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United States Sales Policies

TERMS: Terms are Net 30 days with approved credit.

MINIMUM ORDER: There is no minimum. Small orders are costly to process so please consolidate your orders as much as possible.

SHIPPING: The Douglas Stewart Company pays ground freight on all orders. All orders are shipped freight prepaid, F.O.B. destination, to any single location within the contiguous United States or port of embarkation. Orders valued less than $500 at dealer cost will include a $7.95 service fee. All orders under $500 placed via EDI or online at www.dstewart.com will have a reduced service fee of $5.95. We offer optional overnight or 2-day shipping service at an additional charge. We reserve the right to limit prepaid freight to 10% of the value of the order. Carrier charges for addresses incorrectly provided to DSC will be billed back to the reseller. Separate Sales Policies apply for Canada, AK, HI, PR, VI, and Guam.

Shipments to Alaska and Hawaii: DSC's standard shipping policies apply to point of embarkation.
Alaska and Hawaii customers pay actual freight beyond embarkation including taxes or other fees related to the shipment. DSC will pay all freight charges at the current UPS ground rates on shipping charges to the embarkation point. Method of shipment will be at the discretion of DSC. Most Computer Products orders will be shipped via UPS 2nd Day Air. Backorders will ship complete under the same Sales Policies as above. Standard processing fees apply.

Shipments to Puerto Rico, Virgin Islands, and Guam:
Only Computer products will be sold to customers in Puerto Rico, Virgin Islands, and Guam. A $25.00 processing fee will be assessed on all shipments. Customers pay actual freight beyond embarkation including taxes or other fees related to the shipment. DSC will pay all freight charges at the current UPS ground rates on shipping charges to the embarkation point. Method of shipment will be at the discretion of DSC. Backorders will ship complete with the same Sales Policies listed above and will be assessed the additional $25.00 processing fee. Shipments to Puerto Rico, Virgin Islands and Guam are limited to computer products.

EDI AND ONLINE ORDERS:
All orders under $500 placed via EDI or online at www.dstewart.com will have a reduced service fee of $5.95. The reduced fee will be automatically calculated on eligible orders.

PRICING:
All prices are subject to change without notice. All sales are subject to applicable taxes. Current pricing available at www.dstewart.com

SPECIAL VENDOR REQUIREMENTS:
Adobe Systems Inc. requires that its software titles which are packaged as Collections be sold intact and not separated. Adobe specifically prohibits resellers from selling Collections contents separately, renting or leasing its educationally priced software titles.

PRICE PROTECTION:
When a manufacturer lowers the price of an item and offers price protection to the channel, we proactively offer price protection to you for products purchased from DSC. Each manufacturer dictates strict guidelines for offering price protection, including purchase look-back periods ranging from 30-120 days, inventory report requirements and the period for submitting claims. DSC will notify you of specific requirements for each price protection, including the eligible purchases. We are only able to process price protections which strictly adhere to the manufacturer requirements including inventory reporting requirements, look back periods, and submission deadlines. DSC will not apply price increases to: a) orders that ship and invoice before the date of price increase, or b) unshipped orders with immediate requested ship dates that are entered in our system before the date price increase is announced.

BACKORDERED ITEMS:
Items that are out of stock are automatically backordered and shipped freight free when they become available. If residual backorders are less than $25.00, they will be cancelled and you will be notified to reorder. Backorders more than 60 days old are subject to cancellation. Upon request, DSC may notify you when unshipped orders have been cancelled.

FREIGHT CLAIMS:
It is very important to inspect your shipment when it arrives and note discrepancies on the freight bill at the time of delivery. We cannot process claims for shipments signed as complete and undamaged later found to be incomplete or damaged. Check the package for damage or pilferage before the carrier leaves. Report claims for damage or short shipments to DSC at 800-279-2795 or via our Discrepancies web form within 7 days of receiving your shipment. If you sign for your shipment and then find concealed damage, such as torn product packaging or broken products, call the delivering carrier for a damage inspection, then notify us. Retain all shipping materials for inspection.

INVOICE DISCREPANCIES:
All invoice discrepancies including price adjustments, processing fees and other add-ons must be disputed within 30 days of invoice.

FINANCE CHARGES:
Terms of sale are cash, unless credit is approved. Approved credit sales terms are thirty days net. Finance charges may be assessed on undisputed past due balances at a periodic rate of 1.5% per month (Annual Percentage Rate 18%). Reseller shall be obligated to pay costs and expenses of collection, including reasonable attorney fees.

