These Terms and Conditions govern the sale of products and services by ABMX Servers. By placing an order, you agree to be bound by these terms.
Place your order online at www.abmx.com.
Call us at 714-258-2269 if you need any assistance with placing your order.
Receiving an order confirmation does not signify our acceptance of your order or confirm our offer to sell. ABMX Servers reserves the right to accept or decline your order at any time after receipt for any reason. All orders are subject to pre-approval, including payment verification, address confirmation, and fraud prevention measures. We may cancel any order that does not meet our criteria, without liability. This may include, but is not limited to, discrepancies in payment information or shipping address verification failures. Additional verification may be required before order acceptance.
International and Compliance Review: ABMX Servers may hold, reject, or cancel any order, including after payment is received, if ABMX Servers determines that additional verification, export-control review, customs information, end-use/end-user information, product compliance documentation, or destination-country import information is required. ABMX Servers may refuse any order involving a restricted destination, restricted party, prohibited end use, unavailable export classification, unavailable customs documentation, or product compliance requirement that ABMX Servers has not expressly agreed to satisfy in writing. ABMX Servers shall not be liable for any delay, cancellation, customs hold, seizure, return, refusal, penalty, storage charge, or other cost resulting from incomplete, inaccurate, or unavailable information provided by the Buyer or required by any governmental authority, carrier, customs broker, or destination-country regulator.
We accept the following payment methods:
Full payment is required at the time of purchase. Due to the custom nature of our products and manufacturing processes, we will begin processing your order only after receiving full payment. ABMX Servers is not liable for any delays or losses resulting from failed or delayed payments.
To protect against credit card fraud, we require that your shipping and billing addresses match. If you wish to have your order shipped to a different address, you must contact your credit card issuer and request that the desired shipping address be added as an "alternate address" for verification purposes. You can do this by calling the Customer Service number on the back of your card.
Please note, if the shipping address provided does not match the billing address, your order may be delayed while we verify this information with your credit card issuer. If we are unable to verify the alternate address, ABMX Servers may hold or cancel your order. ABMX Servers is not responsible for any delays or damages that may occur as a result of these actions.
Prices, specifications, availability, and terms of offers are subject to change without notice. All prices reflect current market conditions and component costs at the time of quotation and are not guaranteed beyond that unless specified in writing. ABMX Servers reserves the right to modify pricing at any time prior to order acceptance.
Despite our best efforts, ABMX Servers is not responsible for typographical, photographic, or pricing errors and reserves the right to cancel orders resulting from such errors. Products quoted by ABMX Servers are based on the specifications available at the time of quotation and are not guaranteed to meet bid or contract specifications unless explicitly agreed upon in writing.
Prices quoted do not include any tariffs, duties, taxes, or similar governmental charges that may be imposed after quotation or order acceptance. These charges are the sole responsibility of the Buyer.
No Destination-Country Compliance Included Unless Expressly Stated: Prices, quotations, invoices, product listings, product descriptions, and order confirmations do not include testing, certification, registration, labeling, translation, environmental reporting, cybersecurity reporting, product safety filings, recycling registrations, conformity assessments, authorized representative services, importer-of-record services, customs brokerage services, or other destination-country compliance services unless expressly stated in a written quotation signed or approved by ABMX Servers.
Purchase orders submitted by the Buyer are accepted for reference only and do not modify, supplement, or override these Terms and Conditions. Any conflicting, additional, or foreign terms included in a purchase order or related document are expressly rejected, including but not limited to those referring to non-U.S. jurisdictions, regulatory obligations, or procurement conditions. Acceptance of a customer’s purchase order or fulfillment of an order shall not constitute acceptance of any such terms.
Buyer Purchase Orders and Foreign Compliance Terms Rejected: Any Buyer purchase order, procurement document, platform term, import instruction, tender requirement, or other document that attempts to impose European Union, United Kingdom, EEA, Swiss, foreign, consumer, public-procurement, environmental, cybersecurity, product safety, recycling, data, customs, or market-access obligations on ABMX Servers is expressly rejected unless specifically accepted by ABMX Servers in a separate written agreement signed by an authorized representative of ABMX Servers.
Procurement regulations such as the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), Trade Agreements Act (TAA), International Traffic in Arms Regulations (ITAR), or similar government requirements shall not apply unless explicitly agreed to by ABMX Servers in a signed contract accepted by both parties.
