3^RD PARTY ADVANCE SHIPMENT TERMS

Please read these terms carefully before using this site

This legal notice is an enforceable agreement between you and PNY Technologies, Inc. ("PNY"). All uses of this PNY website (the “Site”) are subject to the terms and conditions of this legal notice (the “Terms”). By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree, to be bound by these Terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these Terms, do not use this Site or download any Materials (as defined below) from it. Customer must contact technical support before signing terms.

1. The Advance Shipment must be authorized by PNY management.
2. Advance Shipments can only be accommodated within the Lower 48 states of the USA.
3. The customer must agree to pay a non-refundable $50 processing fee (Only if expedited shipment is requested. Quadro products are excluded from this fee) in addition to the cost of the part that is shipped in advance.
   1. The customer must provide a valid credit card number (Visa or MasterCard only) for the cost of the Part that is being shipped in advance.
   2. Only one cross ship RMA will be available at a time.
4. The customer will receive credit for the cost of the part only when the RMA part is received by PNY within a 30-day period from the Advance RMA issuance date and the part received by PNY does not have any Customer Induced Damage (CID).
   1. If the defective / RMA part is not received by PNY within a 30-day period from the RMA Issuance date, PNY reserves the right to refuse delivery and decline crediting the customer for the RMA part.
5. If damage is discovered that is not a Manufacturing defect, PNY will not cover the product under warranty at which time the customer will have the following options:
   1. Keep the advanced part and the charge will not be reversed.
   2. The Part that was advanced may be sent back to PNY provided it is in the same condition cosmetically and functionally when shipped to customer. Once received by PNY a credit will be given for the part only (not any shipping or handling fees).
   3. Customer will have the option of receiving the RMA part customer sent to PNY card back or allow PNY to dispose of the product.

PNY is not responsible for lost or misdirected mail. Customer is responsible for all shipping costs outlined herein (including, where applicable, when customer ships from outside the United States, incurring potential costs such as freight, duty, customs fees and taxes).

Customer’s request and acceptance of an Advance Shipment option shall be deemed full understanding and acceptance of the terms set out here. At PNY’s discretion, customer may be required to electronically sign an acknowledgement of these terms.