terms & conditionsThe following are the Terms and Conditions of sale ("Terms and Conditions") applicable to sales of products ("Products") by TheBookPC.com, Inc. ("TheBookPC") or any and all use of www.thebookpc.com website by the website user or buyer ("You" or "Customer"). These terms shall apply in the absence of a written contract between you and TheBookPC signed by both parties, covering the sale of TheBookPC Products and the support thereof. In no event shall any conflicting or additional terms set forth in Customer's purchase order (or any other document provided by Customer) apply to TheBookPC's sale of Products to Customer.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING ANY PRODUCTS FROM THEBOOKPC OR MAKING ANY USE OF THEBOOKPC'S WEBSITE AT WWW.THEBOOKPC.COM (THE "THEBOOKPC SITE"). BY PURCHASING ANY PRODUCTS FROM THEBOOKPC, OR BY USING THE THEBOOKPC SITE, CUSTOMER HEREBY AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. IF CUSTOMER DOES NOT AGREE WITH THEM, THEN CUSTOMER MUST NOT PURCHASE ANY PRODUCTS FROM THEBOOKPC, IMMEDIATELY RETURN ANY PRODUCTS THAT CUSTOMER MAY HAVE ORDERED, AND PLEASE CEASE ALL USE OF THE THEBOOKPC SITE.
TheBookPC reserves the right, at its discretion, to change these Terms and Conditions at any time. Any such changes will be effective thirty (30) days after they are first posted to the TheBookPC Site. Please check these terms for changes. Your continued use of the TheBookPC Site following the posting of changes to these terms means you will accept those changes.
1. TheBookPC Content: Customer acknowledges and agrees that all information and materials contained in TheBookPC Site are Seller's exclusive property or the property of its licensors (the "TheBookPC Content"). Except as permitted in this Section 1 below, no TheBookPC Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Customer may use and download TheBookPC Content in connection with Customer's use of the TheBookPC Site to evaluate and purchase Products. In all circumstances, however, Customer agrees to: (i) keep intact all copyright and other proprietary notices, (ii) make no modifications to the TheBookPC Content, and (iii) not download quantities of TheBookPC Content to a database server, or other computer that can be used to avoid future use of and/or downloads from the TheBookPC Site. 2. Pricing: Retail prices for Products are available on the TheBookPC Site. Customers may request a quote for volume orders of 5 or more units (“Volume Orders”). If a quote is issued by TheBookPC, pricing is valid for 7 days unless otherwise noted, and does not include shipping. Prices are for minimum order quantities as stated. Prices are FOB Ft. Charlotte, NC unless stated otherwise. 3. Payment Terms: TheBookPC accepts the following payment methods: Visa, Master Card, Discover, American Express, and PayPal. TheBookPC may accept International Credit Cards, COD, Check, Purchase Orders, and extends terms on a case-by-case basis. TheBookPC accepts wire transfers on orders over $1,000. Customer agrees to pay applicable taxes, if any, including value-added, excise, all state and local sales and/or use taxes and personal property taxes, and any customs duties or charges imposed. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use, or other applicable tax or fees or assessments is based on the location to which the order is shipped. Due to a warehouse and employees in North Carolina, unless presented with evidence of exemption, TheBookPC is required to levy NC sales tax on orders delivered within those states. Orders from Canadian customers are subject to customs duties and/or brokerage fees. TheBookPC requires payment prior to shipment, unless credit terms have been expressly granted. In the event TheBookPC grants credit terms, payment shall be due upon delivery (unless otherwise agreed to in writing by TheBookPC). Any sum not paid by Customer when due shall bear interest until paid at a rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is greater. If TheBookPC brings an action for breach of these Terms and Conditions, including any action to enforce its right to payment, Customer shall be liable for TheBookPC's reasonable attorneys' fees, costs, and expenses incurred in connection with such action. 4. Shipping: Customers are responsible for all shipping and insurance charges. TheBookPC.com offers UPS Ground shipping to the 48 contiguous United States. All orders are custom built and usually require 3-5 business days for assembly and testing. The lead time may vary among systems and is displayed on the products page. Shipping and delivery dates are not guaranteed. Orders can be delayed because of payment, billing, or shipping verification in order to prevent fraudulent credit card transactions. Tracking numbers will automatically be sent to the customer when the order has shipped. TheBookPC.com does not process or ship orders on weekends or holidays. Shipping charges are non-refundable. Products purchased or received under these terms and conditions are subject to export laws and regulations of the United States of America. Title and risk of loss to Products pass from TheBookPC to Customer upon TheBookPC's delivery of the Products to the carrier. International Shipping: As the importer of record, the recipient is responsible for any additional levies, duties, taxes and other customs fees required for clearance. These fees vary from country to country and change often, so we are unable to control or predict them. Please contact your local post/customs office for more information. TheBookPC.com, Inc. will not issue credit for any orders that are refused or abandoned. 5. Force Majeure: Delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non-performance is caused by Force Majeure. For purposes of this Agreement, "Force Majeure" shall mean any cause preventing performance of an obligation under this Agreement (except for the payment of money) which is beyond the reasonable control of either party hereto, and which by the exercise of reasonable and customary due diligence, could not have been avoided or overcome, including without limitation, fire, flood, sabotage, shipwreck, embargo, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts, tariffs, duties or other obligations imposed based on laws or regulations now in existence as well as those enacted in the future), acts of God, and delays or failure in obtaining components from suppliers, raw materials or transportation. 6. Backorder Policy: Products marked "Out of Stock" or "Backordered" on the TheBookPC Site can still be ordered. Credit card charges will not occur until the order is scheduled to ship. In the event that an item ordered is out of stock, TheBookPC will notify Customer and provide updates as necessary. Availability of out-of-stock items is dependent upon the manufacturer. TheBookPC will not split orders unless the Customer requests a split shipment and provides payment for each shipment.