Product Revisions and Equivalent Substitutions:In cases where a listed component, processor, or hardware revision becomes unavailable or discontinued by the manufacturer, ABMX Servers may supply the direct successor or functionally equivalent part of equal or greater performance at no additional cost to the Buyer. Such substitutions will be documented on the final invoice for transparency. These substitutions are considered compliant with the original order specifications unless otherwise agreed to in writing by ABMX Servers.
We ship via UPS. Please note that UPS does not deliver to PO Boxes or APO addresses; a physical street address is required for delivery.
Address Verification: The Buyer is responsible for providing the correct shipping address at the time of order. Accurate shipping information helps prevent delays and ensures that your merchandise arrives at the correct location. ABMX Servers is not liable for any issues or additional costs resulting from incorrect or incomplete address information provided by the Buyer.
Unless otherwise arranged, we ship FCA (FREE CARRIER), Tustin, CA, USA. As the Buyer, you are responsible for all freight and insurance charges and assume all risk of loss or damage once the merchandise leaves our warehouse. Title to the products passes to the Buyer upon delivery to the carrier. All shipments are governed by the laws of the State of California, USA.
It is essential to thoroughly inspect the shipment upon arrival at your location before accepting delivery from the carrier. Check the external packaging for visible damage and, if possible, open the package to inspect the contents. If any damage is discovered, note it on the carrier’s delivery receipt and report it immediately. The Buyer must file any damage claims directly with the carrier, as they are responsible for the merchandise during transit. ABMX Servers is not liable for shipping-related damages.
Use of Carrier Account Does Not Change FCA Terms: ABMX Servers may arrange shipment through its UPS account or another carrier account for administrative convenience only. Use of ABMX Servers’ carrier account, shipment software, tracking number, export paperwork, customs form, or freight billing arrangement does not change the FCA Incoterms 2020 delivery term, does not make ABMX Servers the importer of record, does not transfer destination-country compliance obligations to ABMX Servers, and does not delay the transfer of title or risk of loss. Title and risk of loss pass to the Buyer upon delivery of the products to the carrier at ABMX Servers’ facility in Tustin, California, unless ABMX Servers expressly agrees otherwise in writing.
Inspection for Damage: Upon receiving your shipment, it is your responsibility to inspect the merchandise carefully for any signs of damage before the carrier departs. Check the external packaging for visible damage and, if possible, open the package to inspect the contents. If you discover any damage, note it on the carrier's delivery receipt and immediately report the damage to the carrier. You must file any damage claims directly with the trucking company, as they are responsible for the merchandise during transit. Compensation for damage will be provided directly by the carrier.
We emphasize the importance of this inspection process because we are not present to inspect or accept the shipment on your behalf when it arrives at your location. We do not control your dock, receiving conditions, or staffing. Therefore, to ensure a smooth claims process, you must document and report any issues promptly.
All shipments will be sent exclusively via our UPS account. There are no exceptions to this policy.
ABMX Servers accepts international orders only on a case-by-case basis, with wire transfer payment in advance, and ships international orders exclusively through ABMX Servers’ UPS account or another carrier selected by ABMX Servers. Unless ABMX Servers expressly agrees otherwise in writing, all international shipments are made FCA -- Free Carrier, ABMX Servers’ facility, Tustin, California, USA, Incoterms 2020.
Importer of Record: For all international shipments, the Buyer is the importer of record and is solely responsible for import clearance, customs brokerage, destination-country taxes, VAT, duties, tariffs, customs fees, handling fees, storage fees, government charges, licenses, permits, registrations, product approvals, product labeling, product documentation, and all other requirements in the destination country. ABMX Servers does not act as importer of record, declarant, consignee for customs purposes, indirect customs representative, tax representative, fiscal representative, authorized representative, responsible person, responsible economic operator, WEEE producer, battery producer, packaging producer, or market surveillance contact unless ABMX Servers expressly agrees to do so in a separate written agreement.
European Orders: For purposes of these Terms, "European Order" means any order shipped to, imported into, resold into, installed in, placed on the market in, or intended for use in the European Union, the European Economic Area, the United Kingdom, Northern Ireland, Switzerland, or any other jurisdiction with similar product compliance, customs, recycling, cybersecurity, or market-access requirements.
