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Terms and Conditions
This Agreement was last modified on 14 April 2022.
SALES AND OPEN ONLINE ORDERS ARE BOUND BY THESE TERMS AND CONDITIONS. PLEASE CAREFULLY READ THESE TERMS. SPECIAL TERMS APPLY TO CONSUMERS, AND THESE TERMS AND CONDITIONS TAKE PRECEDENCE OVER THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS.
1. Website
1.1) CoreRex operates this website. CoreRex is a RESELLER OF COMPUTER RELATED PRODUCTS, PERIPHERALS, and ACCESSORIES with a registered office at 1401 21st ST Suite 8213 Sacramento, CA 95811.
1.2 This website is designed for current and potential customers of CoreRex. The Terms and Conditions apply to anyone who places an order for our products. Before placing an order through this website, please read these Terms and Conditions.
1.3 We grant you access to and use of the website subject to the following terms and conditions, which we reserve the right to change at any time without prior notice. YOU WILL BE DEEMED TO HAVE ACCEPTED THE FOLLOWING TERMS AND CONDITIONS BY ORDERING PRODUCTS FROM US, WHETHER BY USING OR ACCESSING THE WEBSITE. PLEASE STOP USING THE WEBSITE IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS.
2. Definitions
2.1) A customer who is not a consumer is referred to as a “Business Customer.”
2.2) A “consumer” is a person who is not acting in the course of their business or profession.
2.3) In these Terms and Conditions, “CoreRex” is also referred to as “CR” or “we” or “us.”
2.4) “Catalog” refers to the company’s product and service catalog.
2.5) “Force Majeure” means any event, event, omission, happening, or non-happening beyond its reasonable control that affects the performance of its obligations, including (but not limited to) governmental regulations, fire, flood, or any disaster or industrial dispute affecting a third party.
2.6) “Normal Working Hours” refers to the hours of 8:00 am to 5:00 p.m. Pacific Standard Time on a working day.
2.7) “Working days” are defined as Monday through Friday, excluding federal, state, and local holidays.
2.8) “Open Online” or “website” refers to the Internet website that can be accessed by typing www. in the address bar.
2.9) “Customer” refers to a company customer, current customer, or prospective customer.
2.10) “User” refers to the person who uses Open Online on the Customer’s behalf.
2.11) “Administrator” refers to the person in charge of administrating and authorizing Users on the Customer’s behalf.
2.12) “Products” refers to the items listed for sale on Open Online that the Customer can purchase.
2.13) “Terms and Conditions” refer to the Customer’s and its Users’ access to the Open Online system, as well as the Limited Terms and Conditions of Sale, which cover the commercial and trading aspects of the relationship between the Customer and.
3. Orders
3.1) These Terms and Conditions apply to all sales of Seller’s products (the “Products”) to Customer, whether the Products are purchased through written purchase orders or electronic orders via EDI (collectively “Purchaser Orders”). The Purchase Order, as modified by’s acceptance or order acknowledgment, becomes a binding contract between Customer and on the terms reflected in those documents (the “Sales Agreement”) upon receipt by Customer of an express acceptance by or upon commencement of performance by In the event of a conflict between these Terms and Conditions and any Purchaser Order, these Terms and Conditions will take precedence, unless the Purchaser has expressly agreed to the conflicting term in the Purchase Order through its acceptance or acknowledgment. If the Purchaser Order and the acceptance or order acknowledgment conflict, the acceptance or order acknowledgment takes precedence. Nothing in these Terms and Conditions is intended to limit a Consumer’s legal or contractual right to reject defective Products.
3.2) All orders are subject to acceptance and availability of the ordered Products: reserves the right to reject any order placed by you.
3.3) You agree to do the following:
3.3.2) The credit or debit card you use to make a purchase from us is your own or your company’s card, that you are authorized to use it, and that there are sufficient funds or credit facilities to cover the cost of any Products or services you order from us. Before providing you with any Products or services, we reserve the right to verify your credit or debit card information.
3.4) Please be aware that inbound and outbound calls, as well as electronic traffic, may be recorded and/or monitored for training purposes.
3.5) Order acceptance is contingent on credit approval and order acceptance. CoreRex reserves the right to terminate the Customer’s account without notice and without liability if the Customer’s credit becomes unsatisfactory.
4. Prices
4.1) All prices are exclusive of any applicable sales taxes, which the Customer will be responsible for (if applicable). Sales taxes are most commonly found in California, but they can also be found in other states, countries, and provinces.
4.2)CoreRex reserves the right, at any time before delivery, to increase the price of the Products by giving written notice to the Customer to reflect any changes in specifications for the Products that the Customer requests or that are necessary as a result of any delay caused by (a) the Customer’s instructions or (b) the Customer’s failure to provide adequate information or instructions to.
5. Placing an Order
5.1) We will send you an email confirming receipt of your order.
5.2) We will send you an email confirming that your order has been accepted.
5.3) We will send you an email confirming that your order has been shipped and provide you with a tracking number.
