Terms & Conditions

Effective Date: May 25, 2018

  1. Introduction. DN Printer Solutions, LLC (the “Company”) refurbishes printers acquired from surplus dealers for resale to Retailers and directly to the general public.  The Company strives to set the standard for printer refurbishing while practicing environmentally responsible disposal methods. All transactions entered into with a Customer of the Company and all Products sold by the Company are subject to these Terms and Conditions and are binding upon the Company and the Customer (all persons or entities ordering or Purchasing products from the Company, whether an end-user or Retailer, are hereinafter referred to as “you” or the “Customer”).  As used herein, the term “Retailer” means any person or entity who purchases Products from the Company with the intent to resell those Products. Retailers agree to all of these terms and conditions, including the additional terms set forth in Section XIII below.
  2. Online and In-store Sales. The Company sells printers and related equipment through its Amazon and E-Bay internet stores and also directly through its store located at 175 East King Street, Suite 6 Ephrata, Pennsylvania 17522.  All products sold by the Company (“Product or Products”) are subject to these Terms and Conditions and are binding upon the Company and the Customer.  BY PURCHASING A PRODUCT FROM THE COMPANY, OR PLACING AN ORDER THROUGH ANY OF ITS STORES, INCLUDING INTERNET STORES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION CLAUSE BELOW.
  3. Changes to Purchase Orders. If a Purchase Order is issued for a sale of a Product, no modification, alteration or amendment of Customer’s Purchase Order shall be effective unless memorialized in a written change order agreed to by both Company and Customer. Customer will be responsible for any charges associated with such change orders initiated by Customer.  
  4. Other Agreements. In the event of a conflict between these terms and conditions and the terms and conditions of any other third party (e.g., E-bay, Amazon), You agree that these terms and conditions shall control.  Any additional, different, or conflicting terms and conditions on any documents issued by Customer at any time are hereby objected to by Company and shall be wholly inapplicable to any sale made hereunder and shall not be binding in any way on Company.  
  5. Effective Date. These terms are effective on the date set forth above and are subject to change without prior notice to Customer. These terms shall apply to all services provided by and Products sold by the Company. Customer agrees that the version of these Terms in force at the time of purchase will apply to the Product purchased.  The most current version of the Terms is published on the Company’s website at https://www.dnprintersolutions.com/home
  6. Refunds and Returns. Products purchased from Company may only be returned in accordance with Company’s return policy which is set forth below:
    • Customer shall provide a dated receipt issued by Company, written confirmation of payment, or order ID as proof of purchase,
    • All shipping costs incurred due to return of a Product, including insurance, shall be paid by Customer. Customer assumes all risk of loss or damage to Products while in transit to Company.  
    • Failure to return the Product in accordance with these Terms and Conditions within 90 days after delivery constitutes acceptance of the Product.  
    • All returns shall be delivered or shipped with shipment prepaid to Company’s facility at 175 East King Street, Ephrata, Pennsylvania 17522 in the original packaging or equivalent.  
    • A 20% restocking fee will be assessed by DN Printer Solutions on a “per-item” basis for product returned for the following reasons:
      • Customer did not want product for any reason (Any reason besides defective)
      • Customers are responsible for all shipping and handling costs.
      • Customer refused delivery of product Product is returned without functionality defect(s)
      • Product is returned missing one or more accessories and/or components
      • Product is returned and is in full functioning order.
      • Serial numbers do not match.
      • All non-product related fees (shipping, handling, transactions, payment processing and insurance) are non-refundable.
  7. Limited Warranty. All Products that are refurbished by the Company are warranted to be in good working condition for ninety (90) days following the purchase of the Product.  Products that have not been refurbished by the Company are purchased “As-Is” and are not warranted.  
  8. Exclusion of Implied Warranties of Fitness and Merchantability. SUBJECT TO THE NINETY-DAY LIMITED WARRANTY FOR REFURBISHED PRODUCTS SET FORTH IN SECTION VII ABOVE, COMPANY MAKES NO WARRANTY THAT PRODUCTS SOLD HEREUNDER ARE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE.  COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR REVENUE, OR COSTS OF COVER, RESULTING FROM COMPANY’S PERFORMANCE OR FAILURE TO PERFORM, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICES SOLD PURSUANT HERETO. 
