Terms & Conditions

Please read the following Terms & Conditions carefully before using this website.

The following are the binding terms and conditions (“Terms & Conditions” or “Agreement”) on which we sell any products, services, or solutions (“Products”) that you (“Customer”) order from Megatop LLC (Megatop) through our website at www.megatop.com (“Site”). References to “you,” “your,” and “Customer” are the individual or a company that purchases Products from Megatop.

Agreements under these Terms & Conditions form the sole contract with respect to your use of and purchase of Products offered by Megatop through the Site. These Terms & Conditions supersede all proposals, negotiations, discussions, and agreements, whether written or oral, including any past dealings between the parties relating to the sale of Products.

If you do not agree to these Terms & Conditions, you must not order any Products from this Site.

Account Termination Order Acceptance Order Cancelation Product Compliance Authorized Use of Product Product Description Software Non-Cancelable & Non-Returnable Errors & Inaccuracies Availability & Lead Time Backorders Quotations & Prices Minimum Advertised Pricing Payments Sales Tax Shipping Policy Expedited Shipping Freight Shipping Options Return Policy

Software Return Policy International Shipments Order Verification Technical Support Manufacturer Warranty Express & Implied Warranty Force Majeure Successors & Assigns Privacy Policy Security & Data Standards Intellectual Property Links To Other Websites Limitation of Liability Disclaimer Governing Law Severability Indemnification Miscellaneous Modification of Terms & Conditions Complete Agreement

 

Account

1. When you create an Account with Megatop, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms & Conditions, which may result in immediate termination of your account on our Site.
2. Customer is responsible for safeguarding the password used to access the Site and for any activities or actions under the password, whether the password is with our Site or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3. You shall not allow any individual other than your employee assigned to a user ID and password to utilize such user ID and password to access the Account. The Customer shall not appoint or engage third-party agents to purchase Products from Megatop or otherwise engage with Megatop on Customer's behalf without obtaining the prior written consent of Megatop.

 

Termination

1. We may terminate or suspend your account and access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms & Conditions.
2. Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site. All provisions of the Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

Order Acceptance

1. Megatop's acceptance of any order is subject to the Customer's acceptance of these Terms & Conditions. The Customer's acceptance of these Terms & Conditions is presumed from the Customer's receipt of Megatop's Order Acknowledgement or acceptance of the Products ordered.
2. When you order a Product from the Site, the Order Acknowledgement email doesn't mean that the order has been accepted. The Order Acknowledgement is only to inform you that the order has been entered into Megatop's computer system.
3. Megatop reserves the right to accept or reject any order or any part of an order. We reserve the right, with or without prior notice, to refuse to provide any user with any Product or service, discontinue any Product or service, impose conditions on any coupon or promotional code, or other promotions, and bar any user from making or completing any or all transactions.
4. Failure to accept an order may be because the Product is out of stock, because Megatop has found an error in the price or description of the Product, because of compliance reasons, or because we are unable to meet a delivery deadline you have specified, or if you fail to pay us any amounts due in respect of the Product, or because of circumstances beyond our control. If we cannot accept your order, we will inform you in writing and will not charge you for the Products.

 

Order Cancelation

1. If you need to cancel an order, please email us at sales@megatop.com as soon as possible for the fastest response. Please include the Order Confirmation number and reason for cancellation. We do not accept verbal order cancellations. You may cancel an order only with Megatop's written consent.
2. If your order is not processed yet, it will be canceled, and you will receive the Order Cancellation email. We will stop the order and cancel or refund any charges we have posted for the order.
3. Orders for “non-cancelable,” “non-returnable,” “non-standard,” “custom made,” “built to order,” “special order,” and “special quoted” Products cannot be canceled. Customers with open credit terms must sign an invoice marked “special order, not returnable.”
4. If your order has already been processed and sent to production, we cannot cancel it. In some cases, orders in process may be canceled by the Customer only with Megatop's written consent and upon payment of the cancellation charge of 20%.
5. Orders cannot be canceled or rescheduled after the order has been submitted to the shipping carrier. In this case, please request an RMA number following our Return Policy once the package is delivered. Please do not refuse the package at the time of delivery. If you refuse delivery instead of requesting an RMA and following our Return Policy, the shipment will be considered an unauthorized return and subject to a higher restocking fee. A Customer is responsible for covering return shipping costs and restocking fees, if applicable.
6. In the event of an approved cancellation, and where Megatop has incurred costs and expenses that cannot reasonably be recovered, the Customer will pay Megatop for all such costs and expenses. You will be responsible for round-trip shipping costs on any order that has been shipped prior to cancellation, is refused at the time of delivery, or is shipped in good faith but returned to us due to incorrect or incomplete shipping information.
7. Megatop may cancel a Customer Order without obligation or liability upon notice to the Customer.

