Terms and Conditions of Sale
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR (THE "CUSTOMER'S") RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
The following terms and conditions shall apply to all orders by Customer through this web site for the purchase of all products ("Products") from OfficeMax. By accepting delivery of the Products, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions shall apply unless Customer and OfficeMax have signed a separate Agreement covering the purchase of the Products in which case the separate agreement shall govern.
- PURCHASE. Upon OfficeMax's acceptance of a Customer's order, a firm contract for the purchase and sale of the Products will be formed between OfficeMax and Customer, and shall incorporate all the terms set forth herein. These terms and conditions shall not be altered or amended by the use of any document(s). Any attempt to alter this document or to enter an order for Products which are subject to additional and/or altered terms and conditions will become null and void, unless otherwise agreed to in a written agreement signed by both parties.
- PRICING. With respect to pricing, OfficeMax's cost of goods is calculated without deduction or otherwise giving effect to program, purchase incentives, rebates and other benefits potentially provided to OfficeMax, and may include an additional allocation for certain costs and expenses incurred by OfficeMax in connection with such products. OfficeMax reserves the right to impose margin-based pricing to ensure minimum profitability thresholds. OfficeMax updates pricing and product and service assortments on a regular basis as a result of a variety of factors, including, but not limited to, market and competitive forces, and reserves the right to change Customer's pricing and product assortment at any time without notice. OfficeMax also reserves the right to substitute private-brand or other equivalent products as part of your order. Manufacturer list prices are set by the manufacturer and are provided by either wholesale distributors or the manufacturer directly, as applicable. Promotion pricing, including, but not limited to, Instant Savings, Coupon Savings, Mail-In Savings, and Bundled Savings, that is available on www.officemax.com, is not available for orders placed on www.officemaxworkplace.com.
- DELIVERY. Except for furniture, technology, facilities products, and special order items, OfficeMax will deliver all Products to Customer's locations within the continental United States within one (1) business day for most orders, and within two (2) business days for all other orders. All orders received after 5 p.m. local time of the ship-to location shall be considered received by OfficeMax on the next business day. All orders shall be FOB destination, with freight prepaid and billed to OfficeMax's account, provided, for deliveries to Hawaii, Alaska, Puerto Rico and rural areas and desktop delivery, OfficeMax reserves the right to charge Customer a delivery surcharge. The delivery time for furniture and facilities products shall be agreed to by the Parties on an order-by-order basis. Furniture and facilities products are normally delivered curbside or to the Customer delivery dock; Additional charges may apply if furniture or facilities product delivery beyond curbside or dock is requested Customer may call 877.722.6473 for additional information on special delivery requests. Some technology products and facilities products might not be available for next-day delivery. Most technology products and facilities products are delivered in one (1) to three (3) business days. Customer agrees to pay a small order surcharge for all Product orders having a value of $50.00 or less, net of taxes, freight, and delivery charges. Delivery rates and policy are subject to change without notice.
WARRANTY. OfficeMax warrants that OfficeMax is the legal and rightful owner of the Products or that it is legally licensed and/or authorized to sell and/or distribute Products being purchased hereunder. All Products delivered hereunder will be free and clear of any and all encumbrances of any kind.
Customers acknowledge that OfficeMax is not the manufacturer of any of the Products purchased hereunder. Other than the warranties set forth above, any warranty with respect to the Products must come from the manufacturer. OfficeMax will pass through to Customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, OfficeMax's liability is limited to the replacement value of the Products.
THIS WARRANTY SUPERSEDES ALL INCONSISTENT PROVISIONS OF ANY AND ALL PURCHASE ORDERS, INVOICES, ACKNOWLEDGMENTS, OR OTHER WRITINGS OR STATEMENTS, WRITTEN OR OTHERWISE. OFFICEMAX DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND PRODUCT LIABILITY, SPECIFICALLY INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY. Notwithstanding anything to the contrary, in no event will OfficeMax be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of data or its use, loss of profits, loss of business, or other economic damages, even if advised of the possibility of such loss or damage.
If for some reason you are not satisfied with your purchase, you may return it in accordance with the following guidelines:
Unless otherwise stated in this returns policy, this paragraph outlines how you may return products purchased from OfficeMax. Products may be returned for a full refund within 30 days of the original purchase date with the original sales receipt ("sales receipt" includes register receipt, delivery packing list, or the Ready for Pickup and Thank You emails for store pickup orders) or exchanged for an identical item. Product returns without the original sales receipt will be eligible for an exact-item exchange or a Merchandise Credit for the lowest sales price in the past 60 days. Items no longer stocked by OfficeMax will not be eligible for return.
Ink/toner may be returned for a full refund if in the original, unopened packaging within 30 days of the original purchase date with the original sales receipt (as defined above). Opened ink/toner or ink/toner without the original sales receipt will be eligible for an exact-item exchange or a Merchandise Credit for the lowest sales price in the past 60 days. Ink/toner no longer stocked by OfficeMax will not be eligible for return.
Technology products may be returned for a full refund if in the original, unopened packaging (including all accessories and manuals) with the original sales receipt (as defined above) within 14 days of the original purchase date. Defective technology products with the original sales receipt are eligible for an exact-item exchange within 14 days of the original purchase date. Technology products without a sales receipt are not eligible for return. Technology products consist of, but may not be limited to, computers (desktop, laptop or netbook), monitors, digital cameras, hard drives, business machines, networking equipment, projectors, cash registers, digital picture frames, shredders, telephones, computer peripherals and accessories.
