Terms & Conditions

Updated: October 1, 2026

This Terms and Conditions of Sale Agreement (this “Agreement”) applies to all purchases of enterprise IT hardware, equipment, component parts, and related services (“Products”) from Pre Rack IT, LLC (“Pre Rack IT”) located in the United States, unless explicitly superseded by a separate written Master Services Agreement or contract executed between you (“Customer”) and Pre Rack IT. By placing an order, accepting delivery, or issuing a purchase order to Pre Rack IT, Customer agrees to be bound by and accept these Terms and Conditions.

PLEASE READ SECTION 11 (DISPUTE RESOLUTION AND ARBITRATION) CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

1. INDEPENDENT RESELLER & OEM DISCLAIMER

Pre Rack IT is an independent, third-party reseller and integrator of pre-owned, refurbished, and unused enterprise data center hardware. Unless specifically indicated otherwise in writing on a valid quote/invoice:

• Non-Affiliation: Pre Rack IT is not a direct affiliate of Dell Technologies / Dell EMC, Hewlett Packard Enterprise (HPE), Nutanix, Lenovo, IBM, Cisco Systems, or any other Original Equipment Manufacturer (OEM).
• Trademarks: All brand names, product numbers, trademarks, registered trademarks, and logos displayed or mentioned belong solely to their respective OEM owners and are used by Pre Rack IT strictly for identification and compatibility identification purposes.
• OEM Warranties: Products sold by Pre Rack IT are covered exclusively by Pre Rack IT’s limited warranty as described herein, unless otherwise stated in the quote/invoice. Pre Rack IT does offer new products and OEM warranties for those products will be clearly defined in the quote/invoice. 

2. INITIAL INSPECTION & TESTING POLICY

Due to the sensitive nature of enterprise data center components, Customer must perform an initial inspection and functional verification promptly upon delivery.

• Testing Window: Customer must unpack, power on, and test all Products within thirty (30) calendar days of delivery.
• Reporting DOA: If a Product or component fails to power on, exhibits critical system faults, or is non-functional upon initial installation (“Dead on Arrival”), Customer must notify Pre Rack IT in writing at support@prerackit.com or via phone at 404-436-1241 within the 30-calendar-day DOA window. Notifications outside the 30-calendar-day DOA window, default to limited warranty coverage. 
• Expedited DOA Service: Verified DOA claims reported within this window qualify for priority, expedited advance replacement cross-shipping at Pre Rack IT’s discretion, subject to inventory availability. 

3. PRODUCT LIMITED WARRANTY

Pre Rack IT warrants that all new, refurbished and/or certified  pre-owned products will be free from defects in material and hardware workmanship for a period of ninety (90) calendar days from the original invoice date, unless a different warranty term is expressly stated on Customer’s invoice/quote.

• Remedies: During the warranty period, Pre Rack IT will, at its sole discretion: (i) supply replacement parts necessary to repair the Product, (ii) repair the Product, (iii) replace the Product with an equivalent or functionally superior unit, or (iv) refund the purchase price paid LESS original shipping and handling charges upon returned receipt.
• Serial Number & Anti-Tampering Verification: All Products and internal components are cataloged by serial number and marked with tamper-evident security labels. Warranty coverage is immediately rendered void if:

• Serial numbers are defaced, altered, removed, or do not match Pre Rack IT sales records.
• Security seals are broken, altered, or tampered with without prior written authorization from Pre Rack IT.
• Damage is caused by misuse, electrical surges, improper cooling/environmental conditions, unauthorized service, or hardware modifications.

• Exclusions: This warranty covers hardware components only. It specifically excludes cosmetic imperfections that do not materially alter functionality, software issues, virus infections, configuration errors, and third-party compatibility mismatches.

4. SOFTWARE, OPERATING SYSTEMS, & FIRMWARE LICENSING

Customer acknowledges that Pre Rack IT sells physical hardware components and hardware systems only.

