Terms of Service & Sale

Rack n' Stack is an independent IT infrastructure integrator and value-added reseller. We are not an authorized reseller, distributor, dealer, service provider, partner, or agent of any manufacturer, and no manufacturer sponsors, certifies, or endorses us.

Manufacturer warranty, technical support contracts, software subscriptions, firmware entitlements, and license transfers are not conveyed by a purchase from us unless a quote expressly says so, and may be unavailable or restricted on secondary-market hardware. Where you require manufacturer support, arrange it directly with the manufacturer or an authorized channel and confirm eligibility before you order.

Quotes are valid for the period stated on the quote and, for hardware, are subject to prior sale. Availability, lead time, and pricing move constantly; nothing on this website is a binding offer.

An order or engagement becomes binding only when we issue a written acknowledgement, countersign a proposal or statement of work, or ship. We may decline or cancel any order where stock is no longer available, where a pricing or specification error is discovered, or where a compliance screen fails, in which case our only obligation is to refund amounts already paid for the cancelled items.

Prices are in US dollars and exclude sales and use tax, duties, brokerage, insurance, freight, and travel unless the quote states otherwise. Resale exemption requires a valid certificate on file before invoicing.

Buyer-initiated cancellations and change orders are accepted only in writing and may carry costs already incurred, including restocking, special-order charges, and scheduled crew time that cannot be reassigned.

Service scope, deliverables, schedule, and acceptance criteria are set out in the written proposal or statement of work for the engagement. Work outside that scope is a change order, priced before it is performed.

You are responsible for site access, escorts, badging, safe working conditions, accurate site information, and the availability of power, cooling, and rack space described in the scope. Crew time lost to access failures or site conditions outside our control is billable at the agreed rate.

We warrant that services will be performed in a professional and workmanlike manner. Where installation work does not meet that standard, tell us within thirty (30) days of the work and we will re-perform it at no charge. That is the remedy for a service defect.

Building-side electrical work, structural work, and anything requiring a licensed trade stays with the appropriately licensed contractor. We coordinate with them; we do not perform their work.

The grade on your quote defines what ships. NEW RETAIL is factory-sealed in original manufacturer packaging. NEW OPEN BOX is unused with packaging opened or replaced. NEW PULL is removed unused from new equipment. REFURBISHED is previously deployed, inspected, tested to the manufacturer's published specification, cleaned, and returned to a known-good firmware baseline. AS-IS / FOR PARTS is sold untested or known-faulty and is expressly excluded from warranty.

Unless the quote expressly lists them, equipment ships without original packaging, accessories, rails, cables, transceivers, licenses, or media. If an accessory matters, have it written onto the quote before you buy.

Cosmetic condition, scuffs, rack rash, and asset-tag residue are not defects on refurbished equipment.

Payment method and terms appear on the quote. Net terms are extended only to accounts approved in writing in advance, and we may reduce, suspend, or withdraw terms at any time.

Overdue balances accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower, and you are responsible for reasonable collection and legal costs.

Title to hardware passes on payment in full in cleared funds. Risk of loss passes on the delivery term stated on the quote. Until title passes we retain a purchase-money security interest in the goods and may file to perfect it.

Ship and mobilization dates are estimates, not guarantees, and we are not liable for carrier delay.

Inspect every shipment on arrival. Visible transit damage must be noted on the delivery receipt and reported within two (2) business days. Shortages, mis-ships, and concealed damage must be reported within five (5) business days of delivery, with photographs and the packing list. After those windows the shipment is accepted as delivered.

Hardware we sell and ship may be subject to US export control law, including the Export Administration Regulations, and to sanctions administered by the US Treasury Office of Foreign Assets Control.

You agree not to export, re-export, transship, or transfer equipment in violation of those laws, and not to supply it directly or indirectly to any restricted or denied party, embargoed destination, or prohibited end use. You will provide end-user and end-use information on request.

For international shipments you are the importer of record and responsible for duties, taxes, customs clearance, licenses, and local compliance unless the quote states otherwise. Incoterms stated on the quote govern delivery and cost allocation.

Hardware warranty coverage varies by item, condition grade, and the nature of the sale, and the exact term for every line is stated on the quote and the invoice. Where this page and the quote disagree, the quote controls. Equipment sold AS-IS or FOR PARTS carries no warranty.

For a confirmed defect inside the stated term we repair the unit, replace it with an equivalent unit, or credit the amount paid, at our option, and that is the exclusive remedy. Every claim starts with an RMA number; returns without one are refused at the dock.

EXCEPT FOR THE EXPRESS LIMITED WARRANTIES STATED ON THIS PAGE OR ON YOUR QUOTE, ALL EQUIPMENT AND SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Where we decommission or dispose of your equipment, you warrant that you own it or are authorized to dispose of it and that it is free of liens.

You remain responsible for backing up and, where you are able, removing your own data before handover. We destroy data by overwriting devices that can be securely wiped and physically destroying those that cannot, and we issue a certificate of destruction per unit.

Our liability for a decommissioning engagement is limited to the fees paid for that engagement.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO AN ORDER OR ENGAGEMENT IS LIMITED TO THE AMOUNT PAID FOR THE SPECIFIC ITEM OR SERVICE GIVING RISE TO THE CLAIM.

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, NETWORK OR BUSINESS DOWNTIME, OR COST OF SUBSTITUTE EQUIPMENT OR SERVICES, EVEN IF WE WERE ADVISED SUCH DAMAGES WERE POSSIBLE.

Any claim must be brought within one (1) year after the cause of action accrues, or it is permanently barred. These limits allocate risk between two businesses and are reflected in the price.

You will indemnify and hold us harmless against claims, losses, and costs arising from your resale, export, deployment, or use of equipment bought from us, your breach of these terms or of export control or sanctions law, and any inaccurate site, end-user, or end-use information you supply.

Neither party is liable for delay or failure caused by events beyond its reasonable control, including supply shortage, carrier or port disruption, labor action, utility or network failure, cyber incident, fire, flood, severe weather, epidemic, war, terrorism, embargo, or government act. Payment obligations already incurred are not excused.

Site content is general information about our services and inventory. Specifications, images, and descriptions are for identification; the quote defines what ships and the statement of work defines what is performed. You may not scrape, mirror, bulk-extract, or use site content to train a model or build a competing catalog without our written permission.

Information you give us through this site, by email, by phone, or in chat is handled as described in our Privacy Policy, which forms part of these terms.

These terms are governed by the laws of the State of Nevada, without regard to conflict-of-laws rules. The state and federal courts in Clark County, Nevada have exclusive jurisdiction, and each party consents to venue there. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

If a provision is held unenforceable, the rest stands. These terms, the quote or statement of work, and the policies referenced in them are the entire agreement on their subject. You agree to transact electronically. We may update these terms at any time; the version in effect when your order is accepted governs that order.

Questions: contact@racknstack.com or 702-362-7659.