Business-to-Business European Sales Only Unless Approved: European Orders are intended for business, professional, institutional, industrial, research, or governmental Buyers only. By placing a European Order, the Buyer represents that it is purchasing for business or professional use and not as a consumer, unless ABMX Servers expressly agrees in writing to accept a consumer order. ABMX Servers may refuse or cancel any European Order that appears to involve a consumer purchase, marketplace resale, drop shipment, incomplete importer information, or destination-country compliance obligations that ABMX Servers has not expressly agreed to assume.
Buyer Import Information Required: Before shipment, the Buyer must provide all information requested by ABMX Servers, the carrier, customs broker, or governmental authority, including the Buyer’s legal name, physical delivery address, importer-of-record information, tax ID, EORI number where applicable, VAT number where applicable, end user, end use, contact person, telephone number, email address, customs broker information, and any other information required for export, transit, import, delivery, or regulatory screening.
Customs Classifications and Country of Origin: ABMX Servers may provide Harmonized System, Schedule B, HTS, CN, ECCN, country-of-origin, product description, value, weight, and other shipment information for export, carrier, or invoice purposes. Such information is provided in good faith based on information reasonably available to ABMX Servers and its suppliers, but ABMX Servers does not guarantee that such information is complete, binding, or sufficient for destination-country import, tariff, trade preference, procurement, or regulatory purposes. The Buyer is solely responsible for verifying all import classifications, duty rates, origin determinations, customs values, and destination-country requirements before import.
No EU/UK/Foreign Product Compliance Certification Unless Expressly Stated: Unless expressly stated in a written quotation or signed agreement, ABMX Servers does not represent, warrant, certify, or guarantee that any product, custom-built system, component, configuration, software image, firmware version, accessory, spare part, or replacement part complies with any European Union, EEA, United Kingdom, Northern Ireland, Swiss, or other foreign requirement, including but not limited to CE marking, UKCA marking, RoHS, REACH, SCIP, WEEE, battery regulations, packaging regulations, ecodesign or energy-efficiency rules, radio equipment rules, EMC rules, low-voltage safety rules, General Product Safety Regulation requirements, Digital Product Passport requirements, Cyber Resilience Act requirements, CBAM requirements, import licensing, product registration, local language labeling, local language instructions, recycling take-back, environmental reporting, or market surveillance obligations.
Manufacturer and Supplier Documentation: Upon request, ABMX Servers may provide available manufacturer or supplier documentation, such as datasheets, part numbers, country-of-origin statements, RoHS declarations, REACH declarations, CE declarations, safety information, or technical documents, if such documents are available to ABMX Servers. All such documents are provided as received or compiled from available supplier information, without independent testing, audit, verification, certification, or warranty by ABMX Servers. The Buyer is solely responsible for determining whether such documentation is sufficient for the Buyer’s intended destination, use, import, resale, installation, or regulatory purpose.
Buyer Responsible for Placing Products on Foreign Markets: If the Buyer imports, installs, resells, distributes, leases, transfers, modifies, integrates, brands, private-labels, or otherwise places any product on a foreign market, the Buyer is solely responsible for all obligations applicable to that activity, including conformity assessment, technical files, declarations of conformity, authorized representative arrangements, responsible economic operator arrangements, importer obligations, distributor obligations, local language instructions, labeling, traceability, registration, incident reporting, recall cooperation, recycling, and post-market surveillance.
Export Controls and Restricted End Uses: All products, technology, software, and technical information supplied by ABMX Servers are subject to applicable U.S. export-control, sanctions, embargo, anti-boycott, and restricted-party laws and regulations, including the Export Administration Regulations. The Buyer shall not export, re-export, transfer, release, resell, or otherwise provide any product, technology, software, or technical information to any restricted country, restricted party, prohibited end use, military end use, weapons end use, nuclear end use, missile end use, chemical or biological weapons end use, advanced computing end use, artificial intelligence end use, data-center end use, surveillance end use, or other restricted activity in violation of applicable law. ABMX Servers may require end-use, end-user, and destination certifications before accepting or shipping any order.
No Shipments Requiring Special Export Licenses Unless Approved: ABMX Servers does not ship products to international destinations or end users requiring special export licenses, government authorizations, destination-country permits, or compliance procedures beyond ABMX Servers’ standard export-control review unless ABMX Servers expressly agrees in writing. If an order requires such authorization, ABMX Servers may hold, cancel, or refuse shipment without liability.
