FNI, LLC RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE

In this agreement FNI, LLC may also be referred to as “FNI,” “us,” “we,” and “Future Networking.” The term “customer” is used to describe any individual, business, or other organization that interacts with FNI, LLC with the intent or possible consideration of using any services provided by FNI or making a purchase of any kind from FNI. “Third Party” is used to describe any person, organization or entity not included in the purchase or delivery of goods and/or services or that is unaffiliated with Customer or FNI, LLC at the time of purchase or delivery of goods and/or services. This Agreement applies to any customer order, purchase, receipt, delivery or use of any products or services from FNI. The placing of and/or receipt of any order, products, or services from FNI by customer is acceptance of this agreement in full by customer. All warranties begin on the date of delivery or original invoice (whichever occurs first) and are based on actual calendar days. Warranties are issued to the person or entity named on the original invoice and Warranties are nontransferable.

Payment/Terms

All prices quoted by FNI, LLC verbally or via printed advertising do not include shipping and handling costs or applicable sales tax unless stated otherwise in writing. Due to the volatility of pricing from our suppliers, any prices quoted are guaranteed only for the day on which they are quoted unless stated otherwise in writing by FNI, LLC. Unless prior arrangements are made, charges for goods or services are due in full upon delivery of the goods or completion of services. All special ordered items are to be paid for in advance. Special ordered items are NOT RETURNABLE and are NOT REFUNDABLE. All purchases remain the property of FNI, LLC until full payment is received. FNI, LLC is NOT responsible or liable for any activity, use, misuse, crime or event that occurs on, with, or around these Services and/or Products by Customer or any Third Party before or after full payment is received. Service labor is charged on an hourly basis at the quoted labor rate and will be billed accordingly. Telephone tech-support will be billed at an hourly rate and billed in quarter hour increments. Non-special order items may be returned within 15 days of purchase for their full purchase value less a 25% restocking fee as long as they remain in “new” condition and are returned complete with all packaging, peripherals, documents and parts. Incomplete returns will not be accepted.

Insufficient Funds & Failure To Pay

Any payment not honored by your financial institution, i.e., insufficient funds, will incur a $25.00 fee plus bank charges. Satisfaction of deficient payments will be made within (3) three business days of notice of occurrence. Payment for such deficiency is required to be in the form of cash, (U.S. currency), a U.S. postal money order or certified bank check drawn on a U.S. bank made payable to FNI, LLC. While we do accept credit cards, they are not an acceptable form of payment for such a deficiency. Any amount not paid when due will incur interest at the rate of 1.5% per month, (18% per annum), as allowed by law. Failure to abide by these terms will be pursued to the fullest extent of the laws of the State of Oregon, Washington County, and applicable USA Federal Laws.

FNI, LLC Warranty & Support Policies

The following limited warranty protection covers failures due to defect in materials and workmanship supplied and installed by FNI. Warranty does not cover failures due to misuse, abuse, accidents, viruses, unauthorized parts or service, user error, vandalism, fire, electrical damage (surges or sags), flood, storm, earthquake, or any other acts of God or for failures that result from the use of products, services, or software that is not installed by FNI. Failure to adhere to all aspects of this agreement may result in loss of coverage under limited warranty.

New Products & Used Products

New Products are covered solely by the manufacturer’s warranty; FNI does not imply or offer additional coverage or support of any kind. Any failures not due to defect in materials and workmanship or other events not covered by the manufacturer’s warranty will be billed at our normal labor rates in effect at the time of service if we are enlisted by customer to do work or repairs. Any used product purchased from FNI, LLC is sold “AS IS” and is not covered by any warranty expressed or implied of any kind unless provided in writing by FNI, LLC before the time of purchase. Sales of all used or refurbished products are final. They are non-returnable, non-refundable and cannot be exchanged unless stated otherwise in writing by FNI, LLC before time of purchase.

Warranty Repair

FNI, LLC is currently an Authorized Service Provider for Toshiba laptops. Warranty repairs will be performed at our location by our technical service department. On-site Warranty repairs are not offered at this time. Any Warranty repairs, parts or services provided by FNI, LLC and disallowed, rejected, or otherwise unpaid by Toshiba are the sole responsibility of customer to pay. Warranty repairs performed by FNI, LLC are covered by our 30 day guarantee against recurrence of the same issue through failure of our workmanship only. If the same issue should occur within 30 days of when our work was performed because we failed to rectify it through our work performed or not performed there will be no additional labor charged to correct the issue. Any hardware, software or other parts used in the repair process are covered solely by their respective manufacturers.