 

Product Compliance

1. Megatop does not guarantee compliance of the Products listed on the Site with any laws, codes, or regulations, nor does Megatop accept responsibility for the construction, installation, or use of a Product.
2. The Customer's responsibility is to review the Product application and all applicable laws, codes, and regulations for each relevant jurisdiction to ensure that the products' construction, installation, and use are compliant.

 

Authorized Use of Product

1. Products sold by Megatop are intended solely for the use specified by the manufacturer and are not to be used for any other purposes, including, but not limited to, unauthorized commercial purposes. Customer warrants and represents that it will properly test, use, qualify, and validate each Product for the intended use and, to the extent authorized, manufacture and market any final articles made from Megatop's Products in accordance with the practices of a reasonable person who is an expert in the field, and in strict compliance with all applicable national, state and local laws and regulations. Customer acknowledges and understands that the purchase of Products only conveys to Customer the non-transferable right for only the Customer to use the Products purchased in compliance with the applicable manufacturer's User Statement, Limited License, if any. The Customer is solely responsible for conducting any research necessary to learn the hazards involved for any of its intended uses of the Products purchased from Megatop and to properly warn its Customers, employees, and other personnel who may be exposed to such Products of any risks involved in using or handling the Products.

 

Product Description

1. All descriptions, illustrations, and other information relating to the Products are approximate only and for general guidance and illustrative purposes only.
2. Please review the Product page for compatibility and technical information before placing an order. If you have any doubts, you may wish to verify all specifications on the manufacturers' websites.
3. Megatop does not determine the specifications of any Products it lists or sells. The Product manufacturer produces specifications sheets. Megatop does not participate in product safety testing, evaluation, or reviews.
4. Products sold by Megatop are not designed, intended, or authorized for use in life support, life-sustaining, flight control, nuclear industries, or any application in which the failure of a Product could result in personal injury, loss of life, or catastrophic property damage.

 

Software

1. With respect to any Software Products, Megatop, and Customer, agree that such Software Products are being licensed and not sold and that the words "purchase,” "sell," or similar or derivative words are understood and agreed to mean "license” and that the term "Customer" is understood and agreed to mean "licensee.” Megatop or its licensor retains all rights and interests in Software Products.
2. Megatop grants Customer a royalty-free, non-exclusive, non-transferable license, without power to sublicense, to use the software provided hereunder solely for Customer's own internal business purposes on the hardware products provided hereunder and to use the related documentation solely for Customer's own internal business purposes. This license terminates when the Customer's lawful possession of the hardware products provided hereunder ceases unless earlier terminated as provided herein.
3. One or more third parties may own certain of the Software Products provided by Megatop. Megatop and Customer agree that such third parties retain ownership of and title to such Software Products. The warranty and indemnification provisions herein shall not apply to Software Products owned by third parties and provided hereunder.

 

Non-Cancelable & Non-Returnable

1. Megatop may identify some Products as non-cancelable and non-refundable (NC/NR). The identification is done by various means, including quotes, Products lists, Product descriptions, attachments, references, etc.
2. If you order such a non-refundable / non-cancelable / non-returnable item, we will contact you before processing your order, advise you of the refund & return restrictions, and offer you the option to cancel.
3. The following Products, but not limited to, cannot be returned or canceled of an order:
   • Products that have been provided under terms indicating that they are non-returnable.
   • Special order Products marked as “non-cancelable” or “non-returnable” on the Product listing page.
   • Products that have been specially manufactured for the Customer’s order: “custom made,” “built to order,” or “special order.” 
   • “Non-standard” Products you received a special quote on cannot be canceled or returned.
   • Products not inventoried by Megatop (“non-stocked Products”) cannot be returned to the manufacturer.
   • Products that require HAZMAT shipping.
   • Products that do not have prices listed on our Site.
   • Products that have been installed or used.
   • Products not in completely resalable condition (including, without limitation, open products, sampled products, or products with damaged, missing, or defaced labeling or packaging).
   • Discontinued Products.
   • Disposable Products.
   • Products in which there is damage or visible usage.
   • Products that are not brand new and missing any of the manufacturer's packaging and missing parts or accessories.
   • Products purchased during closeout sales.
   • Products that are oversized (heavy or large) may not be returned. Packages are considered heavy or oversized by meeting either the following: over 130" combined in length and girth or over 150 lbs.
   • Products not shipped by a Standard Carrier (UPS, FedEx, or USPS) but shipped Freight may not be returned. 
   • Products in less than full-case quantities that were sold in full-case quantities.
   • Chemicals, reagents, diagnostics, cultivation media, flammable material, sterile Products, or controlled Products.
   • Refrigerated Products, temperature-controlled Products, live specimens, or other perishables.
   • Products with expired shelf life or an expiration date too short for resale.
   • Products sold as part of a bundle unless the bundle is returned complete.
   • Products that Customers received over 30 days ago.