Customs Holds, Refusals, Returns, and Abandonment: ABMX Servers is not responsible for customs holds, inspections, delays, seizures, penalties, storage fees, brokerage fees, returns, refused deliveries, failed import clearance, or non-delivery caused by missing documentation, incorrect importer information, unpaid charges, product restrictions, destination-country laws, carrier requirements, customs decisions, or Buyer failure to act. If a shipment is returned, abandoned, seized, destroyed, or refused by customs, a carrier, or a government authority, the Buyer remains responsible for the purchase price, freight, taxes, duties, return freight, storage, penalties, and all related costs.
At ABMX Servers, we are committed to delivering exceptional quality and value in all our products. Every server we ship undergoes extensive testing, including burn-in and memory diagnostics, with a test certificate included to ensure your satisfaction.
Non-Returnable and Non-Refundable Items:
Return and Refund Eligibility:
Cancellations:
Refund Processing: Refunds for eligible returns will be processed within 2-4 weeks after receipt of the returned product, with potential delays depending on your bank.
No Returns After 14 Days: No returns or refunds will be accepted after 14 calendar days from the original invoice date for any products, whether opened or unopened.
Before installation, ensure that your local AC or DC voltage is compatible with the Power Supply Unit. Additionally, verify that DC voltage polarity is correctly configured and that proper grounding is established. Connecting the unit to incorrect voltage, improper polarity, or inadequate grounding can damage the power supply and connected equipment, potentially voiding your warranty. Proper installation according to these guidelines is crucial for maintaining warranty coverage.
ABMX Servers provides technical support for hardware issues covered under warranty. This support is limited to remote troubleshooting and diagnostics over the phone or email. On-site support services are not available. We do not provide system administration (sys admin) services; the Buyer is responsible for managing their system's software and configurations.
Our servers are designed to work with various industry-standard components and software, but we cannot guarantee compatibility with all third-party hardware, firmware, software, or peripherals. We make no representations or warranties, express or implied, regarding compatibility with any third-party products. While we may conduct limited compatibility testing with certain third-party products, this does not ensure compatibility across all configurations or use cases. It is the user's sole responsibility to verify compatibility before integrating any third-party products with our servers. Compatibility may also be impacted by future updates or changes to our servers, third-party products, or operating systems. We recommend consulting components and operating system manufacturers' compatibility resources and staying informed about updates that may affect compatibility. Our technical support team may assist with troubleshooting to the best of our knowledge and expertise but cannot guarantee a solution. By using our servers with third-party products, you acknowledge and accept the risks associated with potential compatibility issues.
The Buyer is solely responsible for backing up data, configuring software and networking, and ensuring safety and security. ABMX Servers is not responsible for any loss of software or data during the repair or troubleshooting process. The Buyer must back up their data and remove any sensitive information before sending the system for service. ABMX Servers will not be liable for any data breaches or loss of sensitive information during the RMA process.
Cybersecurity, Firmware, and Software Updates: The Buyer is solely responsible for secure deployment, configuration, access control, password management, network segmentation, monitoring, vulnerability management, patch management, BIOS updates, firmware updates, driver updates, operating system updates, software licensing, backups, and incident response. Unless expressly agreed in writing, ABMX Servers does not provide managed security services, vulnerability monitoring, security hardening, penetration testing, incident reporting, regulatory cybersecurity reporting, software maintenance, firmware lifecycle management, or compliance services under any foreign cybersecurity law or product-security framework.
Products with Digital Elements: To the extent a Buyer imports, integrates, modifies, resells, distributes, private-labels, or places any product with digital elements on a foreign market, the Buyer is responsible for determining and satisfying any applicable cybersecurity, vulnerability reporting, conformity assessment, documentation, update, or post-market obligations. ABMX Servers’ warranty and support obligations are limited to the express hardware warranty and support terms stated in these Terms unless ABMX Servers expressly agrees otherwise in writing.
ABMX Servers warrants its servers to be free from defects in materials and workmanship for three (3) years, and all other hardware products for one (1) year from the date of invoice, unless otherwise specified. This "System Parts & Labor" warranty is non-transferable, except with prior approval from ABMX Servers. Certain hardware products may come with a direct manufacturer’s warranty ranging from three (3) to five (5) years.
Warranty Service: In the event of a defect or issue with a custom-built system, we will provide repair services under the applicable warranty terms. Our warranty covers defects in materials and workmanship but does not extend to issues arising from improper use, physical damage, neglect, errata, or unauthorized modifications.
