Commercial Mortgage Terms
Your use of the supportcompany.org web site (the “Site”) and our services, including phone orders, all purchases, and inquiries, from Company's is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below personally or as an agent for any business entity you represent. The term “Customer” means you or the business entity you are ordering goods or services for. If you do not agree to these terms and conditions, please do not use this site and please do not submit any orders for products or services. The terms and conditions posted on this website, including the warranty policy, are public information and must be adhered to by anyone doing business with Company's unless there is a written contract signed by an officer of Company's.
An interest rate accrual method in which the interest calculation assumes that all 12 months of a calendar year have 30 days and uses a 360-day year. An Actual/360 interest calculation charges interest for all 365 calendar days using a 360-day year. Therefore, borrowers pay 5 days less interest than under Actual/360.
B. Acceleration Clause
The acceleration clause is the section in a mortgage that says if the borrower sells the property or places a second mortgage / mezzanine loan on the property that the bank can immediately demand to be paid in full.
Stands for Automated Clearing House. Refers to Auto-Pay for a commercial mortgage for loan servicing
D. Actual 360
An interest rate accrual method in which interest calculation charges interest for all 365 calendar days using a 360-day year. A 30/360 interest calculation assumes that all 12 months of a calendar year have 30 days and uses a 360-day year. Therefore, borrowers pay 5 days more interest than under 30/360.
E. Actual 365
An interest accrual method in which the annual interest will be divided by a 365 day year, and the interest for each interest period will be the interest for the actual number of days in that period. The number of days in the year for periodic calculation is usually one of three choices: 1) actual days in the year (365 or 366 for leap years), 2) always 365 days, or 3) always 360 days (based on 12 x 30-day months). Each interest basis reflects a choice for computing the number of days in the interest period and the number of days in the year in which interest is paid.
An interest accrual method in which the annual interest will be divided by a 365-day year, and the interest for each interest period will be the interest for the actual number of days in that period.
G. APR (Annual Percentage Rate)
The effective interest rate a loan would have if one accounted for costs associated with securing the loan, such as closing costs and points. It represents the annual cost of a loan and is thus a more reliable indicator for comparing different mortgage options.
H. ORDER ACCEPTANCE POLICY
Your receipt of an electronic or phone order confirmation does not signify our acceptance of your order. Company's reserves the right at any time after receipt of your order to accept or decline your order for any reason.
I. DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD
YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO Company's. ARISING FROM ANY PRODUCT SOLD BY Company's SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL Company's, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.
1. DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE supportcompany.org WEBSITE. THE supportcompany.org WEB SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS”. Company's. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE supportcompany.org SITE, THEIR OPERATION, CONTENTS, INFORMATION, OR MATERIALS ON THE SITE. Company's EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR THEIR USE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT Company's, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE Company's SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
J. TITLE TRANSFER
Company's retains title to parts and complete systems purchased until the said purchaser pays for items in full at which time the title passes to purchaser.
K. GOVERNING LAW
You agree that any legal action brought against Company's shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any arbitration arising from your use of or orders and purchased made on the Company's sites or from Company's shall be in Alameda County, California. All actions between the parties related to purchases and sales from Company's shall be resolved by binding AAA arbitration in Alameda County California.
Refunds are only issued for the sale amount at current selling market value (see section “O”) of the component(s) inside the computer, and does not include freight charges.
Additionally, a 15% restocking fee is applied to computer system unless all of the three items below have been met:
Your purchase is returned back to Company's within 30 days of original delivery.
There are defective hardware component(s) inside the computer such as a memory stick causing stability/performance issue.
Company's or a third-party computer company contracted by Company's has verified that the stability/performance issues are in direct result of the hardware inside the computer and NOT the software such as the operating system, drivers, or software.
Company's cannot offer a full refund for the purchase price of the product(s) unless there were issues such as defective hardware component(s) inside the computer such as a memory stick causing stability/performance issues. The returned merchandise must include its original packaging, manuals, and all accessories. All sales on software items are final. Opened accessories such as the monitor and speakers will not be refunded. Company's will not refund shipping costs and will not pay shipping for returning packages. ORIGINAL SALES RECEIPT REQUIRED FOR ALL RETURNS. THE 30 DAY MONEY BACK GUARANTEE IS ONLY HONORED IF THE COMPUTER SYSTEM IS RETURNED TO Company's WITHIN 30 DAYS FROM DATE OF ORIGINAL DELIVERY AND THE COMPUTER MUST HAVE DEFECTIVE HARDWARE. CUSTOMER IS RESPONSIBLE FOR ALL SHIPPING FEES FOR RETURNS. THE REFUND VALUE WILL BE THE FULL PURCHASE PRICE OF A NEW Company's COMPUTER AT CURRENT MARKET VALUE. Before making any return, back up all software and data and remove any personal information, confidential information or private content which you do not want viewed or used by any third party. Company's is not liable for lost data or misuse of data on computers that are returned for any reason.
