Terms & Conditions


“Reseller” shall mean the party listed above in any Application, whether attached to this Agreement or not.

“Agreement” shall mean these Terms and Conditions of Sale, including any Reseller Application attached hereto.

“Application” shall mean the U.S. Reseller Credit Application(s) and any other separate Order Form which shall be governed collectively by the terms set forth herein.

“Product” shall mean any hardware ordered from Mount-It! PRO by Reseller and described in any Purchase Order.

“Mount-It! PRO“ shall mean Mount-It! – a Transform Partners company.

Orders; Term; Termination

All orders for the Product (“Product Orders”) must be placed through this signed Agreement. No Product Orders are binding on Mount-It! until an authorized representative of Mount-It! has signed the Agreement.

The terms and conditions of this Agreement, including the Product Price, are subject to approval of a credit check and other verification processes regarding Reseller.

The Agreement is binding on Reseller upon signature by Mount-It! Once the Agreement is binding no cancellation or modification by Reseller will be accepted and the first payment thereunder will become due.

All Product Orders placed with Mount-It! imply full and unreserved acceptance by Reseller to these Terms and Conditions of Sale and the attached Application(s), to the exclusion of any other document. Reseller expressly agrees that it waives its own terms of purchase or any other document originating from Reseller or its agents, affiliates, or subsidiaries incidental to this Agreement.

Notwithstanding the foregoing, Mount-It! reserves the right to revoke this Agreement for non-compliance or breach at any time. If a Reseller fails to pay any invoice when due or if Reseller defaults, breaches, or repudiates this Agreement or any other agreement with Mount-It! or if Reseller shall become insolvent, then Mount-It! shall have the right to cancel this Agreement and/or any other agreements with Reseller in which event Mount-It! shall be released from its obligation to deliver or otherwise perform under the Agreement and Reseller shall be liable for any and all damages to Mount-It!, including attorneys’ fees and expenses.

Mount-It! shall not be responsible for such other agreements and shall not be responsible for or assume any obligations thereunder, including cancellation fees, which Reseller may incur under such other agreements.

Price; fee

Based on the approval of any Application, the Price of the Product (“Price”) will be indicated to the Reseller. The Price quoted is a base price for the Product and does not include any applicable taxes, insurance, shipping, or other costs or fees that may be imposed by Mount-It! The Price of the Product is valid for sixty (60) days. Any discounts, rebates, or other promotions are subject to change.

Reseller acknowledges and accepts that, in certain instances, it may receive different quotes depending on the Application(s)’ approval. All rates are subject to change at any time, at the sole discretion of Mount-It! Reseller may contact Mount-It! to inquire about its current rates.

Payment Terms

Payments of the Price for the Product as set forth in the Application(s).

If Reseller fails to pay by the date due, Mount-It! (i) expressly reserves the right to refuse to provide the Products until all the Price due is paid in full, and (ii) expressly reserves the right to engage a third party in its collection efforts. Reseller shall indemnify Mount-It! for any fees, costs, or other amounts incurred by Mount-It! in its or a third party’s collection efforts, including attorneys’ fees. 

Unpaid invoices shall become delinquent thirty (30) days after the invoice date and shall incur a late charge of 1.5% per month.

Reseller hereby authorizes Mount-It! to secure a Credit Report and the release of credit information, including Reseller’s credit history. This authorization shall be ongoing.

Delivery; Shipping

Delivery dates or times, if any, are indicated for information purposes, do not constitute a term of this Agreement, and shall not entitle Reseller to cancel the order, to assess penalty fees or any other form of compensation, or to refuse to perform under this Agreement.

Should Reseller require expedited delivery service, Reseller shall bear the additional cost.

Risk of loss passes to Reseller upon Mount-It! delivering the Product to the common carrier for delivery, or upon delivery to Reseller by Mount-It! personnel, whichever applicable.

Acceptance; Returns

After the Product is delivered to Reseller, Reseller inspects the Product. Reseller shall sign a Delivery & Acceptance Acknowledgement, upon which date the Product shall be considered accepted by Reseller (“Acceptance Date”).

All claims made by Reseller for any defects, non- conformity, loss, damage, errors, late or non-delivery of Products sold by Mount-It! under the Agreement shall be made in writing and delivered to MOUNT-IT! within fourteen (14) days of the Acceptance Date.