Non-Warranty Repair

Non-Warranty repairs will be performed at our location by our technical service department. On-site Non-Warranty repairs may be performed by our technicians when possible and billed at our normal on-site rate and may incur call out charge(s). Any Non-Warranty repairs, parts or services provided by FNI, LLC are the sole responsibility of customer to pay. Non-Warranty repairs performed by FNI, LLC are covered by our 30 day guarantee against recurrence of the same issue through failure of our workmanship only. If the same issue should occur within 30 days of when our work was performed because we failed to rectify it through our work performed or not performed there will be no additional labor charged to correct the issue. Any hardware, software or other parts used in the repair process are covered solely by their respective manufacturers.

FNI, LLC Labor & Technical Support

We will attempt to provide the service, solutions, and support specified on the work order(s) we receive. Any technical support, labor, repairs, parts or services provided by FNI, LLC are the sole responsibility of customer to pay. Labor, services or technical support performed by FNI, LLC is covered by our 30 day guarantee against recurrence of the same issue through failure of our workmanship only. If the same issue should occur within 30 days of when our work was performed because we failed to rectify it through our work performed or not performed there will be no additional labor charged to correct the issue. Any hardware, software or other parts used are covered solely by their respective manufacturers.

Manufacturer's Warranty

Manufacturers often supply warranties on their own. These warranties are provided by the individual manufacturer and are documented in the literature supplied that accompanies all new systems and peripherals. Administration of a manufacturer’s warranty is handled through the individual manufacturer and not through FNI.

FNI, LLC Store Credit, Repair & Replacement Policy

FNI, LLC prides itself on providing only the highest quality products. If a new product is defective, please contact us immediately to receive an RMA. FNI, LLC reserves the right to determine if a product will be repaired or replaced and is not responsible for repairing or replacing any item damaged by the customer. Returns will not be accepted after (30) THIRTY days of original invoice date or delivery of goods whichever occurs first.

FNI, LLC does not offer refunds on Special Orders. Special Order items that are not normally stocked by FNI, LLC cannot be returned. Any exception to this policy will be at our sole discretion and will be subject to a 25% restocking fee. Manufacturers may allow defects to be handled directly through them. Customer must follow Manufacturers return policies if this becomes necessary. Any shipping errors must be reported immediately upon receipt and returned to FNI, LLC within (7) SEVEN days in unopened, resalable condition and must meet all other return criteria.

FNI, LLC Return Policy

After (30) THIRTY DAYS, all Authorized Returns will be for Repair or Replacement only and must meet all of the above Policy and the following:
Must include all original shipping packaging, warranty misc., manuals, paperwork, software and accessories.
Unopened if applicable
When returned by mail, in addition to all other previously defined terms, it must be packaged according to manufacturer specifications. It must be sent to FNI freight pre-paid and properly insured. FNI is NOT responsible for any products lost or damaged in shipment to or from FNI.

The return will be rejected if the return is incomplete, the original packaging is damaged, the product is damaged from use or misuse or for any reason the return is not in a resalable condition. Failure to adhere to this return procedure may result in RMA refusal and rejected merchandise will be returned at customer expense.

FNI, LLC does not guarantee software, system, accessory or peripheral compatibility unless recommended, installed and configured by FNI. We guarantee that any repairs, upgrades or software we recommend, install, and configure will function properly upon work completion. It is the customer’s responsibility to inform FNI, LLC of any accessories, software, or peripherals that customer needs to use or may want to use with a system that is being purchased, repaired, optimized (tuned up) or upgraded. Failure to follow or adhere to the recommendations, usage guidelines, or instructions of FNI will void any liability of FNI.

Any item, statement, assertion, or part of this agreement that is found to be unenforceable by law shall be interpreted to be enforceable to the fullest extent allowed by law and shall NOT in any way invalidate any other portion of the remaining agreement this is enforceable by law.

In the event that any provision of this Agreement shall be held to be invalid, illegal or unenforceable, this Agreement shall not be deemed void or voidable, but such provision shall be severed and the Agreement will be reformed as nearly as possible to be in accord with the parties' original intentions without the severed provision.

No waiver by a party of any default in or breach of any provision of this Agreement by the other party shall constitute a waiver of prior, concurrent or subsequent defaults in or breaches of the same of any other provisions hereof, and no waiver by any party shall be effective unless in writing and signed by an authorized representative of the waiving party.