Return-to-Depot Service: Before sending any product for repair, the Buyer must contact ABMX Servers Support for remote troubleshooting. If issues cannot be resolved remotely, return-to-depot service will be provided.
Return Authorization: The Buyer must obtain a valid return merchandise authorization number (RMA) from ABMX Servers before returning any product. RMAs will be issued at ABMX Servers' discretion, based on the terms and conditions of the warranty. The RMA must be clearly visible on the address label of the product packaging. Failure to include the RMA may result in refusal of the return or delays in processing.
Shipping Responsibility: The Buyer is responsible for shipping the system to ABMX Servers' designated facility at Buyer's risk and expense unless otherwise agreed in writing. All returns and title and risk of loss will transfer to ABMX Servers only upon receipt and acceptance of the returned products.
Return Condition: Products damaged after receipt by the Buyer may not be returned. All products must be returned in their original packaging (including manufacturer’s shrink wrap) and in unused, like-new condition unless the product is being returned due to defects or damage covered under warranty. Returns will be processed in accordance with ABMX Servers’ return policies at the time the RMA is issued.
Non-Compliant Returns: If a product is returned without ABMX Servers’ authorization or does not comply with return requirements, the product may be returned to the Buyer at the Buyer’s expense, or ABMX Servers may consider the product abandoned and dispose of it without crediting the Buyer’s account. A restocking fee may be charged for handling any product that is not returned in accordance with these terms.
Limited Liability: ABMX Servers' sole liability for any returned products will be the acceptance of their return in accordance with ABMX Servers’ returns processing guidelines.
Optional Advanced Parts Replacement: For an additional fee, on a case-by-case basis, ABMX Servers may offer an Advanced Parts Replacement service. If a component fails, we will cross-ship the replacement part to you. The original defective part must be returned to ABMX Servers within 15 calendar days. Failure to return the part within this period will result in invoicing for the replacement part.
Warranty Limitations: The warranty will be voided if the product has been altered, defaced, or tampered with, or if it has been damaged due to misuse, environmental factors, or unauthorized modifications. Additionally, use of the product outside its intended purpose will void the warranty.
Component Manufacturer Warranties: Certain components, such as, but not limited to, consumer-grade hard drives and GPUs, are covered only by the original manufacturer's warranty and are not included under ABMX Servers’ standard warranty. The buyer must seek service directly from the manufacturer for these components.
5-Year Extended Server Warranty Option: This warranty provides service to restore the generic functionality of long-term support products. "Generic functionality" refers to the ability of the system to boot into an Operating System without error.
What the 5-Year Warranty Does Not Cover: The warranty does not cover the replacement of certain unique, proprietary, or legacy features, nor any combination of these features. If a feature or combination of features cannot be restored due to discontinuation, the warranty will provide for the replacement of more mainstream hardware components to ensure the system remains operational. However, this does not guarantee the retention of any special features from the original hardware after warranty service. ABMX Servers will notify the end-user of any changes made to the system as a result.
If your project requires coverage for legacy parts or components under the 5-year warranty, this warranty may not meet your needs. However, we are available to assist in ordering spare kits and exploring other workarounds at the time of purchase to help extend the lifespan of your project.
Environment: Unless explicitly arranged and uniquely designed for your particular environments, our products must operate in a controlled, data center-like setting that is dry, dust-free, temperature-regulated, and free from excessive vibration or extreme altitudes. Regular maintenance, including monthly dust removal from the interior, is crucial to prevent the accumulation of dust and moisture. Warranties may be void if there are signs of corrosion, overheating due to improper placement or ventilation, or exposure to unsuitable conditions. The warranty does not cover cleaning dust from the product or damage resulting from these factors. For such warranty claims, buyers must provide documentation confirming that the product was used in an appropriate, controlled environment. Failure to provide this documentation may void the warranty.
Extent of Limited Warranty: ABMX Servers does not warrant that the product, whether purchased stand-alone or integrated with other products, including without limitation semiconductor components, will be free from design defects or errors known as "errata." Current characterized errata are available upon request. ABMX Servers is not responsible for design defects on the part of component manufacturers. After 30 days from the invoice date, the Buyer assumes all risk from design defects and shall resolve such issues directly with the component manufacturer.