 

Errors & Inaccuracies

1. All images that we use on the Site are for illustration purposes only and may not exactly represent the Product. The manufacturers provide these images, which are only to be used as a general guide. Actual products may vary due to product enhancement.
2. Megatop does not guarantee that all Product descriptions, pricing, photographs, color, references, specifications, links, and any other Product-related information is entirely accurate, complete, current, or error-free, nor can we assume liability for these errors or any misstatements about Products. 
3. We reserve the right to revise and correct listing errors, Product images, change prices of any Product, and remove or update Product information on the Site at any time, including after placing your order.
4. Megatop reserves the right to cancel any and all orders resulting from pricing or description errors without assigning any reasons, even if the Customer has received an order confirmation from Megatop.  
5. We cannot guarantee that your computer will reflect the Product’s actual appearance. Therefore, the Product that is delivered to you may vary slightly from those images.
• Colors: Due to differences in monitors, depending on the device you are using to view the Product or the angle at which the item is photographed, the actual colors of the Product may appear different from those shown on the Site. Due to the manufacturer's Product enhancement or change, the colors of some Product components may differ.
• Size: The actual Product sizes available may differ from those shown in the image. For specific size dimensions, please refer to the Product description.
• Illustration and extra objects: Some images may illustrate the product as a part of the main unit or different objects that do not come with purchase and are used only to show their interaction or for general representation.
• Quantity: The image may show quantities that differ from the listing’s actual quantities. Please refer to the Product description for the actual quantity in the listing.
• Manufacturer's update: On occasion, manufacturers may alter the Product, the appearance of which may differ from the represented image. The manufacturer may update the Product, release a new version, or make changes to some details before we update our Site. Manufacturers may alter their Product content, photos, and packaging before the corresponding listing is updated on this Site.

Product packaging and material may contain more and different information from the website, including the product description, accessories, country of origin, and other information. Always read labels, warnings, directions, and other information provided with the product before using or operating a product. For additional information about a product, please contact the manufacturer.

 

Availability & Lead Time

1. Availability and lead time may vary from item to item. Our website does not provide stock information for all products. You will, however, receive an email confirmation with your estimated ship dates once your order is processed. Product availability is subject to change without prior notice.
2. All in-stock orders for which payment has been approved are shipped within 1 to 3 business days, Monday - Friday. If your order contains special order Products, we will contact you with the availability estimates for those Products. If the item is out of stock, we will inform you about it and give you an approximate date of shipment. In case the Product is delayed, we will give you a choice to cancel your order and issue a credit for the full amount.
3. If Megatop is unable to deliver orders within the expected time frames, we will inform you. We reserve the right to cancel orders that have an extended lead time. In this case, we may offer alternative Products. If the order contains more than one Product, we will cancel the Product with an extended lead time and ship the rest. We will charge your credit card less the cost of the canceled item or void the transaction if the entire lead time is not acceptable.
4. Due to the vast number of items offered on our Site, custom-built offers, and the current supply chain challenges, immediate stock availability is not guaranteed. If you need your item delivered urgently, please contact us.

 

Backorders

1. For items that are out of stock but are expected to be back in stock in a reasonable timeframe, we sometimes allow backorders. We accept backorders to minimize sending you back-in-stock notification emails, and instead, we just work with our suppliers to quickly get you the products you need.
2. We will notify you about the products in backorder and the expected shipment date. If the order is not shipped within the promised time, Megatop will notify you of the revised shipping date and allow you to cancel for a refund or accept the new shipping date. You will receive an estimate based on when the manufacturer can get the item shipped to you or our warehouse. The estimate is subject to change.
3. We do not capture (collect) funds from credit or debit cards before an item is prepared for shipment. In the case of a backorder, you will not be charged until we have the item ready to be shipped to you. Please note that we do not accept PayPal for backorder purchases.
4. If an order cannot ship complete, Megatop reserves the right to hold the order until all items are in stock or to send items as they become available.

 

Quotations & Prices

1. Prices listed on the Site do not include shipping, taxes, duties, fees, or other charges. Prices are subject to correction or change without notice at any time.
2. Unless otherwise stated in Megatop's quote, quotes are subject to change without notice at any time. The quoted price will stay applicable for 14 days if no period is specified.
3. Prices are subject to increase in the event of an increase in Megatop's costs or other circumstances beyond Megatop's reasonable control. This could be due to manufacturers' price increases, quoting errors, and other factors.
4. In the event Megatop discovers an error in pricing, we will notify you of the corrected pricing. If the Product's corrected price is less than our stated price, we will charge the lower amount when shipping the Product to you.
5. If the Product's corrected price is higher than the price we have quoted to you, Megatop will, at our discretion, either contact you for instructions before shipping the Product, and you may choose to accept the higher corrected price, or we will cancel the order and notify you of the cancellation.
6. Megatop is under no obligation to provide Products to you at the incorrect/lower price, even after we have sent you an order confirmation if the price displayed is a genuine mistake and the error is obvious and could have reasonably been recognized by you as a mispricing.

