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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
RMS-Wholesale.com is owned and operated by RMS Communications Group, Inc. The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of RMS Communications, Inc.. The collective work includes works that are licensed to RMS Communications, Inc.. RMS Communications, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with RMS Communications, Inc. or purchasing RMS Communications, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with RMS Communications, Inc. or to purchase RMS Communications, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by RMS Communications, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of RMS Communications, Inc. used in the site are trademarks or registered trademarks of RMS Communications, Inc..
Site Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, RMS Communications, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. RMS Communications, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. RMS Communications, Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Processing Time
All basic Used Cellular Phones, Repair Stock, New, and Carrier Return orders will be subject to a processing time not to exceed 72 hours or 3 days from date of order, whichever is greater. All A-Stock Boxed Kits will be subject to a processing time not to exceed 96 hours or 4-days, whichever is greater. Special request such as, but not limited to, carrier specific needs, cosmetic upgrades, and additional testing may add 24 to 48 hours to all times frames listed. Orders placed after 4pm EST are considered to be made for the following day. All listed time frames exclude weekends and are limited to M-F as ship/transit production times. Expedited service can be requested for shipment within 24-48 hours of initial order, see below for applicable fees. Special accommodations can be made for weekly accumulation and consolidated shipments of multiple orders.
Returns/Warranty Terms
All Returns must be pre-approved and assigned a valid RMA number. Returns are only accepted for valid warranty claims on failed product per category description or sales upgrade, if applicable. Returns are valid only on electronic guarantee. No cosmetic warranty is given nor any return accepted for cosmetic conditions. See category descriptions for cosmetic conditions. Product Warranty period is 30-days from date of invoice unless otherwise indicated per category or sales upgrade, if applicable. User acknowledges and agrees that no cash, credit card, wire transfer, or PayPal refunds will be given and that store credit for future purchase is the only means of reimbursement for valid warranty claims. No refunds under any circumstances. These warranty agreements extend to all online and offline sales via http://www.rms-wholesale.com/ and direct orders via an RMS Communications staff member by any media means including but not limited to phone-in orders, e-mail orders, and in-store orders. Non-Warranty returns must be pre-approved and if accepted will be at the expense of a 15% restocking fee per line item returned. Any return sent in without prior approval and proper paperwork will be subject to the greater of a $0.50 per returned phone fee or $10 per transaction fee, whichever is greater.
Returns/Warranty Terms
Any and all refused shipments, no matter the reason, will be subject to a minimum 15% restocking fee. Any order refused and resent at the customer's request will be subject to a $5 per box fee and original freight costs will be doubled.
Additional Fees
RMS Communications and http://www.rms-wholesale.com/ reserve the right to implement any fees without prior notice regarding special request by customers. Pricing will be confirmed at time of sale via verbal and/or written agreement. Confirmation of and on said pricing is binding. Pricing and special conditions will be disclosed on final invoices and/or packing slips.
Battery Doors
Battery doors are generally not available for any models. If available, we will include at no additional charge. No order is guaranteed to have battery doors. If needed, battery doors should be purchased elsewhere prior to placing and RMS-Wholesale order.
Batteries
Batteries are not included or guaranteed for any sale but if available will be listed in the category "Batteries (Used)" for an additional charge. Batteries are sold as-is and are not tested or guaranteed in any way. No order is guaranteed to have batteries. If needed, batteries should be purchased elsewhere prior to placing an RMS-Wholesale order.
Freight Costs/Charges
Freight Costs and all applicable charges associated with handling are above and beyond listed prices and will be added at time of invoicing. All orders are subject to a $5.00 minimum handling charge. Freight costs will be determined at time of shipping based off of the selected method at time of original order.
Wholesale Product Definitions and Warranties
The definitions below apply to all wholesale buyers. Wholesale buyers are high volume customers who have established a wholesale buying relationship with RMS Communications, Inc..
Unless otherwise indicated, all cellular phones are used handsets only with no accessories and are pre-owned. Unless otherwise stated, or in a specified category, all handsets have been electronically tested and are working in accordance with category descriptions. Unless otherwise indicated, handsets are as-is cosmetic condition and may or may not need cosmetic parts replacement or cleaning and will have scratches, wear marks, possible cracks and missing parts. Moisture wick(s) may or may not indicate water damage and are generally an unreliable method determining water damage. No returns for activated moisture wick(s). Phones with additional accessories such as but not limited to memory cards, flash cards, stylus device, etc are not guaranteed to include said devices although every attempt will be made to include if available. ESN/IMEI may or may not be good for activation.
