Terms and Conditions for Convergent Technology LLC.  

If you wish to speak directly to Convergent Technology over the phone,  please call (425) 513 5954.  We are open for business 8:30am PT until 5:00pm PT, Mon-Fri.

Terms and Conditions:
The following terms and conditions govern your use of this Site and the purchase of products by you through this Site. By using this Site, placing an  order with us, you are indicating your acceptance of the following terms and conditions (the "Terms and Conditions"). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Terms and Conditions at any time.

Order Acceptance Policy:
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline any order or limit the order quantity for any reason. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.  We reserve the right to refuse or decline any order for any reason.

Picture or Typographical Errors:
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, picture error, error in pricing or incorrect product information, we shall have the right to refuse or cancel any such order placed for products listed with this incorrect information.  We shall have the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Product Availability:
We cannot guarantee product availability and these items may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

Product Suitability:
Convergent Technology LLC does not warrant that  (a) the product  hardware or any associated software will meet the purchaser's expectations or requirements,  (b) that the operation of the product hardware or software will be uninterrupted or error-free, or (c) the product, when integrated in, or combined with, other products or software, will continue to perform substantially in accordance with the user documentation.

Shipping and Delivery:
Shipment of all products ordered via the Online Store is done from Convergent Technology LLC in the USA or products may be drop shipped by a supplier at our discretion.  Convergent Technology LLC uses various courier companies and customs agencies for deliveries. Convergent Technology LLC is not responsible for any shipping problems and shall not be held liable for any "reasonable" delay beyond our advertised delivery time-frames. Shipping timeframes are once the order has been processed. Due to high demand, order processing can take 1 to 3 business days.

The on-time delivery guarantee does not apply to shipments that are delayed due to causes beyond the couriers control, including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the shipment, delays caused by the consignee, acts of God, public authorities acting with actual or apparent authority on the premises, acts or omissions of Customs or similar authorities, riots, circumstances arising before, during, or after a strike or other labor disputes, civil commotions, disruptions in the air or ground transportation network (such as weather phenomena), and natural disasters. For more information on the shipping Limits and Restrictions visit the UPS and FEDEX websites at:

http://www.ups.com/content/us/en/service.html

http://www.fedex.com/cgi-bin/global_legal.cgi?cc=us&sc=/legal/

Back Order items:
Please feel free to order products indicated as "Back Ordered", but keep in mind that we will not deliver within typical shipping time-frames, nor can we set expectations of delivery time-frames, at time of order.  The Web based system will notify you of the out of stock / Backorder option and will allow you to proceed with a backorder or cancel your order.  If the purchase is made with a credit card it will not charged until we begin the process of filling your order which typically occurs the same day as shipment but timing of shipping may cause your credit card to be charged 24 hours before shipping in some cases.

Out of Stock items:
Out of Stock and out of production items should not allow this order to process.  Do not place orders for items marked "OUT OF STOCK". These orders will be not be processed and automatically cancelled.

Payment:
Payment of all items purchased via the Online store is by credit card, Pre-Paid Purchase Orders, COD, Google Checkout  or Wire Transfer. Credit cards accepted are VISA, MasterCard and American Express.  Credit cards are not charged until we begin the process of filling your order which typically occurs the same day as shipment but timing of shipping may cause your credit card to be charged 24 hours before shipping in some cases.  Special orders are an exception to this rule and charges will be made when the order is placed.  All products selected are charged in US Dollars. Taxes will be charged based on the shipping address. When we accept payment by Check or Money order the product will not be shipped until such time has passed that the check is cleared.  This clearing can take up to ten (10 ) days.  

Warranty:
Manufacturer's warranties are processed by the manufacturer.  For warranty questions, inquiries, or repairs, please contact the manufacturer.

Return Policy:

3 Day Exchange for Defective Products / DOA:

Convergent Technology LLC will exchange any unit within three days for manufacturer's defects / DOA.  This applies to the following or similar defects:

• Unit will not power on or take a charge
• Buttons do not work
• OS doesn't work
• Screen does not display
• Speaker does not work

The policy does not include any of the following defects or issues:

• USER DAMAGE - such as unit being dropped, chipped, lost, broken, etc.
• Poor cellular reception in your area
• User cannot configure email / data settings
• Device does not meet expectations
• User does not like the device

5 Day Customer Dissatisfaction Return Policy - 25% restocking fee:

Convergent Technology LLC will accept as a return any device or accessory within five days if the customer is dissatisfied, with a 25% restocking fee.  (Batteries and Software is not returnable) Additional fees may be necessary is not returned properly.  This applies to the following or similar issues:

