Terms and Conditions for Customers
These are the Terms and Conditions (“Agreement”) of ProNetwork LLC regarding the sales of products, goods, merchandise, or services (“Products”) to its Customers. Customers of ProNetwork LLC, agree, to the terms and conditions that have been set forth below, by entering into a business transaction with Pro Network LLC, either by providing a purchase order to Pro Network LLC or by Customer accepting a product sold to it from Pro Network LLC, whichever occurs first. These terms and conditions, as published on Pro Network LLC’s web site located at: http://pronetworkus.com at the time of sale, are the official terms and conditions of sale between Pro Network LLC and Customer and may be amended from time to time without notice at Pro Network LLC’s sole discretion.
In terms of NEW products, ProNetwork warrants that it sells 100% original products in sealed boxes but is not responsible for any mismatch in the boxes which occur because of the manufacturer or supplier’s actions/ mistakes.
In terms of liability for USED products, ProNetwork LLC guarantees that products are tested and working condition unless it is stated ‘As it is’ in Pro Network’s commercials or its web site.
Return Policy: “AS-IS” items have no warranty and do not qualify for refunds or exchanges. A 20% Re-stocking fee will be applied if the customer is changing or canceling order after either payment or shipment of the product.
Damaged or DOA items will be fully or partially refunded in accordance with the Customer’s wishes.
Undamaged items may be returned within 14 days of Customer’s receipt, but the buyer is responsible for shipping both ways and the item must be in original condition to be eligible for a refund.
Any issues clearly stated in the description will not be grounds for a full refund so please review the specs carefully before buying. We do not grade the condition of items due to the subjective nature, and as such, please refer to the pictures for the exterior condition of the item. Used items will almost always show signs of wear like scratches and scuffs and will not be noted unless it affects the normal use of the item.
Any artificial damaged products are nonreturnable. Any product that SMARTnet service covered in buyer’s local region is nonreturnable. Returned products shall be sent back in the original boxes and packaging including all documents and accessories. Pro Network LLC will impose a fee of minimum 20% value of product if an item is returned without the necessary packaging and accessories. No free replacement or refund can be claimed after 7 days of receipt of shipment except DOA or SMARTnet covered in US region products within 90 days of receipt of shipment. All no-free returns
Limitation of Liability: PRO NETWORK LLC SHALL NOT BE LIABLE TO CUSTOMER, CUSTOMER’S CUSTOMER OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, OR INJURY THAT RESULTS FROM THE USE OR APPLICATION BY CUSTOMER, CUSTOMER’S CUSTOMER, OR ANY OTHER PARTY, OF PRODUCTS DELIVERED TO CUSTOMER, UNLESS THE LOSS OR DAMAGE RESULTS DIRECTLY FROM THE INTENTIONALLY TORTIOUS OR FRAUDULENT ACTS OR OMISSIONS OF PRO NETWORK LLC. IN NO EVENT SHALL PRO NETWORK LLC BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR LOSS, DAMAGE OR INJURY OF ANY KIND OR NATURE ARISING OUT OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY PERFORMANCE OR NON-PERFORMANCE UNDER THESE TERMS AND CONDITIONS BY PRO NETWORK LLC OR ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS ACTUALLY DELIVERED TO ANY PAID FOR BY CUSTOMER. PRO NETWORK LLC SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, GOOD WILL OR OTHER ECONOMIC LOSS. PRO NETWORK LLC SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY OR HOLD HARMLESS CUSTOMER FROM AND AGAINST ALL DAMAGES AND COSTS INCURRED BY CUSTOMER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OF THE PRODUCTS DELIVERED BY PRO NETWORK LLC TO CUSTOMER.
Compliance with U.S. Export Laws: If Customer delivers the products to a purchaser outside the United States, Customer acknowledges and shall advise its purchaser that the products may be controlled for export by the U.S. Department of Commerce or Department of State and may require authorization prior to export from the United States or re-export. Customer agrees that it will not export or re-export the products in violation of any export control laws or regulations of the United States. Customer warrants that it will not export or re-export the products, directly or indirectly, to embargoed countries or to companies or individuals listed on the Prohibited Parties or Prohibited Destinations Lists published by the Department of Commerce’s Bureau of Industry and Security. In addition, any goods, software and technology subject to this agreement may not be sold, exported or re-exported or transferred to an end user engaged in activities related to weapons of mass destruction. Such activities include but are not necessarily limited to activities related to: (1) design, development, production, or use of nuclear materials or nuclear weapons; (2) the design, development, production, or use of missiles or support of missiles projects: (3) design, development, production, or use if chemical or biological weapons.