5.4) Please be aware that we use the email address you provided to us on the web, over the phone, or via fax.
6. Risk, Title, and Delivery
6.1) Please contact Customer Support or call (888) 818-5946 with any delivery questions (Toll-Free). Please log in to your corerex.com account to check the status of your order. For DATA MEDIA orders of $250 or more, delivery is free (excluding Tax). Except for orders outside the United States, which have a separate delivery structure, the charge for Data Media orders under $250 will be the same regardless of value or weight.
6.2) will use reasonable efforts to dispatch Products by the agreed-upon date, but will not be liable for failure to deliver within the stated time if this is due to circumstances beyond our reasonable control, such as delivery company delays or manufacturer lead times. If a delay is likely, we will make every effort to contact the Customer and inform them of the situation. When notified of a delay, a Consumer Customer has the right to cancel an order if the revised delivery date is unacceptable.
6.3) If a Business Customer is unable to receive the Products within 30 days of the agreed delivery date, the Business Customer may cancel the order and receive a refund of any money paid in connection with that order as its sole remedy. To cancel, the Business Customer must send written notice of cancellation after the above date but before the products are delivered or notification that they are ready for delivery.
6.4) In the case of Business Customers, we will not be liable for shortages or damage to deliveries unless the Business Customer notifies us in writing of the shortage or damage within 48 hours of receiving the delivery. Consumers should report shortages or damage within a reasonable time after becoming aware of them.
6.5) Business Customers must be able to accept the Products within Normal Working Hours when they are ready for delivery.
6.6) From the time the Products are delivered to the Designated Carrier, they are at risk. If the Customer refuses to accept delivery of any of the Products when they are ready for dispatch to the Designated Carrier or is unable to dispatch the Products to the Designated Carrier on time due to the Customer’s failure to provide appropriate instructions, documents, or authorizations, risk in the Products will pass to the Customer (including for loss or damage caused by negligence) from the moment of signed proof of delivery.
6.7) Ownership of the Products does not pass to the Customer until full payment has been received.
6.8) If the Customer is unable to accept delivery, may: I store and insure the Products at the Customer’s expense and risk; (ii) sell the Products at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall; or (iii) re-arrange delivery provided that may charge the Customer for the additional delivery costs incurred, or (iv) sell the Products at
6.9) The Customer may request proof of delivery in writing within three months of the delivery date, and the Company will make reasonable efforts to provide such proof. Following that, delivery is deemed to have been completed successfully.
6.10) The Customer will be asked to sign a proof of delivery to acknowledge safe receipt of the Products upon delivery. The Customer is responsible for ensuring that the number of packages delivered matches the number stated on the delivery note. If there is a discrepancy or visible damage to the packaging, it should be noted on the proof of delivery without modification.
7. Terms of delivery
7.1) Standard delivery: When all of the items in your order are in stock, standard delivery ensures that you receive your entire order within 1 to 2 days.
7.2) Same-day delivery: Same-day delivery ensures that you receive your order for in-stock items before the end of the business day for all orders placed before 4:00 p.m. PST.
7.3) Part Shipping: If you order multiple items, it’s possible that they’ll arrive at different times due to different lead times; as a result, you’ll be charged for all extra deliveries above the standard.
7.4) Shipping to Multiple Locations: Some customers purchase items in bulk and want them delivered to different offices; this is possible after the necessary security checks are completed and the additional costs are covered.
7.5) We deliver to every state in the United States. The package is delivered via USPS, FedEx, or UPS. Once your order has been dispatched, Federal Express or UPS will deliver it within 2 days at the most. reserves the right to choose the method of delivery at its sole discretion.
7.6) Due to the fact that DHL does not deliver on weekends, orders placed on Friday will be delivered the following business day if the product is in stock at our warehouse.
8. Accessibility
8.1) Our website is updated throughout the day to ensure that we provide accurate product availability information and that the listed lead time is updated on a regular basis. We make every effort to keep all of our advertised items in stock; however, we cannot guarantee availability. If your desired item is unavailable, we will contact you within a reasonable time frame to inform you of the expected delivery dates. If a product ordered is still not available after the specified waiting period has passed, we will contact you via email or phone to propose a waiting period extension or to suggest a different product. If a product appears to be out of stock on our website, it is still possible that one of our suppliers has stock. Please contact us by phone or email if you want to double-check this.
9. Payments
9.1) Whether you order online, by phone, fax, or by email, there are four options for payment: account, credit and debit cards, or bank transfer.
9.1.1) By filling out our Credit Application Form on the account. Following receipt of your application, our credit department will determine your credit limit at our discretion. This procedure can take up to a week to complete. Within the assigned credit limit, we can offer up to 30 days’ net terms once the project is completed.
9.1.2) American Express, Visa, and MasterCard credit and debit cards: through a secure payment system (your card is charged on the day of your order for security reasons). This can be done either online or by completing the credit card form.