• Customer does not like the phone / PDA.
• Device does not meet customers needs.
• Cannot configure device
• Simply wants to return it

Returns:

All returns require a Return Authorization number.  Please note that an RA number does not guarantee final disposition.  For an RA number (Return Authorization) send an email to customerservice@convertentech.com .  Indicate your name, order number, IMEI number and problem you are having with the device.  All returns are subject to inspection.  Pack the product in a shipping box with adequate packing material and tape the box securely.  Write the RA# issued by Customer Service clearly on the outside of the shipping carton.

*DOA-must be determined by a Convergent Technology Customer Care Representative. If the failure is determined to be the result of abuse, mishandling or improper use the product will be returned and shipping charges processed against the original credit card used in the purchase.

Products must be returned in NEW condition as shipped from the manufacturer.  Boxes, packing materials, wrappers, cartons, instruction manuals, warranty cards, accessories, DVD's, CD's, cables and other products must be in their ORIGINAL condition without markings, tape, folds or defacing.  Products returned in other than above condition will not be exchanged.  No exceptions

If Convergent Technology LLC does not receive your product within seven ( 7 ) days from the date the RA number was given, we will not be able to process your request.

Non Defective Products - Non Defective products are subject to a  25%  restocking fee.  Email customerservice@convergentech.com and request an RA number for the return.  This request for RA must be within seven ( 7 ) days of item delivery. 

Products must be returned in NEW condition as shipped fro the manufacturer.  Boxes, packing materials, wrappers, cartons, instruction manuals, warranty cards, accessories, DVD's, CD's, cables and other products must be in their ORIGINAL condition without markings, tape, folds or defacing.  Products returned in other than above condition will not be exchanged.  No exceptions

Return shipping must be prepaid and shipping is not refundable.

Batteries - Not refundable  

Software - Not refundable

Taxation:
All Washington state customers will be charged 8.9% sales tax.  To be in compliance with the tax laws of the state of Washington all Washington state residents will be contacted after the automated transaction takes place.  This will allow for tax rate adjustments to your specific local taxation rate as to where the product is shipped. Final invoices will be adjusted + or - dependent upon the shipping location.

International Orders:
Contact customerservice@convergentech.com if you wish to place an international order.  In some cases payment can be made with Google Checkout or if Google cannot confirm payment will be needed with a bank wire transfer. 

Customs:
Customers are responsible to pay duties, taxes, customs and other clearance fees for orders shipped outside the USA.  We will accurately prepare the Customs documents showing the actual value of the product purchased. 

LIMITATION OF LIABILITY:

CONVERGENT TECHNOLOGY IS NOT RESPONSIBLE FOR ANY INFECTIONS, CONTAMINATIONS, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, ERRORS, OMISSIONS, INTERRUPTIONS, OR DEFECTS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE MATERIAL PROVIDED AND/OR CONTAINED ON THIS SITE.

IN NO EVENT SHALL CONVERGENTECH.COM BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE INFORMATION OR MATERIALS ON, OR ACCESSED THROUGH, THE CONVERGENTECH.COM WEB SITE.

NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL CONVERGENTECH.COM'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNTS PAID TO CONVERGENTECH.COM BY YOU IN CONNECTION WITH THE TRANSACTION CLAIMED BY YOU TO GIVE RISE TO YOUR CLAIM.

APPLICABLE LAW:

By visiting Convergentech.com, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Convergentech.com.

DISPUTES:

Any dispute relating in any way to your visit to Convergentech.com or to products you purchase through Convergentech.com shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Convergentech.com's intellectual property rights, Convergentech.com may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Privacy:

We do collect the information given at the time of your order.  This information is not disclosed to any third party and is collected by Convergent Technology LLC.

All information is collected lawfully and in accordance with the Data Protection Act 1998.

If you wish to opt out of any marketing by Convergentech.com please email your details to customerservice@convergentech.com

Security:
On order processing pages we use a 128 bit SSL certificate. 

If you have any questions about security at Convergent Technology please contact Customer Service at Convergent Technology.  customerservice@convergentech.com

We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.

Right of Refusal:
We reserve the right to refuse or decline any order for any reason.

To Contact Us:
If you have any comments or questions, please do not hesitate to contact us via telephone at (425) 513 5954 or email us at customerservice@convergentech.com