Dispute Resolution

Negotiations and Good-Faith Resolution: Customer agrees to use reasonable Good-Faith efforts to settle any dispute arising between and/or governed by the provisions of This Agreement by amicable means and to use Arbitration or other Legal Action only as a last resort. Customer agrees to notify FNI, LLC of a dispute or concern in writing, citing all pertinent provisions of the agreement and provide reasonable detail(s) of the factual basis of and for the dispute. Upon notification of the dispute both parties agree to meet promptly in person, or by telephone, to attempt to resolve the dispute. If an amicable resolution cannot be found that satisfies the Dispute of the Customer then Customer Agrees to pursue Arbitration before any other legal action. Arbitration: Any dispute(s) arising from this Agreement shall be settled by Arbitration in accordance to the rules of the American Arbitration Association then in force. CUSTOMER FURTHERMORE UNDERSTANDS AND AGREES NOT TO POST AND/OR PUBLISH COMPLAINTS AND/OR NEGATIVE REVIEWS AND/OR REGISTER COMPLAINTS WITH ORGANIZATIONS AND/OR AFFILIATIONS WITHOUT FIRST ALLOWING FNI, LLC A CHANCE TO ADDRESS THE CONCERN AND/OR RESOLVE THE DISPUTE OR COMPLAINT AMICABLY.

Notices shall be considered given under this Agreement when seven days have elapsed after Changes have been Posted to the Terms Of Services web page or when delivered in person or by overnight courier or by receipt confirmed e-mail when seven days have elapsed after receipt confirmation or when seven days have elapsed after deposit of the same by certified or similar mail with the official postal service of the country from which it is sent, postage prepaid, correctly addressed to the other party, at the address shown on the first page of this Agreement or at any subsequent address of which the party to whom the notice is being sent has notified the sending party as provided herein.

FNI, LLC reserves ALL Rights to assign or otherwise transfer all or any interest under this Agreement to a third party without the prior written or verbal consent of Customer. Customer understands that they may not assign or otherwise transfer all or any interest under this Agreement to a third party without the prior written consent of FNI, LLC and that such a transfer and/or consent will only occur at the sole discretion of FNI, LLC.  This Agreement shall be binding on the parties involved and their respective successors to the maximum extent allowed by law.
This Agreement constitutes the complete agreement of the parties with respect to its subject matter.  This Agreement supersedes and replaces all previous communications, representations or agreements, either oral or written, between the parties involved.  Additional, differing or conflicting terms or provisions in any purchase order or other document issued in connection with this Agreement shall not apply unless separately agreed to in writing by the parties involved.  <FNI reserves the right to update, alter, and make changes to this agreement as deemed necessary by FNI.>

This Agreement and all transactions hereunder shall be construed and interpreted in accordance with and governed by the internal laws of the State of Oregon, United States of America, without regard to that state's conflict of laws principles.  Jurisdiction and venue for any action or suit arising under this Agreement shall be exclusively with the appropriate state and federal courts located in Washington County, State of Oregon, United States of America.  The United Nations Convention of the International Sale of Goods and the United Nations Convention on Statutory Limitations will not apply to This Agreement.

Customer Statement And Acceptance Of Terms Of Service Agreement

I, the Customer, authorize FNI, LLC to perform labor and provide services or products agreed upon verbally and/or in writing and have verified the accuracy of the information contained within my order and/or service request. I, the Customer, understand and agree to all the terms and conditions of the FNI, LLC Terms Of Service Agreement. I understand and agree that FNI, LLC is not responsible for any data loss that may occur while my equipment is in their care. I understand that my equipment may be disposed of as they see fit if it is not picked up within 90 days after the date of service completion. I understand that this disposal does NOT relieve me of my obligation to pay for goods or services I have authorized FNI to provide, but that any amount of compensation FNI may obtain from the donation or sale of my equipment shall be directly deducted from my balance owed. I understand that I am responsible for paying for all products and services that I authorize for the completion of work performed. I understand that FNI, LLC reserves the right to put a lien on my equipment, repossess or remotely disable products including both hardware and software, and take legal action until my balance is paid in full if my account should become (30) THIRTY DAYS or more delinquent in addition to the assessment of any and all stated late fees. I, THE CUSTOMER, UNDERSTAND AND AGREE TO ALL THE TERMS AND CONDITIONS OF THE FNI, LLC TERMS OF SERVICE AGREEMENT.