 

Minimum Advertised Pricing

1. Some of the Product lines we offer are limited by the Minimum Advertised Pricing (MAP) policy or similar manufacturer restrictions. MAP requires that distributors/resellers do not advertise Products below a specific price level. A MAP is a minimum amount not to advertise below.
2. When you see “See Price in Cart” or “See our Price in Cart” on the Site, click to add an item to our SSL-protected secure Shopping Cart to see the lower pricing. We cannot apply additional coupons or discounts to some brands because of MAP.

 

Payments

1. By submitting an order, you authorize Megatop to charge the price of the Product(s) together with any applicable sales tax and shipping costs calculated during the checkout to your chosen payment method.
2. Megatop reserves the right to stop delivery of Products in transit and to withhold shipments in whole or part if the Customer fails to make any payment to Megatop when due or otherwise fails to perform its obligations hereunder.

Credit Cards

1. We accept major credit cards, purchase cards, and major bank debit cards, including VISA, MasterCard, American Express, and Discover. This payment option is available only for credit cards issued in the USA and Canada with a billing address in the US or Canada.
2. The billing name, address, and phone number should match the information on your credit card monthly billing statement. Credit card billing information is verified on new Customers before the shipment of an order.
3. Credit cards would not be charged until ordered Products are shipped unless the order shipment schedule is over five (5) calendar days. This rule is to comply with credit card security requirements to charge all credit cards not later than five (5) days.
4. Some debit cards may reflect the deduction of funds immediately upon the order. This temporary authorization will temporarily reduce your available balance by the due amount. Funds will be collected from your card upon shipment of Products.

Wire Transfer / EFT / ACH

1. Prepaid Customers can wire the funds to Megatop's bank. We will email a Proforma Invoice with our bank information, the order total, and shipping charges. All payments must be made in U.S. dollars. We will reserve stock for your order for three (3) days on orders awaiting funds.
2. Customer agrees to pay the total amount of each invoice from Megatop according to the terms stated in each invoice, without offset or deductions. Megatop reserves the right to set off any deduction for any sums owed by the Customer to Megatop.

Credit Terms

1. All credit extended by Megatop to Customers, and the limits of such credit, are at Megatop's sole discretion and may be reduced or revoked by Megatop at any time for any reason. For Customers with established Megatop credit, payment terms are Net 30 days from the date of shipment/pick-up.
2. If the Customer fails to make payment within 30 days of shipment or pick-up, Megatop may defer, suspend or cancel the entire shipment or any part of unshipped order until such payment is made. We reserve the right to charge a convenience fee for late payments and a late payment fee of 1.5% of the amount due for each month.

PayPal

1. When placing an order using PayPal, the order will be verified by and follow the terms and conditions of PayPal. Your shipping address must be confirmed by PayPal, and your account must be verified by PayPal for all orders before shipping. PayPal payment must be marked as "eligible" for PayPal Seller Protection on the transaction details page.

 

Sales Tax

1. When required by law, Megatop will collect Federal, State, and Local sales, use, excise, and other taxes that apply to a Customer's shipment. The Customer will remit the correct tax unless the Customer is tax-exempt and Megatop has a valid, signed tax exemption certificate or letter of exemption for each respective jurisdiction on file. You can apply for tax exemption on your Megatop orders if you are a tax-exempt organization or business.
2. We provide an estimated sales tax at checkout when confirming your order. The tax rate is the combined state and local rates of the address to which your order is delivered. You can estimate your sales tax by entering your zip code in the shopping cart. The estimated tax amount may be updated to the actual amount once your order is completed.
3. In case Megatop collects no tax on your order, you still have an obligation to pay the tax directly when you file your state taxes. You are responsible for contacting your local tax administration regarding taxes you may owe concerning your purchase on the Site.