Any product in any category that has any post-sale repair or refurb attempts and/or has been tampered with in any way will void all warranty. No returns on any goods that have any post-sale repair attempts made.
"A" Stock Handsets - New and/or Refurbished Quality Handsets with inner and/or outer lens tape if applicable, tested and passed for power-on, visible signal strength, functional inner/outer LCD if applicable, and functional camera where applicable. No other functional guarantees are made or implied. As-is cosmetic/case condition. 30 day warranty. Paid sales upgrades take priority over minimum guarantees. Nextel handsets are guaranteed only to power-on with functional inner/outer LCD, if applicable. View individual item descriptions for special inclusions such as battery doors, battery, etc.
Used Cellular Phones (2B) - Handset only, tested and passed for power-on, visible signal strength, functional inner/outer LCD if applicable, and functional camera where applicable. Should be purchased only by those who can perform repairs, if needed. No other functional guarantees are made or implied. As-is cosmetic/case condition. 30 day warranty on electronics only. No returns for cosmetic issues. Only those with the ability to repair or replace case parts should purchase phones from this site and this category. Paid sales upgrades take priority over minimum guarantees. Nextel handsets are guaranteed only to power-on with functional inner/outer LCD, if applicable. View individual item descriptions for special inclusions such as battery doors, battery, etc. Charging ports, speaker and microphone, bluetooth functionality, and anything other that what is listed above as tested in this category are not guaranteed working and may or may not be functional, although, for an additional fee can be tested and guaranteed. Call or e-mail for more information on further tested goods.
Repair Stock (2S) - Handset only, first test failures. No repair attempts have been made. No parts have been salvaged by RMS Communications. Handsets may or may not be repairable. Handsets are sold AS-IS. NO WARRANTY, NO RETURN. SALES ARE FINAL. Only those with the ability to repair both cosmetic and electronic failures should purchase from this category.
New Kits (2N)- New in original box. Complete with phone, battery, charger, manual or Quick user's guide. 60-day warranty or balance of manufacturer's warranty.
Carrier Return Kits (2T)- Carrier Return complete in original box (in rare cases some will be white/generic box) by model or manufacturer logo'd generic box. Contact a sales consultant for further information regarding box options and descriptions. Complete with phone and aftermarket or OEM battery, charger, manual or Quick user's guide. 60-day warranty or balance of manufacturer's warranty.
Cincinnati Bell Wireless (CBW) - Product condition and warranty is pre-defined and availability is for sole use and limited only to CBW dealers and agents who are pre-qualified to purchase listed goods categorized as CBW. Any order placed by a non-authorized entity will immediately be canceled and any credit card charges will be reversed in a timely manner.
Accessories (2Y) - New and working used miscellaneous accessories as listed. Electronically and cosmetically acceptable and guaranteed "A" and "B" stock shelf ready. Accessories will include, if applicable, user documentation, chargers (for bluetooth accessories) and OEM or generic packaging. 30-day warranty. Warranty applies only to original purchaser from date of sale. Any product sent out of USA during 30-day period is null and void and no warranty will be extended or offered. NO REFUNDS; REPAIR, REPLACEMENT OR STORE CREDIT ONLY
Limitation of Liability
RMS Communications, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if RMS Communications, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a RMS Communications, Inc. product is mistakenly listed at an incorrect price, incorrect quantities, or any error affecting original terms of sale RMS Communications, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. RMS Communications, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, RMS Communications, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by RMS Communications, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
RMS Communications, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to RMS Communications, Inc..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of RMS Communications, Inc. products) shall be in the state or federal courts located in Marion County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of RMS Communications, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. RMS Communications, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. RMS Communications, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a RMS Communications, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
RMS Communications, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, RMS Communications, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, RMS Communications, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to RMS Communications, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless RMS Communications, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, RMS Communications, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with RMS Communications, Inc., RMS Communications, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of RMS Communications, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, RMS Communications, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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