Terms & Conditions

The following constitutes a legally binding Contract between visitors and users of the officemaxx.com website, any entity or individual purchasers of products or services (collectively referred to as ‘BUYER”) and OFFICEMAXX.

1.  Ordering Instruction.  All orders are subject to availability and are not confirmed until and unless the product is shipped.   

2.  Pricing.  Prior to the placement of an order OFFICEMAXX reserves the right to adjust prices without advance notice.

3.  Terms of Payment. Payment of the total invoice amount is due 15 days from the invoice date.  Past due amounts will be charged interest from the payment due date to the date of payment at the rate of 1½ per-cent per month.  The entire balance of the account is immediately due and payable in full in the event that payments on the account are not made in accordance with this Contract.

4.  Shipping, Handling and Taxes.  Applicable taxes and shipping and handling charges will be billed in addition to the price of the product or service. OFFICEMAXX reserves the right to bill you for additional handling fees imposed by a carrier and incurred by OFFICEMAXX in conjunction with delivering the product to you. These additional handling fees include, but are not limited to: extended area surcharge, address change or correction while in-transit, oversize box surcharge, shipment intercept, hold for pickup at a terminal, lift-gate charge, residential area surcharge, and other fees billed to OFFICEMAXX by a common carrier. Import duties and brokerage fees for international shipment are the sole responsibility of the customer.

5.  Product Returns. All sales are final.   

a.  At OFFICEMAXX’s sole discretion it may accept returns for products (that still have original OEM Seal not broken) within 15 days of purchase subject to a restocking fee of 20 percent or $50, whichever is greater.

b.  If applicable OFFICEMAXX will issue BUYER a Return Authorization Number (“RMA”).  After receiving the RMA, BUYER will ship the return product to OFFICEMAXX, and OFFICEMAXX will either refund the BUYER’s purchase price less the restocking charge or ship a replacement product to BUYER. Requests for returns must be submitted in writing to OFFICEMAXX within 3 days of product delivery with an explanation supporting the request and a copy of the BUYER’s invoice.   

6.  Delivery and Title. BUYER is responsible for all shipping costs and any applicable surcharges. Title and risk of loss pass to BUYER upon OFFICEMAXX’s delivery of products to the freight carrier at OFFICEMAXX’s location or shipping dock. OFFICEMAXX’s delivery dates are estimates only and OFFICEMAXX is not liable for delays in delivery or any consequential damages.

7.  Delivery Claims, Damages, and Shortages.  OFFICEMAXX will file claims for shortage or damage on shipments that have been shipped by OFFICEMAXX with its designated carrier as long as BUYER provides a properly signed Bill of Lading, delivery receipt and any other documents necessary to support the claim.  Any claim must be made by BUYER in writing to OFFICEMAXX within 3 days of receip and include a copy of the BUYER’s invoice. The original packaging and box packing contents must be kept until the claim process is complete.  Claims resulting from discrepancies between invoiced quantities and actual product quantities received by BUYER must be made in writing within 15 days of the date of the invoice and include a copy of the BUYER’s invoice or they are waived.

8.  Disputes.  All notices of any claims or disputes must be made by BUYER in writing and sent to OFFICEMAXX by certified mail return receipt to the address listed on the invoice with all supporting documentation and a copy of the invoice regarding the claim or dispute.

9.  Installation and Operation.  Unless otherwise agreed in writing by OFFICEMAXX, BUYER assumes all responsibility for the proper selection, installation, operation and maintenance of any product purchased from OFFICEMAXX.

10.  Manufacturers’ Warranty. All products are sold “as is” subject to manufactures’ warranties only and are not warranted by OFFICEMAXX.   

11.  Limited Warranty on Refurbished Equipment. Except in cases of abuse or damage by BUYER, if used or refurbished products do not function according to their specifications, OFFICEMAXX may replace the product in its sole discretion with a comparable product of similar specifications and cost.  This limited warranty is valid only between BUYER and OFFICEMAXX.  OFFICEMAXX makes no other express or implied warranties.

12.  Limitation of Liability.  OFFICEMAXX is not liable for any indirect, special, incidental or consequential damages regarding the sale of products or services.  Damages for any reason are limited to the purchase price of the product or service. BUYER will indemnify, defend, and hold OFFICEMAXX harmless from any claims based on: (i) OFFICEMAXX’s compliance with BUYER’s designs, specifications, or instructions, (ii) modification of any product by anyone other than OFFICEMAXX, or (iii) use in combination with other products.

13.  Change of Address.  BUYER shall notify OFFICEMAXX in writing of any changes of name or address, or of any corporate reorganization or change in ownership which results in a change of name or principal place of business of BUYER within 15 days of the change.

14.  Product Information.  OFFICEMAXX makes no representation as to the accuracy or completeness of Product information obtained from third parties.

15.  Default.  Upon a breach by BUYER of this Contract, OFFICEMAXX is relieved of any and all of its duties and responsibilities to BUYER and the full purchase price for all products, whether or not delivered, shall become immediately due.   

16.  Miscellaneous Provisions:

a.  This Contract and all OFFICEMAXX transactions are governed by California law and venue for any disputes is exclusively in Los Angeles County, California. 

b.  BUYER may not assign this Contract without the prior written consent of OFFICEMAXX.

c.  This Contract can only be modified in writing by an authorized representative of OFFICEMAXX.

d.  Statements or advice (technical or otherwise) are an accommodation to BUYER.  OFFICEMAXX has no responsibility or liability for the content or use of such statements or advice.

e.  OFFICEMAXX’s failure to object to any document, communication, or act of BUYER will not be deemed a waiver of any of the Terms and Conditions of this Contract.

f.  This Contract constitutes the entire agreement between the parties, and supersedes prior negotiations, representations, or contracts, either written or oral.

g.  The unenforceability of any of these Terms and Conditions will not affect the remainder of the Terms and Conditions.

h.  If either party becomes involved in litigation or arbitration arising out of this Contract, or the performance thereof, the court or arbitrator shall award reasonable costs and expenses, including attorney’s fees, to the prevailing party.