General Terms and Conditions

The customer’s use of the UTI MALL web site (the "Site") and our services, including phone orders and inquiries, is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this site or submitting an order for products or services, the customer indicates their acceptance of, and agreement to be bound by, the terms and conditions set forth below. If the customer does not agree to these terms and conditions, the customer is asked not to use this site and not to submit any orders for products or services. The terms and conditions posted on this website, including the RMA policy, are public information and must be adhered to by anyone doing business with UTI MALL unless there is a written contract signed by an officer of UTI MALL

UTI MALL uses the services of third party contractors who update our website. While we do our best to keep the information on our website as accurate as possible, we are not liable for mismatched product pictures or mistakes in product information. UTI MALL only guarantees that the products named on the invoice will be shipped. Any additional provisions to a purchase must be described in writing. Our sales representatives are not authorized to make any claims about products or services, especially over the phone. 

Customer shall agree that each item in a multi-item purchase from UTI MALL shall be treated independently unless stated otherwise in the memo section of the order. That is, defect, replacement, and cancellation of one item does not constitute the voiding of the entire purchase. Each item shall be considered independently for warranty or refund purposes unless the customer has stated otherwise in the invoice memo. 
Customer shall agree that under absolutely no circumstances will shipping be refunded once we ship.  

It is the customer's responsibility to look over their email confirmation and make sure all shipping, billing and items purchased are correct. If customer does not get an email confirmation, customer must call UTI MALL to see if the order went through. Customer is advised to not submit multiple orders or customer will end up paying full restocking and shipping fees!  Order cancellation will be accepted by phone from a sales representative or over the web (only before the order is processed). It cannot be done over email or by leaving voice mails. The customer can confirm an order cancellation by checking the order’s status online. Cancellation of orders already charged will incur a $10 + 5% credit card processing handling fee. Shipped orders cannot be canceled under any circumstances.  

Material fees for boxes, transportation, etc. are included in the shipping fee with the exception of shipping insurance and are calculated on per shipment basis. Customers shall not be liable for additional shipping charges for purchases that UTI MALL chooses to ship in multiple packages unless customer requests and agrees to shipping upgrades and upgrade fees.

Customers shall agree that UTI MALL will not be liable for shipper's shipping delays. In such cases, customers may petition for a shipping rate adjustment if packages do not arrive within the shipping company's promised timeframe but in no way is UTI MALL required to do so. 

Trademarks

All trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between UTI MALL and these companies.

Making Purchases

If customer wishes to purchase products offered on the site, customer will be asked to supply certain information, including but not limited to credit card or other payment information. Customer agrees that all information provided to UTI MALL will be accurate, complete and current. Customer agrees to pay all charges incurred by authorized users of the account and credit card or other payment mechanism at the prices in effect when such charges are incurred. Customer will also be responsible for paying any applicable taxes, and shipping and handling charges relating to customer’s own purchases.

Where We Ship

We ship to any physical address that UPS or FedEx ships to within the United States and Canada. We may not accommodate customers who need to have an item shipped to an APO/FPO address or PO Box depending on the circumstances.  Due to the number of wrong addresses from customers, we now charge the face value that UPS charges us to reroute the package if customer did not enter the address correctly. This charge is anywhere from $5 to $15. 

When We Ship

Most orders are shipped within 1 to 5 business days from the date of the order. The order may be delayed if the Ship-To address does not match the address that the credit card issuer has file. We verify all addresses to protect against fraud. Some orders that are shipped from fulfillment warehouses may require a longer time for the item to ship. We may also ship orders with multiple items from different warehouses so it is possible that items may arrive on different days. Due to the many circumstances such as the inability to charge the customer’s card or verify the address, we cannot guarantee when an order will be shipped out. If a customer chooses next day air service, it does not necessarily mean that the item will arrive the next day from the order date; it means that the customer will receive the order the next day from the date we ship the order.

Shipping Delays

Once an order is shipped, it is up to UPS to deliver the items; we will not be able to stop the shipment once it is shipped. If UPS loses the package, UPS will put a tracer on the package. Tracers take around 3 days for air packages and 7 business days for ground packages. We will not be able to ship out replacement packages until UPS confirms that the package is lost and will not be delivered to its destination and that they will reimburse UTI MALL. Without confirmation from UPS, we will not know for sure if you will get two shipments if we ship out another one. Another shipping delay occurs if there is no one to sign for the package. Every package we ship usually requires a signature. If a package is returned to us because no one was available to sign for it or the address was input incorrectly at the time you enter the order, the customer will be charged again to ship it out a second time.

Pricing and Typographical Errors

Due to the fast pace of the computer industry, all prices are subject to change without notice. We make every effort to list the most accurate, up to the minute information. Despite our efforts, some items on our website may be mis-priced. If a product is listed at an incorrect price due to a typographical, photographical, or technical error or error in pricing from our vendors, UTI MALL reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price.

If the customer’s credit card has already been charged for the incorrect price, we will immediately refund the amount to the card and cancel the order. The customer may repurchase the items for the correct price at their discretion.

Due to the volatility in pricing for computer products, we do not match a competitor's pricing and we will not offer price protection. For example, If Intel drops the price of a processor 5 days after your purchase, that is beyond our control and our cost for that same processor when we shipped is also much higher than our current selling price. We will not be able to refund the difference since we had to purchase the processor at a much higher cost to send it to you when you placed your order.

Order Acceptance Policy

The customer’s receipt of an electronic or phone order confirmation does not signify our acceptance of your order. UTI MALL reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Disclaimer and Limitation of Liability as to Products Sold

All of UTI MALL products are guaranteed against defects for 30 days from the date of the invoice. EXCEPT AS EXPRESSLY STATED HEREIN, UTI MALL MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE UTI MALL SITE. EXCEPT AS EXPRESSLY STATED HEREIN, UTI MALL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO UTI MALL ARISING FROM ANY PRODUCT SOLD ON THE UTI MALL SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL UTI MALL, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

Disclaimer and Limitation of Liability as to the UTI MALL Web Site

THE UTI MALL WEB SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS”. UTI MALL MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE UTI MALL SITE, THEIR OPERATION, CONTENTS, INFORMATION, OR MATERIALS. UTI MALL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT UTI MALL.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE UTI MALL SITE. CUSTOMER AGREES THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Title Transfer

UTI MALL retains title to parts and complete systems purchased until the said purchaser pays for items in full at which time the title passes to purchaser.

Governing Law

Customer agrees that any legal action brought against UTI MALL shall be governed by the laws of the State of California without regard to its conflict of law principles. Customer agrees that the sole jurisdiction and venue for any litigation arising from customer’s use of or orders made on the UTI MALL sites shall be an appropriate federal or state court located in Alameda County, California.