Terms and
Privacy Policy

Terms of Service

All sales of servers, hardware, equipment and other computer products ("Products") by Sesame ("Sesame") shall be made only upon these Terms and Conditions of Sale ("Terms and Conditions") and NOT any purchase order or other document of Buyer. By PLACING AN ORDER FOR PRODUCT(S), BUYER ACCEPTS AND IS BOUND BY THESE TERMS AND CONDITIONS. Sesame's failure to object to any terms which conflict with these Terms and Conditions shall not be deemed a waiver or objection thereto. NEITHER SESAME NOR BUYER IS BOUND BY ANY TERMS AND CONDITIONS IMPRINTED OR IMBEDDED IN ORDERS, ORDER ACKNOWLEDGEMENTS OR OTHER COMMUNICATIONS BETWEEN THE PARTIES UNLESS SPECIFICALLY AGREED UPON IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF SESAME.

  1. Prices. Quotations, unless previously withdrawn, are only open for acceptance by Sesame within 7 days from quotation date and are subject to approval of Buyer's credit. Prices quoted do not include shipping, handling, and taxes. If Buyer claims any exemption, Buyer must provide a valid, signed certificate or letter of exemption for each respective jurisdiction. All prices are subject to adjustment due to errors, omissions, specifications, quantities, materials, cost of production, shipment arrangements or other terms and conditions which are not part of Sesame's original price quotation. Sesame may cancel orders at any time, in its sole discretion.
  2. Payment. Payment terms are at Sesame's sole discretion, and unless otherwise agreed to by Sesame, payment must be received prior to Sesame's acceptance of an order. Invoices are due on demand and shall be paid without offset or deduction within the time period noted on Buyer's invoice, measured from the date of the invoice. Interest at 10% per annum (or the maximum rate allowed by law if less) will be payable on any amount outstanding for longer than 30 days. Buyer shall also be responsible for all reasonable legal fees, costs and expenses incurred by Sesame if Buyer's late payment results in collection efforts. Sesame shall also be entitled in its absolute discretion to apply any payment received from Buyer to Sesame towards any indebtedness of Buyer, whether under this or any other agreement.
  3. Delivery and Time. Delivery dates quoted by Sesame are best estimates only and time is expressly not of the essence. Late or partial delivery does not entitle Buyer to cancel its order. Buyer acknowledges that Sesame will not be liable for any damage or injury arising from a delay in delivery. In the event of delivery by installments, Buyer is not entitled to treat the delivery of faulty Products in any one installment as a repudiation of the entire agreement. Buyer must notify Sesame in writing of no delivery of Products, or receipt of nonconforming or damaged Products within 3 days of the delivery date. Delivery to Buyer occurs when Products are delivered to Buyer, the carrier or Buyer's agent at Sesame's facility, whichever occurs first.
  4. Risk of Loss, Title to Products, and Security Interest. All Products are shipped "Ex Works" Houston (per Incoterms 2000). In the absence of instructions as to shipping, Sesame will select a carrier who is not its agent. Such instructions shall not change the "Ex Works" terms of shipping, and Sesame will have no liability for such shipment. Title to Products does not pass until Buyer has paid for Products in full. Buyer agrees that Sesame shall retain a purchase security interest in all Products which it has sold to Buyer, and to any proceeds from the disposition of the Products, until the purchase price and any other charges due to Sesame have been paid in full. Buyer agrees to execute any financial statements or other documents which Sesame may request in order to protect Sesame's security interest. Buyer expressly authorizes Sesame to execute such security documents on Buyer's behalf and hereby designates Sesame its attorney-in-fact for such limited purposes. In addition to the rights and remedies granted by these Terms and Conditions, Sesame shall have all rights and remedies of a secured party under the Uniform Commercial Code, which rights shall be cumulative.
  5. Limited Warranty; Limitation of Liability. Unless otherwise noted by Sesame, the terms and conditions of the Limited Warranty available at http://www.Sesame.com/warranty/ is hereby incorporated and made part of these Terms and Conditions.
  6. Except as specifically provided herein, SESAME MAKES NO WARRANTY, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR INTENDED PURPOSE OR USE, NON-INFRINGEMENT OR ORIGINALITY. IN NO EVENT SHALL SESAME BE LIABLE FOR ANY CLAIMS ALLEGING NEGLIGENCE OR WORSE OR FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DOWNTIME COSTS OR LOSS OF USE, INCOME, DATA, PROFITS, OPPORTUNITY, OR GOODWILL) NOR SHALL SESAME BE LIABLE FOR ANY DAMAGE TO OTHER PRODUCTS, REGARDLESS OF WHETHER SESAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SESAME'S MAXIMUM AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE.
  7. Changes. Sesame may modify, revise or cancel its Limited Warranty, Return Policies, or these Terms and Conditions from time to time, at its sole discretion, and such change will not affect Product ordered by Buyer prior to the date of such change.
  8. Default. Sesame shall be entitled to suspend any (further) performance of an order or to dissolve the order or agreement, without prejudice to its right to claim alternative or additional damages, if Buyer is granted a suspension of payments or is declared bankrupt; if Buyer defaults in complying with one or more of its obligations to Sesame; or if Sesame fears that Buyer is or will be unable to meet its obligations under the agreement and Buyer fails to offer adequate security for the performance of its obligations within the period indicated by Sesame. If one of the events referred to in this article occurs, all claims Sesame may have against Buyer on whatever basis will immediately become due.
  9. Not for Export. It is the sole and exclusive responsibility of Buyer to understand, verify and comply with all export and re-export requirements relevant to any Products purchased or received from Sesame. Buyer agrees and confirms that Buyer shall not export or re-export, directly or indirectly, any Products, including any items incorporating such Products, to any country (including but not limited to, CUBA, LIBYA, IRAN, NORTH KOREA, SUDAN, SYRIA), destination, or individual (including those on the U.S. Department of Commerce, Bureau of Industry and Security "Entity List" and other lists of denied parties) for which the U.S. Government or any agency thereof requires an export license or other approval for export or re-export, without first obtaining such license or approval. In addition, Products shall not be sold, leased, transferred to or used by an End User engaged in activities of mass destruction, or related to the design, development or use of nuclear materials, nuclear facilities, nuclear weapons, or chemical or biological weapons.
  10. Returns and Cancellations. Requests to cancel or reschedule orders must be agreed to in writing and may or may not be accepted in Sesame's absolute discretion. Without waiving any of its rights, Sesame is entitled to recover all its costs and profits arising out of Buyer's attempt to cancel.
  11. Law. This warranty is governed by the laws of the state of California without giving effect to the principles of conflicts of law. If any of the terms set forth herein is determined to be unenforceable, the other terms and conditions shall remain in full force and effect. Failure of Sesame to enforce any of these Terms and Conditions shall not be deemed a waiver of any of Sesame's rights and shall not affect the validity of the sale or these Terms and Conditions.

Privacy Policy

This privacy policy sets out how Sesame uses and protects any information that you give when you use our website. Sesame is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Sesame may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What we collect

We may collect the following information:

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 8356 Central Ave. Newark CA 94560.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.