Such written notice of claim shall specify all claimed defects, non-conformities, losses, damages, errors or shortages in the Product, and the Order Number under which the Product was shipped. Upon receipt of the written notice of claim, Mount-It! shall have the right to inspect the Product. Such failure by Reseller to give timely written notice shall constitute an irrevocable acceptance of Products and an admission that Mount-It! fully complies with all the terms, conditions and specifications of the Agreement. The written notice shall include a request for a Return Material Authorization (RMA) number from Mount-It!

Mount-It! shall provide Reseller with the RMA number within fifteen (15) days of receipt of the request.

No refunds, exchanges or returns will be accepted for reasons other than defects, non-conformity, loss, or damage. Transportation costs due to the return of Products to Mount-It! shall be at the expense of Reseller.

Products unaccompanied by a valid RMA number and a fully completed return form will be sent back to Reseller and transport cost invoiced.

Liability; Warranties; Force Majeure

Seller warrants that all Products are in conformity with the agreed specifications for the then current version and that the Products are free from faults in manufacture and materials for a period of ten (10) years.

Seller does not warrant that the Products, or hardware within the Products shall operate uninterrupted or without error. Any Warranty granted herein will be void on Products that have been subjected to abuse, misuse, accident, alteration, neglect, unauthorized repair or installation, in Mount-It!’s sole discretion. Seller shall make the final determination as to the existence and cause of any alleged defect.

Mount-It! shall, in its own discretion, either repair or replace the defective Products or refund the purchase price for the return of the defective Products.

The warranty mentioned above is the only warranty Mount-It! makes with respect to the Products delivered in accordance with this Agreement.

Mount-It! expressly disclaims any liability for delay in replacements or returns under warranty.

Mount-It! shall not be liable for any prospective profits or special or consequential damages. Mount-It! is not responsible for any damage to persons, animals or property resulting from the use or misuse of the Products.

Reseller warrants that it will make its best efforts to respond promptly and correctly to any questions posed by Mount-It! Mount-It! shall not be held responsible for any delays or other costs due to Reseller’s failure to promptly provide accurate information.

Reseller warrants that all information it has provided to Mount-It! (including, but not limited to the information in the Application(s)) is true and correct, and Mount-It! shall in no case be liable for any losses incurred by Reseller due to inaccurate information.

Reseller warrants that it will not distribute, transfer or transmit any equipment, services, or technical information provided under this Agreement, except in compliance with all applicable import and export laws, conventions and regulations.

Reseller warrants that it will comply with all applicable laws and regulations and with all applicable orders issued by courts or other governmental bodies of competent jurisdiction.

Reseller agrees to indemnify and hold harmless Mount-It! against any claims, losses, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees and costs, arising out of or connected to the performance of Reseller’s obligations hereunder.

Force Majeure: Mount-It! shall not be responsible for any delay, non-delivery or default in shipment or in providing Services, in whole or in part, if occasioned by strike, war, acts of terrorism, riot or revolution or for any delay in transportation due to demands, embargoes of the United States government or any other government, or non-delivery or delays through fire, floods, terrorist attacks, drought, accidents, bad weather, insurrections, lock-outs, breakdown of machinery, acts of any deity, perils of the sea, stoppage of labor, shortage of carrier, or refusal of any necessary license, or government restrictions considered as “Force Majeure,” or any other unavoidable cause, and in no case shall Mount-It! be responsible after providing Services or delivery of Products in good order or condition should any of the above described events occur.

No Waiver

The failure of either party at any time to require performance by the other party of any provision hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof constitute a waiver of any succeeding breach of the same or any other provision nor constitute a waiver of the provision itself.

Final Agreement; Terms & Modification; Electronic Signature

This writing and the Application(s) are intended by the parties hereto as a final expression of their agreement and are intended to constitute a complete and exclusive statement of the terms of their agreement.

In the event any of the terms of this Agreement are different from or in addition to those proposed by Reseller in a purchase order or those contained in any written or oral offer or any other document incidental to this Agreement, the terms of this Agreement shall prevail. In the event any of the terms of this Agreement are different from or in addition to those contained in any written or oral offer or any other document incidental to this Agreement, including an Application, the terms of this Agreement shall prevail.

This Agreement may only be modified by a writing signed by the parties hereto, except for subsequent non-material modifications made by Mount-It! within a reasonable time period.

Applicable Law; Jurisdiction

The interpretation and execution of these terms and conditions as well as any act resulting from them are subject to the laws of the state of California, and should a dispute arise, Reseller agrees to submit to the exclusive jurisdiction of:

Superior Court of California
County of San Diego
Civil Business Office
330 West Broadway, Room 225
San Diego, CA 92101