Patent and Trademark Indemnity: Pro Network LLC SHALL HAVE NO DUTY TO DEFEND, IMDENIFY, OR HOLD HARMLESS CUSTOMER FROM AND AGAINST ANY OR ALL DAMAGES AND COSTS INCURRED BY CUSTOMER ARISING FROM THE INFRINGEMENT OF ANY PATENTS OR TRADEMARKS OR THE VIOLATION OF COPYRIGHT PERTAINING TO THE PRODUCTS.
Warranty: Product warranties, if any, are provided by the manufacturer of the products; Pro Network LLC makes no warranties whatsoever. Pro Network LLC’s sole obligation and Customer’s sole remedy in the event of breach of any warranty shall be repair or replacement of defective products. IN NO EVENT SHALL PRO NETWORK LLC BE LIABLE FOR CONSEQUENTIAL DAMAGES OR ANY DAMAGES ALLEGED TO HAVE RESULTED FROM BREACH OF WARRANTY. PRO NETWORK LLC DOES NOT WARRANT THE MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE. PRO NETWORK LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN THOSE SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS.
Binding Effect:/Assignment: These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, successors and permitted assigns. Neither party may assign its rights and/or duties under these terms and conditions without the prior written consent of the other party given at the other party’s sole option. Any such attempted assignment shall be void.
No Waiver: Failure or delay of Pro Network LLC to exercise a right or power under these terms and conditions shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
Partial Invalidity: In any provision of these terms and conditions shall be held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Compliance with U.S Anti Money Laundering Laws: Pro Network LLC adheres to U.S anti-money laundering laws, including the U.S Bank Secrecy Act and the U.S Patriot act , in connection with any payment for goods or services purchased from company.
Customer certifies that as a condition of doing business with ProNetwork LLC that it (and all of its employees and agents) complies with all U.S anti money laundering laws, including the U.S. Bank Secrecy Act and the U.S. Patriot Act in connection with any payment or transfer of funds for goods and services.
Customer certifies that any payment or transfer of funds to Pro Network LLC for goods and services sold by Pro Network LLC is not in violation of U.S or foreign currency laws.
Customer agrees that it shall not make any direct deposit of funds into Company’s account in cash or any form of cash equivalent. (e.g., personal check, cashier ‘s check, certified checks, western union, moneygram, AMEX/traveler’s check).
Customer agrees to strictly follow ProNetwork LLC policies and procedures in remitting payment. Any change in payment method must be approved in writing by ProNetwork LLC’s before any order is fulfilled; noncompliance shall result in delay or cancellation of any pending transaction.
Customer agrees not to make any payment or wire transfer of funds for goods and services or other deposit into Pro Network LLC’s account from an account in the name of a third party to the transaction without prior review and approval by the Pro Network LLC.
Customers will have their identities checked against the OFAC and BIS database (U.S. Office of Foreign Asset Control and Bureau of Industry & Security) and periodically re-checked against updated lists.
Any change of ownership must be informed in writing within 5 business days
Any change of address must be noted in writing within 5 business days
Customer acknowledges and agrees that payment by any means except as pre-approved by Pro Network LLC in its sole discretion is subject to rejection and that ProNetwork LLC may file appropriate reports of any financial transactions with the U.S. Dept. of the Treasury and other governmental agencies when required under U.S. law.
Customer agrees to provide all information and to execute all documents as may be necessary or required by Pro Network LLC to document compliance with U.S anti money laundering laws. This includes but is not limited to the third party payment forms attached hereto for international and domestic transactions.
Choice of Law/Forum: Customer agrees that any action or proceeding brought by any party to enforce these Terms and Conditions shall only be brought in a state or federal court located in Miami-Dade County, Florida, U.S.A. This Agreement shall be governed by the law of the State of Florida to the exclusion of all other laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms and conditions. Customer agrees to submit to the personal jurisdiction of any federal or state court in Miami-Dade County, Florida, U.S.A. and waives any defense to the personal jurisdiction of those Courts. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to an award or reasonable attorney’s fees and costs against the non-prevailing party.