• Firmware & Updates: Customer is solely responsible for verifying rights to and obtaining software, operating systems, hypervisors, and firmware updates directly from the respective OEM. Pre Rack IT is not responsible for OEM software paywalls, access restrictions, or license transfer fees.
• Compliance: Customer agrees to comply with all end-user license agreements (EULAs) and software usage rights established by original software owners.

5. DATA SANITIZATION & CUSTOMER DATA RESPONSIBILITY

Pre-Sale Sanitization: Pre Rack IT sanitizes storage media (HDDs, SSDs, NVMe drives) in general accordance with recognized industry standards (such as NIST SP 800-88 Guidelines for Media Sanitization) prior to resale.

• Customer Backup & Clearance: Prior to returning any hardware, server, or storage component to Pre Rack IT for replacement or repair, Customer is required to backup all data and completely erase/sanitize any confidential, proprietary, or personal data. Pre Rack IT DISCLAIMS ALL LIABILITY FOR ANY LOST, CORRUPTED, OR COMPROMISED DATA ON RETURNED EQUIPMENT.

6. LOGISTICS, SHIPPING, & FREIGHT CLAIMS

Pre Rack IT ships orders using standard ground parcel carriers or heavy freight service providers depending on cargo weight and volume.

7. RETURNS, CANCELLATIONS, & RESTOCKING FEES

Return Authorization: All returns require a valid Returned Merchandise Authorization (RMA) number issued by Pre Rack IT prior to shipment. Packages received without an RMA number will be refused and returned at Customer’s expense.

• Discretionary / Order Cancellation Returns: Requests for non-defective returns or order cancellations must be submitted within thirty (30) calendar days of invoice date. Approved discretionary returns are subject to a 20% restocking fee.
• Return Condition: Returned Products must arrive in the exact physical and operating condition as delivered, packaged in original or equivalent protective enterprise packaging, with all accessories, drives, trays, and power cables included.
• Non-Refundable Costs: Freight and shipping fees are non-refundable. Customer is responsible for prepaid return freight costs on non-defective returns.
• Unreturned Warranty Parts: When advance replacement parts are issued under warranty, Customer must return the original defective hardware within fourteen (14) calendar days of receiving the replacement. Failure to return defective items within 14 days will result in Customer being billed for the replacement hardware at current market value.

8. WARRANTY SERVICE PROCESS

Contact Pre Rack IT Support by calling 404-436-1241 or emailing support@prerackit.com.

1. Provide system serial numbers, invoice number, description of fault, and assist Pre Rack IT technical support in running diagnostic logs (e.g., Dell TSR, HPE Active Health System logs).
2. Upon diagnostic confirmation, Pre Rack IT will issue an RMA number and shipping instructions.
3. Ship defective products to: destination provided on RMA

9. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

EXCEPT FOR THE EXPRESS LIMITED WARRANTIES CONTAINED IN THIS AGREEMENT, PRE RACK IT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRE RACK IT DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION OF ANY HARDWARE.

IN NO EVENT SHALL PRE RACK IT OR Customer BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, DOWNTIME, OR DATA LOSS. PRE RACK IT’S TOTAL MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PURCHASE PRICE PAID BY Customer FOR THE SPECIFIC PRODUCT GIVING RISE TO LIABILITY.

10. SERVICES & MAINTENANCE

Where Pre Rack IT provides third-party maintenance, rack integration, testing, or engineering services, services will be performed in a professional manner. Customer must back up all systems before on-site or remote services occur. Pre Rack IT is not liable for data loss or preexisting operating system failures occurring during maintenance.

11. DISPUTE RESOLUTION & BINDING ARBITRATION

Any dispute, claim, or controversy arising out of or relating to this Agreement, product purchase, or breach thereof shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) or National Arbitration Forum under its commercial arbitration rules. Arbitration shall take place on an individual basis before a single arbitrator; class actions or consolidated proceedings are strictly waived.

12. GENERAL TERMS

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflicts of law rules.

• Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Entire Agreement: This Agreement constitutes the complete agreement between Customer and Pre Rack IT regarding product sales, overriding all prior verbal understandings, quotes, or buyer purchase order terms unless expressly accepted in writing by an authorized representative of Pre Rack IT.