Software, CDs, DVDs, Video Games
Software, CDs, DVDs and video games may be returned for a full refund if in the original, unopened packaging within 14 days of the original purchase date with the original sales receipt (as defined above). Opened software, CDs, DVDs and video games or software, CDs, DVDs and video games without the original sales receipt will be eligible for an exact-item exchange, with the new software title, CD, DVD or video game unsealed at the time of exchange to complete the return.
Furniture may be returned for a full refund if in the original packaging (including all components and manuals) with the original sales receipt (as defined above) within 14 days of the original purchase date. Special order, manufacturer-direct, custom and preassembled furniture is not eligible for return.
Cleaning and Breakroom/Facilities Products/Janitorial and Sanitation Products
OfficeMax shall not accept any returns of the following types of cleaning and breakroom products: (a) food or beverage products (including but not limited to water, coffee and condiments); (b) medicinal products, health care products and/or other products intended for human or animal ingestion, absorption or application (including but not limited to pain relievers, eye wash, mouthwash); (c) liquid products; (d) chemicals; (e) cleaning solvents or powders; or (f) hazardous materials. Customer shall be responsible for disposing of cleaning and breakroom products in accordance with all applicable federal, state, county and local law and regulations, including environmental rules and regulations.
Gift Cards/Prepaid Cards
Prepaid phone cards, OfficeMax gift cards and other gift cards purchased through OfficeMax are not eligible for return. Prepaid cards and gift cards are not redeemable for cash (unless required by law) and are subject to the terms and conditions stated on the individual card.
No Contract Phones
No contract phones purchased through OfficeMax are not eligible for return, unless defective and then only if returned within 14 days of the original purchase date with the original sales receipt (as defined above).
Special Order Items
Special order items are not returnable.
Refunds will be made in the same form of payment used for the purchase (checks over $250 will be refunded via a mail check to the customer). Refunds for credit card purchases will only be refunded to the same card used for the original purchase. For customers buying on account, a credit will be issued to that account.
Authorized returns without the original sales receipt will be issued a Merchandise Credit. Any such return is subject to verification and will require a valid State Identification Card, Driver's License, Passport or Military ID. (Merchandise Credits are not eligible for use on the purchase of other gift cards or prepaid cards, or redeemable for cash unless otherwise required by law.)
OfficeMax reserves the right to deny any return.
- TAXES. Customer shall be responsible for any state or local tax (excluding taxes based on OfficeMax's income or profits) that results from the transfer of title or sale or delivery of the Products purchased hereunder unless a valid and correct tax exemption certificate is furnished to OfficeMax prior to delivery. For compliance with select California and Texas laws and for financial reporting purposes, all sales shipped to California and Texas customers are made by eDepot, LLC, a wholly-owned subsidiary of Office Depot, Inc. California sales are F.O.B. destination point. Texas sales tax is based on the location where the order was received.
- PAYMENT. Payment is due and payable net 20 days from the date of invoice. Late payments shall be assessed a late payment charge at the rate of 1½% per month, but in no event to exceed the maximum allowable by law.
- CREDIT LIMITS. Credit limits and terms shall be subject at all times to OfficeMax's credit policies, as amended from time to time.
- RESERVATION OF RIGHTS. OfficeMax reserves the right to change at any time without notice these terms and conditions of sale.
- NOT FOR RESALE. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
- Revisions. OfficeMax reserves the right to modify or add to these terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on this web site so that they are accessible via a link on the home page of the web site, and that your use of the web site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the web site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the web site from that point forward.
- Jurisdiction. These terms shall be governed by and construed in accordance with the laws of the state of Illinois, without giving effect to any principles of conflicts of laws and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to product purchases must be in the state or federal courts located in DuPage County, Illinois and you hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in DuPage County, Illinois for any such legal proceeding and agree that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. Any cause of action or claim you may have with respect to the a Product purchase must be commenced within one year after such claim or cause of action arose, or, if multiple causes, from the date the first such cause of action arose.
- Pricing. With respect to pricing, OfficeMax's cost of goods is calculated without deduction or otherwise giving effect to program, purchase incentives, rebates and other benefits potentially provided to OfficeMax, and may include an additional allocation for certain costs and expenses incurred by OfficeMax in connection with such products. OfficeMax reserves the right to impose margin-based pricing to ensure minimum profitability thresholds. OfficeMax updates pricing and product and service assortments on a regular basis as a result of a variety of factors, including, but not limited to, market and competitive forces, and reserves the right to change Customer's pricing and product assortment at any time without notice. OfficeMax also reserves the right to substitute private-brand or other equivalent products as part of Your order. Manufacturer list prices are set by the manufacturer and are provided by either wholesale distributors or the manufacturer directly, as applicable. Promotion pricing, including, but not limited to, Instant Savings, Coupon Savings, Mail-In Savings, and Bundled Savings, that is available on www.officemax.com, is not available for orders placed on www.officemaxworkplace.com.
- Miscellaneous. Any failure of OfficeMax to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. No waiver by OfficeMax of any provision of these terms will be of any force or effect unless made in writing and signed by a duly authorized officer of OfficeMax. If any provision of these terms is held to be illegal, invalid, or unenforceable, then the provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. The section titles in these terms are inserted only as a matter of convenience and have no legal or contractual effect. Customer agrees that these terms will not be construed against OfficeMax by virtue of having drafted them. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms. Except as otherwise expressly provided in these terms, there will be no third-party beneficiaries to these terms.
Revised June 2014