MARKETING:
By having an account with DSC, you are giving us express permission to fax and email you unsolicited advertisements. You can withdraw that permission at any time by giving us written notification addressed to: Marketing Department, DSC, 2402 Advance Road, Madison, WI 53718. For quality assurance purposes, phone calls may be monitored or recorded.

The Sales Policies are those specified in this document, but are subject to change and will be reflected on our web site www.dstewart.com.

No additional or different provisions contained in Reseller's purchase orders or other business forms shall be of any force or affect whatsoever under any circumstances, and DSC's failure to object to any such provisions shall not be deemed a waiver of its rights under this paragraph.

RETURNS
General Information:
Should you need to return products, make sure you ask for a return authorization (RA) number. Your RA number is valid for 30 days and must be clearly marked on the outside of all return packages. You must allow for in-transit time, as DSC must physically receive the products within 30 calendar days of RA issuance. With the exception of shipping errors, return freight is the reseller's responsibility. Overstock merchandise must be in new, resalable condition. Refurbishing of returned items (removing price tags or residue, replacing packaging, etc.) will be billed for time and materials or at DSC's discretion, the product will be returned to the reseller. Credit will be issued at current reseller cost, minus any previously issued credits, not to exceed original invoice cost.

Our Shipping Errors:
Call customer service for return authorization, and then simply return the items with RA # on outside of box. We will credit you at invoiced cost including transportation charges via the least expensive way. Shipping errors must be reported within 30 days of receipt.

Returns of Free Goods, Demonstration Product and Not for Resale Product:
If returning a product that was purchased in conjunction with a promotion providing free product (i.e. a buy 4, get 1 free promotion) the first product returned is considered to be the free product. Demonstration and Not for Resale (NFR) products are not returnable.

Special Orders:
Upon request we will special order product not on our current price list. Special orders may take 3-5 weeks to deliver. We do not accept returns on special order product.

Returns Policies for School and Dorm Supplies and Consumer Electronics
Overstock Returns:
Overstock returns are permitted for current merchandise if the product was purchased from DSC within the prior 6 months. Merchandise must be unopened to receive credit. Merchandise must be returned in round buy quantity. Emblematic product is not returnable. Dated goods and iPod/MP3 Cases are subject to additional restrictions. Products with expiration dates such as film, batteries and medicines cannot be returned within 6 months prior to the expiration date printed on the product package. Any product returned within 6 months of expiration date will be returned to the reseller. See separate Sales Policies below for defective items.

Discontinued Product Returns:
Returns of school and dorm supplies and consumer electronics products that are not listed in the current price list are allowable for a period of 6 months from date of invoice.

Defective Merchandise:
Current product found to be defective will be credited at invoiced cost. Discontinued consumer electronics and school supplies later found to be defective are returnable for a period of 6 months from date of invoice.

Returns Policies for Computer Software
Overstock Returns:
Overstock quantities of current software titles may be returned if the product was purchased from DSC within the prior 12 months. Merchandise must be unopened to receive credit. Demonstration products are not returnable.

Discontinued Product Returns:
Discontinued product may be returned if the product was purchased from DSC within the prior 12 months subject to the following conditions. If you wish to return discontinued product, you must contact customer service for return authorization (RA) within 30 days of the date of notification of product discontinuation. Your RA number is valid for 30 days and must be clearly marked on the outside of all returned packages. You must allow for in-transit time, as DSC must physically receive the products within 30 calendar days of RA issuance.

Defective Returns:
Current software titles found to be defective can be returned within 12 months of purchase from DSC. Returned software must include all packaging, media, and manuals for credit to be issued. If the product has been discontinued you must contact customer service for return authorization (RA) within 30 days of notification of product discontinuation.

Returns Policies for Volume Licensing
Software Volume Licensing:
All software volume licensing returns are subject to acceptance of the return from the manufacturer. Manufacturers' policies are available on our Web site. Contact our licensing department for return authorization requests. No returns will be accepted beyond 30 days of invoice.

Returns Policies for Computer Hardware and Peripherals:
Including PDA's, Network Adapters, Art Tablets, Digital Cameras and Peripherals
All products in this category may be subject to acceptance of return by the manufacturer. You may return each calendar quarter as overstock, discontinued, or defective up to 10% of your previous calendar quarter's net dollar purchases calculated separately for each product line. Discontinued products can only be returned within 30 days of the date of notification of product discontinuation. Defective products can only be returned within 12 months of purchase from DSC. Returns in excess of 10% of your previous quarter's purchases require a 1:1 stock balancing order of the same manufacturer's products (e.g.: Palm must be stock balanced with other Palm product).

ALL RETURNS MAY BE SUBJECT TO MORE RESTRICTIVE MANUFACTURER POLICIES.