7. Order Changing or Canceling Policies: All changes or cancellations must occur before the order has begun the assembly process. Cancellation requests after this time may result in a cancellation fee of 10% (excludes any tax charged). Products not offered on the TheBookPC Site as standard Products ("Special Orders") and Volume Orders are non-cancelable. Customers may request to make a change to or cancel their order by contacting TheBookPC during business hours.
8. Return, Exchange and Refund Policies: TheBookPC will accept returned Products in accordance with its "Return for Refund" policy set forth in Section 9 below and in accordance with its warranty set forth in Sections 9 and 10, below. No returns will be accepted without an issued Return Merchandise Authorization (RMA) number. Unauthorized returns will be refused and returned to sender. To request a refund or repair, fill out an RMA form. RMA numbers are good for 14 days. Customers are responsible for the cost of shipping the returned Products to TheBookPC or to the OEM as may be specified by TheBookPC. Customer also will be responsible for insurance for loss or damage during return. TheBookPC will use UPS Ground shipping when sending replacement Products to domestic locations. Shipping costs are non-refundable. Claims that the Product did not arrive must be made within 14 days after "item shipped" notification. Claims that the Product was damaged upon arrival, missing, shortage, or incorrect product claims, at the fault of TheBookPC or shipping company, must be made within 14 days of shipment.
9. Return for Refund: If you wish to return a system for refund, exchange, or repair, you will need a Return Merchandise Authorization (RMA) number. Customer may return system for a refund within 15 days of the ship date. The following Products are non-returnable and non-refundable: - Systems that have been defaced, modified, or physically damaged.
10. Warranties: Except when otherwise noted on the TheBookPC Site, TheBookPC warrants that, all Products will be free from defects in materials and workmanship for a one-year period from the ship date. Extended warranties may be available on select Products but any extended warranties will apply only if (i) expressly set forth in writing by TheBookPC and (ii) paid for by Customer. If a Component or System appears to be non-functioning or defective, read this section and contact TheBookPC technical support at 888-959-2665 or send an inquiry to [email protected]. A TheBookPC technician will contact you to discuss your issue and options. If the Product is under warranty at the time Customer submits a warranty claim to TheBookPC, and the warranty has not been voided, TheBookPC will, at its sole option, either repair or replace the Product, or issue Customer a refund for the purchase price of the Product. In the case of discontinued items or those approaching end of life, a comparable replacement as determined by TheBookPC, may be provided. The foregoing shall be Customer's sole remedy and TheBookPC's sole liability under any warranty claim. The warranty will be void if there is evidence of damage, misuse, or modification by the Customer. The warranty does not extend to the following Products: closeout items and software. For warranty repairs, International customers must bear shipping costs to and from TheBookPC and any duties, taxes, or brokerage fees associated with the RMA. When items returned for repair are found to be working or when the warranty has been voided, the cost of shipping back to the Customer will be charged to the Customer. Prior to sending in computer Systems, barebones products, or hard disk drives for repair, customers should backup all valuable data.
11. Disclaimer and Limitation of Warranties: EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 10 ABOVE, ALL PRODUCTS ARE PROVIDED STRICTLY "AS IS," WITHOUT ANY WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. This disclaimer and exclusion shall apply even if the express warranty and limited remedy set forth above fails of its essential purpose. The warranty provided is subject to the limitation of liability and waiver of consequential and other damages set forth in Sections 12 and 13, respectively, below. The Products are not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. TheBookPC specifically disclaims any express or implied warranty of fitness for such purposes. No oral or written information or advice given by TheBookPC, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of any warranty provided in the Agreement.