 

Shipping Policy

1. Megatop accepts orders for shipments within the continental US, Alaska, and Hawaii. We do not ship to PO Box addresses. We use UPS and FedEx for parcels and various carriers for LTL shipments.
2. If your shipment is time-sensitive, please contact us before ordering to confirm that we can meet your requirements. We will make all reasonable efforts to initiate shipment based on time frame requirements.
3. Orders are shipped Monday through Friday except for the days on which the following holidays are observed: Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, and New Year's Day.
4. The number of days shown in each shipping option in your Shopping Cart is “In Transit Time” only. It does not include the time we require for order verification and processing and the time manufacturers require to build/assemble Products, Quality Control (QC), applicable lead times, or other delays that may impact your order.
5. When your order is shipped, you will receive an email with a tracking number that links to the carrier service website. Our delivery dates are approximate only, and shipments may be affected by factors outside our control. Under no circumstances, Megatop is responsible for delays in delivery or shipping errors caused by the shipment carriers.
6. In the event of a delay due to any cause beyond Megatop's reasonable control, Megatop reserves the right to terminate the order or any part of the order so affected or to reschedule the shipment within a reasonable period of time, and the Customer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. Products as to which delivery is delayed due to any cause within Customer's control may be placed in storage by Megatop at Customer's risk and expense and for Customer's account.
7. Megatop will have the right, at its election, to make partial shipments of the Products and to invoice each shipment separately.
8. If the package was not delivered, it is the customer's responsibility to contact Megatop in order to open an investigation case with a carrier. Carriers have a 60 days liability period when the shipper may open an investigation. If the customer does not contact us to inform us about the undelivered order within 60 days after the order was shipped, we reserve the right not to accept the customer's claim, as a carrier will not be able to start a claim or provide any information about the delivery process.

 

Expedited Shipping

1. For most Products, we offer Standard Ground Shipping only. Expedited shipping is NOT available for third-party Products. 
2. For time-critical shipments, expedited orders, a specific date, or Saturday delivery, please contact us before placing your order to ensure we can meet your deadlines.
3. To qualify for expedited shipping, certain criteria must be met:
   • Expedited shipping is only available within the contiguous United States.
   • Megatop must receive your order before 12 pm (EST) Monday – Friday. 
   • Expedited orders must weigh less than 50 lbs.
   • It does not contain any hazardous materials. 
   • We do not offer Saturday delivery.
   • Expedited orders only ship on business days.
   • Orders placed on Saturdays/Sundays/Holidays will be processed on the next business day.

Neither “Ground” nor “Expedited 3-Day Delivery” include a Saturday delivery option.

 

Freight Shipping Options

1. If your shipment is transported via freight truck, please read about your rights and responsibilities as the end recipient at Shipping LTL Freight. Overweight, oversized, or hazardous Products will be subject to carrier surcharges or add-on fees.
2. Curbside Delivery with Liftgate: If your location does not have a receiving dock, liftgate delivery is available. This service has additional fees and is an additional charge separate from our standard delivery fee. The shipment will be delivered to the curb, but you, as the Customer, are responsible for bringing the unit inside. The delivery driver is not allowed to do more than bring the item to the curb. We recommend having a pallet jack on standby for large or heavy Products.
3. All Products are shipped F.O.B. Origin with all costs imposed by the carrier related to the shipment paid by Megatop and charged to Customer on Customer's invoice. Receipts for freight charges are not furnished. COD shipments are not permitted. Fuel surcharges and other surcharges may be applied. Title and risk of loss pass to the Customer upon tender of shipment to the carrier. If the product is damaged in transit, the Customer's only recourse is to file a claim with the carrier. If Customer chooses freight collect, shipments will be F.O.B. Origin using a carrier designated by Customer.

 

