some of our advertisers or their ad serving and tracking providers may set cookies when you select their ad banner and some of our content providers or partners may also set cookies when you visit those portions of our site over which they have control. We do not receive the data collected by those cookies. In addition, we reserve the right to supplement the cookie data which we collect from you with information collected by cookies set by third parties in order to understand how you use the Internet and what products are of interest to you. The information that we receive from these third parties is only aggregate, non-personally identifiable information.

You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our site, but it may interfere with some of its functionality. AAI Computers does not use cookies to retrieve information from your computer for purposes that are unrelated to the AAI Computers web site or your interaction with the AAI Computers web site.
4. Internet Protocol (IP) Address
we may use your IP address to help diagnose problems with our server and to administer our web site. Your IP address may also be used to help identify you and your shopping cart for the duration of a session and to gather broad demographic information. Your IP address will never be linked to any personally identifiable information unless you are in the process of making a purchase, in which case the link between this information will terminate upon your final purchase.
5. Clickstream
as you use the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a web site's server. Clickstream data can tell us the type of computer and browsing software you use, the address of the web site from which you linked to the AAI Computers web site, and, in some instances, your e-mail address. We may use clickstream data to determine how much time visitors spend on each page of our site, how visitors navigate throughout the site and how we may tailor our web pages to better meet the needs of visitors. This information will only be used to improve our web sites. Any collection or use of clickstream data will be anonymous and aggregate, and will not contain any personal information.
6. Consent to Processing
by providing any personal information to this site, you fully understand and unambiguously consent to the collection and processing of such information in the United States.
7. Other Sites
Our sites may contain links to other sites. Other sites may also reference or link to our sites. AAI Computers is not responsible for the privacy practices or the content of such other sites.
8. Security
Securing your personal and non-personal information is very important to us. We attempt to provide for the secure transmission of your information from your PC to our servers by utilizing encryption software. However, due to the inherent open nature of the Internet, we can not guarantee that communications between you and AAI Computers, and AAI Computers and you, will be free from unauthorized access by third parties, such as hackers. Only those AAI Computers employees who need access to your information in order to perform their duties are allowed such access. Any employee who violates our privacy and/or security policies may be subject to disciplinary action, including possible termination and civil and/or criminal prosecution.
9. Your Acceptance of this Policy
by using this site, you signify your assent to our Privacy Policy. If you do not agree to this policy, please do not use our site. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Your continued use of our site following the posting of changes to these terms means you accept these changes.

1. AAI Computers SATISFACTION GUARANTEE - AAI Computers offers our customers a 10-day exchange/replacement on all purchases, except:
· 7-day exchange/replacement guarantee on all CPU/Memory products and refurbished computer products 1.
· Note: For CPU, base cost will reflect current market price, and 15% restocking fee will apply after this adjustment. Therefore, total refund is base cost subtract restocking fee.
· There is no replacement or refund guarantee of any kind for any retail package processors, routers, software, blank media cartridges, or any specially ordered items. There is likewise no replacement or refund guarantee covering any product that is affected by any "Year 2000" compliance problem.

However, to take advantage of AAI Computers’ return guarantee policy, Customer agrees to comply with AAI Computers’ Product Return Procedure a set forth below. Any breach of AAI Computers’ Return Policy Procedure will result in the loss of AAI Computers’ 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 AAI Computers’ replacement/return guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Please use this link to file for RMA: All RMA must be filed online. AAI Computers will not accept returns without prior authorization and an RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by AAI Computers. 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 AAI Computers. Customer agrees to use only reputable carriers 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, AAI Computers’ Return Procedure will be breached and AAI Computers will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.
· AAI Computers will not refund to Customer the original shipping charges. In addition, AAI Computers will assess a 15% restocking fee against the Customer's account on all returns for refund.

2. WARRANTIES

AAI Computers is a distributor only. Products sold by AAI Computers are not manufactured by AAI Computers. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). AAI Computers 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. AAI Computers MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. AAI Computers 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. YEAR 2000 POLICY
Customer's only recourse for any "Year 2000" issue is as against the applicable manufacturer under its manufacturer warranty. Please contact the manufacturer to determine warranty coverage for "Year 2000" compliance problems. AAI Computers DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO "YEAR 2000" COMPLIANCE OF ANY PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARICULAR PURPOSE. THE RETURN POLICY OUTLINED ABOVE DOES NOT APPLY TO "YEAR 2000" COMPLIANCE PROBLEMS.

4. LIMITATION OF LIABILITY

IN ALL CIRCUMSTANCES AAI Computers’ MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. AAI Computers 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. AAI Computers 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 AAI Computers IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
5. GENERAL TERMS AND CONDITIONS

Payment Terms; Orders: An order is not binding upon AAI Computers until it is accepted; AAI Computers 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 AAI Computers. 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.

Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the AAI Computers invoice.

Title; Risk of Loss: AAI Computers 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. AAI Computers reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow AAI Computers to sign appropriate documents on Customer's behalf to permit AAI Computers 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. AAI Computers will advise Customer of estimated shipping dates, but AAI Computers 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 AAI Computers 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. AAI Computers 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 agrees not to bring any legal action, based upon any legal theory including contract, tort, and equity or otherwise, against AAI Computers that is more than one year after the date of the applicable invoice.

Severability: 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.

Entire Agreement: These terms and conditions, together with the AAI Computers’ invoice respecting the products ordered by Customer, are the complete and exclusive agreement between AAI Computers and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between AAI Computers and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

1 Refurbished products are products that contain components that have been owned by other clients and returned to AAI Computers.