  9. Release and Limitation of Liability. CUSTOMER HEREBY AGREES TO FOREVER RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY COMPANY AND ITS AGENTS, MEMBERS, MANAGERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS FOR INJURIES OR LOSS, INCLUDING ATTORNEYS’ FEES, CAUSED OR ALLEGED TO BE CAUSED TO PERSONS OR PROPERTY, IN WHOLE OR IN PART, WHICH ARISE FROM OR ARE RELATED TO PRODUCTS SOLD BY THE COMPANY OR THE SERVICES THAT COMPANY PROVIDES TO CUSTOMER.  CUSTOMER UNDERSTANDS AND AGREES THAT COMPANY IS NOT RESPONSIBLE FOR TRASPORTING OR DELIVERING PRODUCTS TO THE CUSTOMER AND FURTHER AGREES TO INDEMNIFY COMPANY FROM ANY CLAIMS OR DEMANDS RELATED TO PRODUCTS DAMAGED IN TRANSIT TO CUSTOMER.  CUSTOMER AGREES THAT COMPANY’S LIABILITY SHALL, IN ALL CASES, BE LIMITED TO THE LESSER OF THE VALUE OF THE PRODUCT or THREE HUNDRED DOLLARS ($300.00). NO EMPLOYEE, AGENT, SUBCONTRACTOR, OR REPRESENTATIVE OF COMPANY, OTHER THAN AN OFFICER OF COMPANY MAY WAIVE OR ALTER ANY OF THE LIMITATIONS ON LIABILITY SET FORTH HEREIN AND ANY SUCH WAIVER SHALL BE IN WRITING AND SHALL BE SIGNED BY A DULY APPOINTED EXECUTIVE OFFICER OF THE COMPANY.
  10. Taxes. Prices of Products may not include customs duties, sales, use, excise, federal, state, or local taxes.  All such duties or taxes shall be paid by Customer, or, in lieu thereof, Customer shall provide Seller with an appropriate tax exemption certificate.
  11. Delivery and Title. Delivery shall be complete upon the Company placing the ordered Products in the hands of a third-party shipper for delivery to Customer.  Title to Products passes from Company to Customer when the Products are shipped from Customer’s store.  Software included with a Product may be governed by a license agreement provided by the owner(s) of the software that is included with the Product. Title to any software remains with applicable licensors.  Customer shall immediately pay Company the full amount of the purchase price, including taxes and fees, when purchasing a Product from Company.  Company shall have a general and continuing lien on any and all Products sold to Customer in an amount equal to the purchase price, taxes, and fees for the Product until all sums due Company are paid in full.  In the event of nonpayment of any sum due to Company, the purchased Product shall be promptly returned to the Company and may be held by the Company or disposed of at public or private sale, in satisfaction of all sums due and payable, including storage charges and with no further liability to Company.  If the proceeds of the sale are not sufficient to satisfy Company’s lien, the Customer shall remain liable for the balance of any unpaid charges.