Return Policy

1. NOT all Products can be returned under our Return Policy. Some Products are not eligible for refund, cancellation, or return. If you order a non-refundable, non-cancelable, or non-returnable item, we cannot refund or cancel it.
2. You may return the regular Products within thirty (30) days from the date of delivery. All returns require the RMA number. The Product must be returned in the original manufacturer's packaging and is in a perfect, unused, resalable condition. We do not sell used products and cannot accept used or installed items, used tools, instruments. The return option applies if the Product is undamaged and unused.
3. RMA numbers are valid fourteen (14) days from the date they are issued and cannot be extended or reissued. Returns must be received within fourteen (14) business days from the date of issuing the RMA. Products not received within fourteen (14) days after issuing an RMA will not be accepted and returned to the Customer.
4. The standard restocking fee of 20% will apply on all straight returns (incorrectly ordered, accidental order, not wanted, returning instead of replacing, better price available, buyer's remorse, non-defective, open box consumer returns, no longer needed/wanted, etc.). It does not apply to used products as we do not sell used equipment. The restocking fee for non-stock or drop shipped Products will be subject to the Return Policy of the manufacturer.
5. The restocking fee may be up to 50% of the item's price in some cases (for example, the Customer changes their mind about a purchase and returns an item within the return window, but we receive the item damaged or materially different than how it was originally shipped). Please read the applicable section of this Return Policy if other specific details may apply.
6. Once the return has been received, it will be inspected for damage and misuse. You will be credited for the returned Product minus the restocking fee and original shipping charges. The Customer is responsible for the cost of return shipping charges unless the return is due to our shipping error.
7. Shipping errors and missing or damaged item(s) must be reported to us within two (2) business days of you receiving the Products. For shipping errors, we'll ship you a replacement with the correct item(s) as soon as the original/incorrect item(s) are received and inspected.
8. If something appears to be missing from your order, please check the enclosed receipt to see if the item is listed as having been shipped. It may have been deleted from your order due to unavailability, back ordered, or shipped separately.
9. If the packaging appears damaged on the outside at the delivery time, please refuse to accept it from the carrier. Inform the courier that this is due to visible damage. Please let us know immediately. Make sure when signing the shipper's delivery slip (on deliveries with a signature) you include a note stating the package is or appears to be damaged. Alternatively, you can also accept the delivery. Still, please ensure when signing the shipper's proof-of-delivery that you include a note stating the package is or appears to be damaged.
10. Our standard practice is to replace the defective item at no charge, should you choose to return the defective item rather than replace it, we will need to issue an RMA and - once we have received, tested, and confirmed that the item is defective - applicable credit will be processed. In some cases, we may ask you to contact the manufacturer to troubleshoot the issue, and if they determine that it is indeed defective, we will address it as outlined in our Return Policy.
11. We reserve the right to refuse or limit any returns that, in Megatop's sole discretion, appear fraudulent, abusive, in violation of these Terms & Conditions, or otherwise inappropriate.

 

Software Return Policy

1. If you are having issues with a Product, there may be other options before you return it. Please contact us for assistance. 
2. Returns for Software Products will be honored for fourteen (14) days from the date of purchase.
   
   
   • Downloadable Software:
     
     1. Uninstall the software from your computer.
     2. To request an RMA number, please email our Customer Service team at sales@megatop.com. 
     3. You may be asked to confirm that you have uninstalled and have not made any copies of the software. We may also ask you to sign a Letter of Destruction as a condition of your return.  
     4. Once the return is authorized, the Product key will be blocked, and you will not be able to install or use the software in the future.
        
        
   • Physical/non-downloadable Products eligible for return:
     
     1. Uninstall the software from your computer.
     2. To request an RMA number, please email our Customer Service team at sales@megatop.com. 
     3. You may be asked to confirm that you have uninstalled and have not made any copies of the software. We may also ask you to sign a Letter of Destruction as a condition of your return. 
     4. Once the return is authorized, the Product key will be blocked, and you will not be able to install or use the software in the future.
     5. Eligible returns and exchanges must be accompanied by the following:
        • RMA number, 
        • Megatop order number,  
        • original documentation, 
        • instruction manuals, 
        • registration,
        • disc and any components (including cables and accessories, if any), 
        • the original packaging.
     6. Failure to include such items may prevent your refund. When you make an eligible return, we will credit the full amount, less the original shipping charges, to the original payment method. 
3. Megatop will not be responsible for system/software incompatibility, and incompatibility issues do not qualify software as damaged or defective. Customers are encouraged to contact the respective software publisher for answers to technical questions before purchase. 
4. Megatop reserves the right to deny any return or exchange of software Products for any reason.

 

International Shipments

1. Megatop ships only within the continental U.S., Alaska, and Hawaii. However, Customers may utilize it, and Megatop will ship to an approved freight forwarder in the contiguous United States.
2. Any use of a freight forwarder will be subject to the following: you must provide a contact name, phone number, and email address for a point of contact at the freight forwarder; Megatop must receive proof of export from the Customer or freight forwarder after each shipment.
3. Should an order be requested to be shipped to Canada or Mexico, Megatop is neither responsible nor liable for any taxes, duties, fees, or other charges associated with processing such North American Free Trade Agreement shipments. All such charges and requirements are the sole responsibility of the Customer. A separate invoice for these charges may be received from a freight forwarder, FedEx, UPS, or other 3rd parties.
4. If you purchase Products for ultimate shipment outside of the United States, you must be aware of U.S. export control laws and regulations. The Customer assumes full responsibility for compliance with US export controls.
5. Some Products listed on the Site may not be available for export outside the domestic market due to manufacturer restrictions. Because this is a contractual obligation with these manufacturers, there are no exceptions. If you order Products that cannot be shipped to your shipping address (e.g., the freight forwarder address), you will be advised. In this case, you can supply a new shipping address, or we can cancel the order at your request.
6. All Products are shipped F.O.B. Origin with all costs imposed by the carrier related to the shipment paid by Megatop and charged to Customer on Customer's invoice. Receipts for freight charges will not be furnished. COD shipments are not permitted. Fuel surcharges and other surcharges may be applied. Title and risk of loss pass to the Customer upon tender of shipment to the carrier. If the product is damaged in transit, the Customer's only recourse is to file a claim with the carrier. If Customer chooses freight collect, shipments will be F.O.B. Origin using a carrier designated by Customer.
7. Customer acknowledges that Products and any related software and technology, including technical information supplied by Megatop or contained in documents, are subject to export controls of the U.S. government. The export controls may include, but are not limited to, those of the Export Administration Regulations of the U.S. Department of Commerce (the "EAR"), which may restrict or require licenses for the export of Products from the United States and their re-export from other countries. The Customer shall comply with the EAR and all other applicable laws, regulations, laws, treaties, and agreements relating to the export, re-export, and import of any Item. Customer shall not, without first obtaining the required license to do so from the appropriate U.S. government agency; (i) export or re-export any Item, or (ii) export, re-export, distribute or supply any Item to any restricted or embargoed country or to a person or entity whose privilege to participate in exports have been denied or restricted by the U.S. government. Please refer to the International Sales section for further details.