Further, this Limited Warranty does NOT cover:
Upon customer request, ABMX Servers may provide available documentation, such as country-of-origin statements, part numbers, manufacturer datasheets, manufacturer declarations, supplier declarations, test reports, product specifications, or other available product information, subject to availability. Such documentation may assist customers with internal evaluations relating to U.S., foreign, public-procurement, import, export, product safety, environmental, cybersecurity, recycling, or market-access requirements.
This may include, without limitation, customer evaluations related to the Trade Agreements Act, Buy American Act, FAR, DFARS, ITAR, EAR, NDAA, Section 889, CMMC, country of origin, customs classification, export classification, CE marking, UKCA marking, RoHS, REACH, SCIP, WEEE, battery regulations, packaging regulations, ecodesign, energy efficiency, EMC, low voltage, radio equipment, General Product Safety Regulation, Cyber Resilience Act, Digital Product Passport requirements, CBAM, import licensing, restricted substances, hazardous materials, and similar domestic or international requirements.
All such documentation is provided as received from, or based on information provided by, component manufacturers, suppliers, distributors, carriers, brokers, or publicly available sources. ABMX Servers does not independently test, audit, inspect, certify, verify, or validate such documentation unless expressly agreed in writing.
ABMX Servers does not certify, warrant, or guarantee that any product, component, custom-built system, configuration, firmware version, software image, accessory, spare part, replacement part, or shipment complies with TAA, Buy American, FAR, DFARS, ITAR, EAR, NDAA, CMMC, CE, UKCA, RoHS, REACH, SCIP, WEEE, GPSR, CRA, CBAM, Digital Product Passport, ecodesign, EMC, low-voltage, radio equipment, battery, packaging, recycling, environmental, cybersecurity, customs, procurement, import, export, or other regulatory framework unless ABMX Servers expressly states that specific compliance commitment in a written quotation or signed agreement.
The Buyer and end user are solely responsible for determining the applicability of all regulatory, procurement, customs, import, export, environmental, cybersecurity, product safety, labeling, language, recycling, market-access, installation, and use requirements applicable to the Buyer’s destination, industry, end use, end user, resale, integration, modification, or deployment.
The Buyer is solely responsible for obtaining all required licenses, authorizations, registrations, conformity assessments, declarations, technical files, importer registrations, authorized representative appointments, responsible person appointments, recycling registrations, customs broker services, product labels, local language documentation, post-market reporting, incident reporting, recall cooperation, and other approvals required by applicable law.
ABMX Servers expressly disclaims all liability, including any implied warranties, arising from or related to reliance on provided documentation, unavailable documentation, inaccurate manufacturer or supplier information, destination-country compliance requirements, customs classification, export classification, product approvals, market-access requirements, or the use, resale, integration, modification, or deployment of products in regulated, restricted, public-procurement, safety-critical, cybersecurity-regulated, export-controlled, or foreign markets.
Under no circumstances will ABMX Servers be liable for:
ABMX Servers' total liability for any claim arising from or related to products or services will not exceed the amount you paid to us for the specific product or service at issue.
Compliance-Related Liability Cap: To the maximum extent permitted by law, ABMX Servers’ total liability for any claim involving documentation, customs, import, export, product compliance, cybersecurity compliance, environmental compliance, recycling compliance, market access, or destination-country legal requirements shall not exceed the amount paid by the Buyer to ABMX Servers for the specific product giving rise to the claim. In no event shall ABMX Servers be liable for penalties, fines, recalls, corrective actions, lost profits, lost revenue, business interruption, replacement procurement, customer claims, regulatory defense costs, or other consequential, incidental, special, exemplary, or punitive damages.
The Buyer acknowledges that ABMX Servers’ products incorporate components from third-party manufacturers. ABMX Servers is not responsible for product safety testing beyond the original manufacturer’s specifications and makes no representations or warranties regarding safety or fitness for specific applications or environments.
ABMX Servers is not liable for issues, incompatibilities, or performance impacts caused by third-party software updates, patches, or configurations, including but not limited to operating system updates, driver changes, firmware modifications, or other software-related factors beyond our control.
Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages. In such cases, ABMX Servers’ liability will be limited to the maximum extent permitted by law.
ABMX Servers will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, strikes, pandemics, government regulations, tariffs, export restrictions, sanctions, natural disasters, or other events of force majeure. In such cases, ABMX Servers reserves the right to cancel or delay the order without liability. No exceptions.