Special Terms and Conditions
Dated Goods: Returns are subject to maximum allowable return percentages. Call for complete details.
Emblematic Product: Emblematic Product is not returnable.
iPod/MP3 Cases: Overstock returns are permitted on current merchandise if the product was purchased from DSC within the prior 3 months.

Many manufacturers have special terms and conditions. This includes all software licensing, Autodesk, Dell, Knowledge Adventure, Wolfram Research, and others. For a complete list, see our Web site or call for details.

Computer Products Notifications - New Products, Discontinued Products, Price Changes
You may request notification by either fax or email. We send notifications on or about the 1st and 15th of each month. Notifications list discontinued products which your account has purchased during the previous 12 month period. You can also view a complete list of discontinued products, price changes, and new items at www.dstewart.com. This listing is updated twice per month.

Terms and Conditions:

Certain educationally priced products purchased under this agreement may be resold ONLY to non-profit, accredited educational institutions (K-12; college or other higher education institution; school districts) within the United States, and to individuals who are currently enrolled as full time or part time students, faculty or instructional staff of accredited educational institutions with valid ID. RESELLERS' ELIGIBILITY TO PURCHASE THESE PRODUCTS MAY BE LIMITED BY CONDITIONS IMPOSED BY THE LICENSOR OR MANUFACTURER, such as appointment by the licensor/manufacturer, record keeping, quantities per customer, proof of customer eligibility, etc.
DSC MAY REFUSE TO DO BUSINESS WITH ANY RESELLER OR LIMIT SALES TO ANY RESELLER, AT ANY TIME, IN ITS SOLE DISCRETION.
DSC's current Sales Policies apply to all purchase transactions and are subject to change without notice. Sales Policies document may be found on our web site www.dstewart.com. No additional or different provisions contained in Reseller's purchase orders or other business forms shall be of any force or affect whatsoever under any circumstances, and DSC's failure to object to any such provisions shall not be deemed a waiver of its rights under this paragraph.
RESALE EXEMPTION CERTIFICATES REQUIRED: Reseller agrees to be responsible for any and all sales and use taxes if applicable. Reseller agrees to provide DSC with a current Resale or Tax Exemption Certificate for the state(s) and/or Canadian province(s) in which their business is operated and/or to which product is shipped by DSC. DSC's Resale Exemption Certificate Policies are subject to change. Complete up-to-date details may be found at www.dstewart.com.
MARKETING: By having an account with DSC, you are giving us express permission to fax and email you unsolicited advertisements. You can withdraw that permission at any time by giving us written notification addressed to: Marketing Department, DSC, 2402 Advance Road, Madison, WI 53718. For quality assurance purposes, phone calls may be monitored or recorded.
DSC MAKES NO WARRANTY OR REPRESENTATION TO RESELLER OR ANY THIRD PARTIES CONCERNING THE OPERATION OF THE PRODUCTS. DSC EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRODUCT WARRANTIES, IF ANY, ARE PROVIDED BY THE MANUFACTURER OR PUBLISHER OF THE PRODUCTS. IN NO EVENT SHALL DSC BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEGED TO HAVE RESULTED FROM BREACH OF ANY WARRANTY.
DSC'S LIABILITY FOR DAMAGES IN ANY ACTION RELATING TO THE USE OF A PRODUCT ARISING FROM PURCHASES MADE UNDER THIS PROGRAM SHALL NOT EXCEED THE AMOUNT PAID BY RESELLER FOR THE COPY OF THE PRODUCT AT ISSUE. IN NO EVENT SHALL DSC BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE PRODUCTS, OR THIS PROGRAM, REGARDLESS OF THE FORM OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DSC SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS RESELLER FROM AND AGAINST ANY OR ALL DAMANGES AND COST INCURRED BY RESELLER ARISING FROM THE INFRINGNMENT OF PATENTS OR TRADEMARKES OR THE VIOLATION OF COPYRIGHTS BY PRODUCTS
Reseller hereby consents to the jurisdiction of the State of Wisconsin, County of Dane as a forum for resolving disputes or the enforcement of the terms and conditions stated herein, including suits for collection. Reseller shall be obligated to pay costs and expenses of collection, including reasonable attorney fees. The laws of Wisconsin shall govern these terms and conditions. Products not restricted by paragraph 1 (not limited to resale to academic purchasers) or otherwise subject to manufacturer's restrictions may be purchased by Reseller from DSC, and shall be governed by paragraphs 2-10 herein.


SUGGESTIONS:
The Douglas Stewart Company wants to be your preferred supplier. Many of our best ideas have come from our customers, so please send us your suggestions. We appreciate your business. We know you have choices and we will continue to work diligently to make DSC your first choice.