M. WARRANTY SERVICE
Company's warrants to the original purchaser that any hardware part of the computer system, excluding accessories (display monitor, keyboard, mouse, software, operating system, documentation and similar items) will be free of defects in workmanship and materials for the period the warranty included with the purchase from the date of delivery to Customer. During the warranty period, Company's will repair or replace, at its sole discretion, the defective computer system, for defects specified by you, free of charge for labor and/or parts depending on your warranty period. Parts may not be the same but will be equivalent parts. Company's will cover shipping costs back and forth and replace the part(s) within the first 60 days of receiving your computer system. After 60 days you will be held liable for shipping costs to Company's and Company's will cover return shipping back to you. The remedy for this breach of warranty is limited to replacement or repair with parts warranted for the the remainder of the warranty period. Any additional purchases or upgrades will not extend this warranty. Excluded from this warranty is any damage caused during shipment (except the shipment to the original purchaser) and any damage caused by: impacts, fluids, fire, flood, wind, earthquake, lightning or similar disaster; unauthorized modifications, attachments or peripherals, improper use, environment, installation or electrical supply; improper maintenance; any other misuse, abuse, or mishandling. Company's's sole liability, under this warranty, for failure to repair or replace the hardware system after a reasonable number of attempts is limited to replacement or, at Company's's sole discretion, refund of the original purchase price. The above constitutes purchaser's exclusive remedies for breach of warranty. Company's shall, under no circumstances, be liable for any other damages, including but not limited to special, incidental, consequential and other similar claims whether based upon breach of contract, breach of warranty, negligence, or strict liability, or any other similar theories. Damages excluded include but are not limited to: loss of profit, loss of revenue, loss of data or software, loss of use of the hardware system, loss of use of related equipment, cost of substitute or replacement equipment, "down-time", purchaser’s time, injury to property, and all claims of third parties. EXCEPT AS EXPRESSLY STATED HEREIN, Company's MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY Company's. EXCEPT AS EXPRESSLY STATED HEREIN, Company's. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Depending on the term of the limited warranty, the coverage of labor and parts will vary. For additional details, please visit the warranty details page.
N. REFUSED SHIPMENTS
Any product that Company's ships out to Customer comes back to Company's as refused delivery, Customer will subject to fees. A restock fee of 15% will be applied to computer system. Also, shipping fees sending the package to the Customer and receiving the package back from the Customer will not be refunded.
O. CURRENT MARKET VALUE
Since every computer system is customized to the Customer’s needs, it becomes difficult to return computer systems for a full refund. If you are having defective parts issues with the computer system, we will be more than happy to offer a full refund, minus shipping costs for the purchase price of the computer at its current market value. For example, if you purchased a system from Company's at the price of $1,500.00 after a length of time, you are requesting a full refund (and you have a verified defective hardware component such as a memory stick, etc causing stability/performance issues within the first 30-days of original delivery) we will offer a full refund for the hardware at its current selling market value. If the same system is now available for $1,200.00, Company's will issue a refund of $1,200.00 which will allow you to still purchase a computer with the same configuration that you originally ordered at $1,500.00. This protects the customer and Company's from price adjustments from manufacturers that are out of both Company's and the customer’s control. In the end, the customer will still be able to buy a new computer with the same specifications from the original purchase.
P. SPECIAL REQUESTED COMPONENTS & ACCESSORIES
Customers are more than welcome to request Company's to purchase components or accessories that we normally do not offer and stock for customers to purchase on our website. In the event of an order cancellation, such items cannot be returned to Company's for a refund under any circumstances once they have been ordered, they will be returned back to the customer at the customer’s expense. In addition, if any special ordered components or accessories turn out to be defective during testing at Company's or after the customer receives the end product, it will be the responsibility of the customer, not Company's to obtain replacement warranty service directly from the manufacturer.
Q. INTERNATIONAL CUSTOMERS
The Terms and Conditions and Warranty also applies to Company's products shipped to any location outside of the Continental United States, the customer is responsible for paying all freight charges incurred in shipping, importing/exporting, receiving replacement parts and for arranging and paying for the shipment of any defective part(s) back to Company's. All international customers are responsible for all customs duties, VAT and other associated taxes and charges. Such import custom, duty, VAT and other taxes and charges are non-refundable once the order ships.