  12. ARBITRATION. THE PARTIES AGREE THAT ANY CLAIM OR DISPUTE ARISING FROM OR RELATING TO THIS AGREEMENT MAY, AT THE SOLE DISCRETION OF COMPANY, BE SETTLED BY LEGALLY BINDING ARBITRATION IN ACCORDANCE WITH THE APPLICABLE RULES OF THE  LANCASTER BAR ASSOCIATION.  IF COMPANY ELECTS ARBITRATION, IT SHALL SERVE WRITTEN  NOTICE OF SUCH ELECTION UPON CUSTOMER.  ARBITRATION SHALL TAKE PLACE IN  LANCASTER COUNTY, PENNSYLVANIA.  ANY AWARD AND/OR DETERMINATION BY THE  ARBITRATIOR(S) SHALL BE FINAL AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE  WITH THE APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF.  THE PARTIES  UNDERSTAND THAT, IF COMPANY ELECTS ARBITRATION UNDER THIS ARTICLE, ARBITRATION  SHALL BE THE SOLE REMEDY FOR ANY CONTROVERSY OR CLAIM ARISING OUT OF THIS  AGREEMENT AND CUSTOMER EXPRESSLY WAIVES THEIR RIGHT TO FILE A LAWSUIT IN ANY CIVIL COURT AGAINST COMPANY FOR SUCH DISPUTES, WITH THE EXCEPTION OF THE ENTRY OF AN ARBITRATION AWARD AS SET FORTH ABOVE.   IF COMPANY DOES NOT ELECT ARBITRATION OR THIS ARBITRATION PROVISION IS DEEMED  INVALID BY A COURT FOR ANY REASON, YOU AGREE THAT THE LANCASTER COUNTY COURT  OF COMMON PLEAS IN LANCASTER, PENNSYLVANIA SHALL HAVE EXCLUSIVE JURISDICTION TO  HEAR AND DETERMINE ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THESE  TERMS OR YOUR PURCHASE OF A PRODUCT FROM THE COMPANY.  YOU EXPRESSLY CONSENT  TO JURISDICTION IN THE LANCASTER COUNTY COURT OF COMMON PLEAS AND YOU HEREBY WAIVE ANY OBJECTION THAT YOU MAY HAVE BASED UPON LACK OF JURISDICTION, IMPROPER VENUE, OR INCONVENIENT FORUM. 
  13. Additional Terms for Retailers. The following provisions shall apply to Retailers:
    1. Acceptance of Products. FAILURE TO PROVIDE WRITTEN NOTICE TO THE COMPANY OF ANY NONCONFORMITY OR OTHER ISSUE WITH A PRODUCT WITHIN FIVE (5) DAYS OF DELIVERY OF THE PRODUCT TO RETAILER SHALL CONSTITUTE ACCEPTANCE OF THAT PRODUCT. NOTICE THAT A PRODUCT IS REJECTED FOR NONCONFORMITY MAY BE EMAILED TO SALES@DNPRINTERSOLUTIONS.COM WITHIN FIVE (5) DAYS OF DELIVERY AS SET FORTH ABOVE.
    2. Indemnification from claims of End-Users. IN ADDITION TO ALL OTHER RELEASES AND INDEMNIFICATION PROVISIONS HEREIN, RETAILERS SHALL ALSO INDEMNIFY COMPANY AND ITS AGENTS, MEMBERS, MANAGERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS, FROM ANY CLAIM, LOSS, CAUSE OF ACTION, OR DEMAND OF AN END-USER/DIRECT CONSUMER.  RETAILERS ASSUME THE RISK OF ANY SUCH CLAIMS OF END-USERS/DIRECT CONSUMERS AND AGREE TO BE SOLELY RESPONSIBLE THEREFOR.  AS USED IN THIS INDEMNIFICATION PROVISION, THE TERM “END-USER” OR “DIRECT CONSUMER” MEANS ANY PERSON OR ENTITY PURCHASING A PRODUCT FROM A RETAILER.
  14. Waiver. Any failure to enforce or apply these Terms shall not constitute a waiver of any of these Terms, and such right, remedy, or power may be exercised from time to time as often as may be deemed expedient by Company.  No waiver or amendment to these terms and conditions shall be binding on Company unless made in a writing expressly stating that it is such a waiver or amendment and signed by a duly authorized representative of the Company.  The remedies of Company provided herein shall be cumulative and shall be in addition to any other or further remedies provided in law or equity.
  15. Assignment. You may not assign your rights or obligations hereunder without the express prior written consent of Company.
  16. Force Majeure. Company shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, strikes, late deliveries by suppliers or other incidents which are beyond the control of the Company.
  17. Enforcement and Controlling Law. These Terms, and the performance, rights and obligations ofthe parties under these Terms, shall be governed by, and construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania without regard to conflicts of law provisions.
  18. Entire Agreement. These Terms and Conditions constitute the entire agreement with regard to this sale and supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of Customer’s documents or purchase orders.  This agreement shall be binding upon the heirs, successors and assigns of the parties hereto.
  19. Severability. In the event any provision of these Terms and Conditions shall be held unconstitutional, unlawful or unenforceable, the remainder of these Terms and Conditions shall remain in full force and effect.