 

Order Verification

1. To protect you from anyone using your credit or debit card against your knowledge and prevent online fraud, we conduct order verification. By limiting fraudulent transactions and verifying address and payment information ahead of time, we can provide the best prices and superior service while maintaining the security of the ordering process. We reserve the right to confirm that all received information is verifiable and legitimate before processing your order.
2. There may be a slight delay in processing your order while verifying the order details. Orders with the same shipping and billing addresses are more likely to ship faster. However, if you decide to ship your order to an address different from your billing address, we may need an extra day to verify it.
3. Phone confirmation is part of our order verification process. Our representative may contact you directly over the phone in case we need to confirm certain information for your order to be processed. If you are unavailable, we may email you or leave a message asking you to call us back as soon as possible.
4. Please note that your order may be set on hold until we can contact you or if we need further information or if anything does not match. If your order cannot be verified within five (5) business days, it will automatically be canceled.
5. We may contact your credit/debit card issuing bank to verify your identity and confirm the validity of your purchase. Our team will confirm that the billing name, billing address, and phone number on your order are the same as what your bank has on file for you.

 

Technical Support

1. Megatop does not offer any sort of technical assistance. We cannot offer advice on the compatibility of Products, make Product recommendations, or provide sales advice or technical support. We list all Product information the manufacturer provides us. Please contact the Product manufacturer directly for accurate answers to the technical questions or specifications that might not be posted on the Site.
2. If statements, opinions, or advice, technical or otherwise, are given to a Customer, such statements, opinions, or advice will be deemed to be given as an accommodation to the Customer and without charge. Megatop shall have no responsibility or liability for the content or use of such statements or advice.

 

Manufacturer Warranty

1. All Products sold on this Site are covered by the Product manufacturers' warranties. Terms of warranties vary from item to item, from free repairs on the defective Product to an entire replacement of the Product. Please view manufacturers' websites for more information on specific Product warranty terms and conditions.
2. Please note that defective new equipment will be handled by direct contact and in accordance with the warranty terms of the item's manufacturer. No warranty will apply if the Product has been subject to misuse, neglect, accident, modification, or altered in any way.
3. If you have questions regarding specific warranties, please contact the manufacturer or us directly for more information. Please refer to the Defective Products section in our Return Policy for additional information.

 

Express & Implied Warranty

1. Megatop makes no representation of Product warranty, express or implied, and disclaims any express or implied warranty, including warranties of merchantability and fitness, arising out of or in connection with the sale, delivery, or use of any Product offered on this Site.

 

Force Majeure

1. Megatop shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism, whether actual or threatened, governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship Product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Megatop in the conduct of its business.

 

Successors & Assigns

1. All provisions of this Agreement will be binding on and benefit the parties hereto and their successors, assigns, and legal representatives, except that Customer may not assign or otherwise transfer this Agreement without Megatop's prior written consent. Any assignment, delegation, or transfer in violation of this provision will be void.

 

Privacy Policy

1. Please read our Privacy Policy for more information about our information collection and use practices, which policy applies to the information you submit on the Site. On certain pages of the Site, you may be given the ability to provide us with personally identifiable information.
2. This Site uses Google Analytics to help analyze how visitors use this Site. Google Analytics uses "cookies,” which are small text files placed on your computer, to collect standard internet log information and visitor behavior information in an anonymous form. No personally identifiable information is collected about you unless you explicitly submit that information via a fill-in form on this Site. The anonymous information generated by Google Analytics cookies about your use of this Site is transmitted to Google. This information is then processed to compile statistical reports and used to evaluate visitor usage so that we can optimize the content to meet your needs better.
3. Megatop uses Google AdWords Remarketing to advertise Megatop across the Internet. AdWords remarketing will display relevant ads tailored to you based on what parts of this Site you have viewed by placing a cookie on your machine. This cookie does not identify you or give access to your computer. The cookie may say, "This person visited this page, so show them ads relating to that page.” Google AdWords Remarketing allows Megatop to tailor our marketing to better suit your needs and only display ads that are relevant to you.
4. How to Opt Out of Remarketing and Advertising If you do not wish to participate in our Google AdWords Remarketing, you can opt out by visiting Google's Ads Preferences Manager. You can also opt-out of any 3rd party vendor's use of cookies by visiting www.networkadvertising.org/choices/