12. Limitation on Liability: THE AGGREGATE LIABILITY OF THEBOOKPC, ITS SUPPLIERS AND ITS SUBCONTRACTORS IN CONNECTION WITH ANY CLAIM WHATSOEVER BROUGHT UNDER OR RELATED TO THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY CUSTOMER TO THEBOOKPC FOR THE PRODUCTS THAT GAVE RISE TO SUCH LIABILITY. THE LIABILITY OF THEBOOKPC, ITS SUPPLIERS AND ITS SUBCONTRACTORS SHALL BE CUMULATIVE AND NOT PER INCIDENT.
13. Waiver of Consequential and Other Damages: IN NO EVENT SHALL EITHER THEBOOKPC, ITS SUPPLIERS OR ITS SUBCONTRACTORS BE LIABLE FOR ANY COSTS OR EXPENSES FOR THE PROCUREMENT OF SUBSTITUTE EQUIPMENT, ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST OR DAMAGED DATA, OR ANY INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING IN ANY WAY OUT OF THE AGREEMENT OR THE TERMINATION THEREOF, EVEN IF THEBOOKPC, ITS SUPPLIERS OR SUBCONTRACTORS HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THE AGREEMENT.
14. Customer Access, Security and Privacy Policy: Customers can log into their TheBookPC account at any time to obtain their order status. All online transactions through TheBookPC are processed through our secure server and encrypted with 128-bit technology. Credit card payments are processed in real time through our payment gateway. Every order is examined by an employee to protect TheBookPC and its Customers from fraudulent transactions. Except at Customer's explicit request, TheBookPC does not retain credit card information. TheBookPC will never sell or rent your personal information. Information provided is used solely for the fulfillment of your order and possible promotional notifications from TheBookPC. The TheBookPC Newsletter provides Customers with product updates, promotions, etc. Customers may unsubscribe to the newsletter at any time. Unless covered by a separate confidentiality or non-disclosure agreement, TheBookPC reserve the right to identify the Customer Company Name by name and/or logos on TheBookPC owned websites or other promotional materials. Any such reference shall not identify any purchase order or application details without Customer’s express prior approval.
15. Acceptance of Orders: TheBookPC holds the right to accept, decline, refuse, or cancel an order for any reason. Receipt of an electronic confirmation does not signify TheBookPC's acceptance of an order or confirmation of TheBookPC's offer to sell. Terms of payment are at the discretion of TheBookPC. In the event of incorrect pricing or information due to typographical error, TheBookPC can refuse or cancel the order. In this case, a refund will be issued immediately. TheBookPC reserves the right to make exceptions to these Terms and Conditions.
16. Site Links and Trademarks: TheBookPC Site may contain links to other sites on the Internet that are owned and operated by third parties. TheBookPC is not responsible for the operation of or content located on or through any such site. All product names throughout this Site are trademarks or registered trademarks of their respective holders. All product names and company logos mentioned herein remain the trademarks of their respective owners.
17. Insurance: TheBookPC has, for itself and any permitted subcontractor it engages, procured and will maintain with an insurance carrier, at TheBookPC's expense, insurance coverages for General Liability, Personal Injury and Automobile Liability, in coverage amounts commensurate for TheBookPC's industry.
18. Indemnification: Customer assumes all responsibility and liability for injury or damages resulting from its handling, possession, use or sale of Products supplied hereunder, including, but not limited to any injury or damage resulting from the use of Products in combination with other products, and agrees to hold harmless, defend and indemnify TheBookPC, its contractors and subcontractors, from and against all claims, losses, liabilities and expenses (including attorney's fees and other litigation or settlement costs) arising out of such handling, possession, use or sale. The foregoing duty of Customer to hold harmless, defend and indemnify TheBookPC shall not apply to the extent such claim, loss, liability or expense results from the willful misconduct or gross negligence of TheBookPC.
19. Relationship: TheBookPC and Customer are independent from each other. No relationship of principal to agent, master or servant, employer to employee, or franchiser to franchisee is established hereby between us. Neither has the authority to bind the other or incur any obligation on behalf of the other.
20. Applicable Law: Any dispute arising from the services will be governed by, and construed in accordance with, the laws of the State of North Carolina(excluding the United Nations Convention on Contracts for the International Sale of Goods) without regard to conflict of laws principles. Any proceeding brought under or related to these Terms and Conditions shall be brought solely and exclusively in the state and federal courts located within the State of North Carolina, and the parties expressly consent to the exclusive jurisdiction of such courts.
21. Notices: Any notice, communication or statement required or permitted to be given hereunder shall be in writing and deemed to have been sufficiently given when delivered in person, by registered or certified mail, postage prepaid, return receipt requested, or by reputable overnight carrier. Notices to TheBookPC shall be directed to TheBookPC.com, Inc., 1811 Sardis Road North, Suite # 214, Charlotte, NC 28270 and notices to Customer shall be directed to the address listed in the Customer order to which these Terms and Conditions apply, or to such other address or addresses as either party may hereafter designate in writing. |