Any disputes arising from or related to these Terms and Conditions will be resolved through binding arbitration in California, under the Commercial Arbitration Rules of the American Arbitration Association. Both parties expressly waive the right to trial by jury and agree that arbitration or any court proceedings will be conducted solely on an individual basis, without the right to pursue any claim as a class or collective action.
If arbitration fails to resolve the dispute, the Buyer and ABMX Servers agree to submit to the exclusive jurisdiction of the courts in California. The governing law will be the laws of the State of California, without regard to its conflict of laws principles.
In the event of any litigation or arbitration arising from or relating to these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorney fees and costs incurred in connection with such action.
Any terms proposed by the Buyer attempting to apply foreign law, impose foreign jurisdiction, or conflict with these Terms and Conditions, including those found in purchase orders, are expressly rejected. No exceptions.
ABMX Servers is committed to protecting customer privacy and the security of personal, financial, order, and shipment information. Information submitted to ABMX Servers may be used to process orders, verify payment, prevent fraud, provide support, arrange shipment, prepare invoices, comply with tax and accounting obligations, comply with export-control requirements, comply with carrier and customs requirements, and improve ABMX Servers’ products and services.
ABMX Servers does not sell customer personal information. ABMX Servers may share information as reasonably necessary with payment processors, banks, fraud-prevention providers, carriers, customs brokers, insurers, service providers, suppliers, government authorities, law enforcement, tax authorities, export-control authorities, customs authorities, or other parties when necessary to process an order, ship products, provide support, comply with law, enforce these Terms, or protect ABMX Servers’ rights, property, customers, or business.
ABMX Servers uses commercially reasonable security measures for online transactions and customer information. However, no method of transmission or storage is completely secure, and ABMX Servers does not guarantee that unauthorized access, disclosure, loss, or misuse will never occur.
The sale of any products or services is expressly conditioned on the Buyer's acceptance of these Terms and Conditions. Any acceptance of ABMX Servers’ offer is limited exclusively to these Terms and Conditions. ABMX Servers expressly rejects any additional, conflicting, or foreign terms proposed by the Buyer, including but not limited to those in purchase orders. No exceptions.
Any order placed by the Buyer constitutes unconditional acceptance of these Terms and Conditions, which shall take precedence over any conflicting or additional terms in any other document or communication related to this transaction. In the event of any conflict, these Terms and Conditions shall exclusively govern.
All notices required under these Terms and Conditions must be provided in writing and delivered via certified mail or email to the designated contact at ABMX Servers. The Buyer is solely responsible for providing accurate and up-to-date contact information. ABMX Servers is not liable for errors in notice delivery resulting from incorrect or outdated information provided by the Buyer.
The Buyer agrees to indemnify, defend, and hold harmless ABMX Servers, its affiliates, officers, employees, contractors, suppliers, and agents from and against any claims, damages, liabilities, penalties, fines, losses, recalls, corrective actions, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:
If any provision of these Terms and Conditions is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining terms shall remain in full force and effect.
ABMX Servers reserves the right to modify or update these Terms and Conditions at any time, with changes effective immediately upon posting on our website. It is the Buyer’s responsibility to regularly review the Terms. Continued use of ABMX Servers’ products or services following any changes constitutes acceptance of the updated Terms.
Buyer acknowledges that this order is sold FCA ABMX Servers’ facility, Tustin, California, USA, Incoterms 2020, unless otherwise stated in writing. Buyer is the importer of record and is responsible for all destination-country taxes, VAT, duties, tariffs, customs clearance, permits, licenses, registrations, product compliance, labeling, recycling, cybersecurity, environmental, and market-access requirements. ABMX Servers does not certify CE, UKCA, RoHS, REACH, SCIP, WEEE, GPSR, CRA, CBAM, Digital Product Passport, or other foreign compliance unless expressly stated in the quotation. Buyer represents that all information supplied for export, import, customs, end use, and end user screening is accurate and complete.
ABMX Servers sells custom-built systems from the United States. Unless expressly agreed in writing, European and UK orders are business-to-business sales only, shipped FCA Tustin, California, with the Buyer acting as importer of record. The Buyer is responsible for confirming all local import, customs, tax, product compliance, CE/UKCA, RoHS, REACH, WEEE, recycling, cybersecurity, labeling, and market-access requirements before ordering.