 

Security & Data Standards

1. All billing information we receive from our Customers is protected from unauthorized access by Stripe, Inc as per the latest PCI Data Security Standards (PCI DSS). Please see Megatop's Safety & Security Policy for further details on our safety and security measures.

 

Intellectual Property

1. Customers shall have no right to copy or use any of the intellectual property of Megatop or its suppliers without Megatop's written permission. All materials contained in this Site are subject to the ownership rights of Megatop and its suppliers.

 

Links To Other Websites

1. Our Site may contain links to third-party websites or services not owned or controlled by Megatop. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.
2. Megatop has no control over and assumes no responsibility for third-party websites or services' content, privacy policies, or practices. You further acknowledge and agree that Megatop shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

 

Limitation of Liability

1. Megatop will not be liable nor responsible for any direct, indirect, incidental, punitive, and other damages that result from mistakes, errors, defects, delays, failure of performance, inability to use, or unauthorized access to this Site, even if Megatop has been advised of the possibility of such damages.
2. Customer agrees to indemnify, defend and hold Megatop and the manufacturers of the Products harmless from & against any claims, damages, losses, expenses, and any liabilities arising from or in connection with such use or Product sale.
3. Megatop will not be responsible to you for any loss of profit, loss of business, depletion of goodwill, or damage to your reputation arising out of or in connection with the Product or these Terms & Conditions whether or not Megatop has been made aware of the possibility of such claims or damages.
4. Megatop's liability in all circumstances is limited to, and shall not exceed, the purchase price paid for the Product that gives rise to any liability. Megatop shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the Products it sells which exceed this liability limit.
5. In no event shall Megatop be liable for any claim for incidental or consequential damage arising out of or in connection to the delivery or use of any Product offered on this Site by other means.
6. Any liability of Megatop for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or adjusting the invoice respecting such Products to reflect the actual quantity delivered.

 

Disclaimer

1. Your use of the Site is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

 

Governing Law

1. These Terms & Conditions will be governed by the laws of the State of Vermont, without regard to its conflict of laws, rules, and principles. By using this Site, you hereby agree that any and all disputes regarding these Terms & Conditions will be subject to the courts located in the state of Vermont, Chittenden County. All transactions shall be governed by the laws of the State of Vermont, excluding its conflict of law rules.

 

Severability

1. If any portion of these Terms & Conditions is found invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these Terms & Conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

 

Indemnification

1. You agree to indemnify and hold Megatop, its subsidiaries, affiliates and divisions, and their respective officers, directors, shareholders, and employees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) to the extent arising from or in connection with (i) the negligence or willful misconduct of Customer, its agents, employees, representatives or contractors; (ii) use of a Product in combination with equipment or software not supplied by Megatop where the Product itself would not be infringing; (iii) Megatop's compliance with designs, specifications or instructions supplied to Megatop by Customer; (iv) use of a Product in an application or environment for which it was not designed; or (v) modifications of a Product by anyone without Megatop's prior written approval.

Miscellaneous

1. If any provision of these Terms & Conditions shall be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.

 

Modification of Terms & Conditions

1. Megatop will have the right to modify and restate these Terms & Conditions, and such modifications will be effective immediately upon being posted on the Site.
2. No modifications or additions to Megatop's Terms & Conditions by Customer shall be binding upon Megatop unless agreed to in writing by an authorized representative of Megatop.
3. If an order or any correspondence submitted by Customer provides terms or conditions contrary to or in addition to Megatop's Terms & Conditions, Megatop's fulfillment of any such order shall not be construed as acceptance of any of the terms and conditions proposed by Customer. This will not constitute a waiver by Megatop of any of the Terms & Conditions contained herein.

 

Complete Agreement

1. These Terms & Conditions constitute a binding agreement between you and Megatop and are accepted by you upon your use of this Site. These Terms & Conditions constitute the entire agreement between you and Megatop regarding the use of the Site. By using the Site, you represent and warrant that you are capable of entering into a binding agreement and that you agree to be bound by these Terms & Conditions (whether on behalf of yourself or a legal entity you represent).