9.1.3) Payment by bank transfer: this option allows you to pay by bank transfer. Please note that bank transfers from outside the United States will only be accepted if the customer pays the additional transfer fees. When your bank transfer is received, your payment will be processed. We will ship your Products as soon as your payment is received. Off-line payments may take several days to process.
9.1.4) By phone: Contact our customer service department at (888) 818-5946. (Toll-Free). We reserve the right to contact you for additional confirmation of your order details prior to authorization if you place a high-value order.
9.1.5) Cash-on-delivery (“C.O.D.”) payments: Another option is cash-on-delivery (“C.O.D.”).
9.2) Please be aware that, for security reasons, reserves the right to require its clients to pay by bank transfer for their first transaction.
9.3) Please note that we reserve the right to cancel the transaction for security reasons if our insurance company and fraud detection department suspect any suspicious details.
9.4) For credit account customers, the standard terms of payment are 30 days from the date of invoice, except in the case of transactions where different terms are agreed in writing. If payment is not received by the due date, we reserve the right to charge daily interest on the outstanding balance at a rate of 18% per annum for Business Customers and 5% per annum for Consumers.
10. Product Specifications
10.1) We make every effort to deliver the Products as advertised, but we reserve the right to deliver the Products with minor variations in actual dimensions and specifications if the manufacturer changes them.
10.2) If the Customer’s Products are not available, the Company reserves the right to substitute Products of equal or higher quality at no additional cost. If the Customer does not wish to accept the alternative Products offered in this case, they may cancel the order and request a refund of any money paid in connection with that order, including shipping charges. In these circumstances, the Customer’s sole remedy shall be this.
11. Trade Names and Trade Marks
11.1) Trade names and marks (other than’s) are not always indicative of the actual manufacturer of a product, but rather of common use systems and machines associated with such products.
11.2) In the case of component purchases, customers who require a specific brand of product should check the identity of the component’s manufacturer before placing an order.
12. Returns and Warranties
12.1) is dedicated to providing the highest quality products and services to our customers. However, products may be found to be faulty or defective on rare occasions. In such cases, we provide the following return options:
12.2) All Products delivered come with a 12-month manufacturer’s warranty unless otherwise stated in the manufacturer’s documentation.
12.3) The following provisions of this Clause apply if you purchase Products in the course of your business. All other terms and implied terms or warranties relating to the supply of Products are excluded to the fullest extent permitted by law, except as expressly stated in these Terms and Conditions. UNLESS EXPRESSLY AGREED IN WRITING, PRODUCTS ARE NOT TESTED OR SOLD AS FIT FOR ANY PARTICULAR APPLICATION OR FOR USE UNDER SPECIFIC CONDITIONS.
12.4) If you purchase services in the course of your business, the following clauses apply: shall use its skill and expertise to complete any contracted works (the “Service(s)”) to a standard equivalent to industry standards, and shall warrant our work as defect-free for a period of 30 days after completion. We cannot be held liable for any fault or damage that is not caused by the services’ engineers or contracted agents. If a claim arises regarding the level of skill and judgment used in providing Services, reserves the right, at its sole discretion, to appoint an independent expert in the field to appraise the work done in the execution of the Service (s). Furthermore, cannot be held liable for equipment installed or configured by others after it has been altered or configured by them. All other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law, except as set out here.
12.5) Omitted on purpose.
12.6) If agrees to accept the return of unwanted products for credit at its discretion, the Products must be returned with’s prior written agreement within 7 days of delivery. The items must be brand new, unopened, and in a perfect resaleable condition. A handling fee of 25% of the Products’ sale price will be applied to all Products returned in these circumstances.
12.7) We will accept the return of defective Products for a full refund or replacement at our discretion, subject to testing to verify any alleged fault, if, but only if, the Products are returned within 7 days of delivery.
12.8)’s technical support or Customer Support staff will advise you on which method of delivery to use to return the products, as appropriate. We will either arrange for a courier collection or request that you return the product to us directly, depending on the nature of the product purchased. If the Products are found to be defective upon inspection, you will be reimbursed for the cost of returning the item. Returns must be sent to the following addresses: 1401 21st ST Suite 8213 Sacramento, CA 95811.
12.9) provides a “no charge” collection, repair, and delivery service (in the only) for CoreRex that is found to be defective when reported within 7 days of delivery. We are unable to specify a collection time for a courier collection of your product, and it is your responsibility to ensure that someone is present at the collection address when the courier arrives.
12.10) All returned Products must include a Returns Material Authorization number (‘RMA Number’) obtained by calling Customer Support at (888) 818-5946. (Toll-Free). Without an RMA number, returned products will not be accepted. Do not write directly on the packaging of the manufacturer. Please write the RMA number on the address label that comes with the Returns Material Authorization and attach it to the package that is being returned. At’s sole discretion, any defacing of the manufacturer’s packaging or damage caused by inadequate packaging may result in the return being rejected or an additional restocking fee being charged.
12.11) is unable to accept responsibility for packages that are damaged during transit. It is the Customer’s responsibility to properly wrap the product to avoid damage.
12.12) Because proof of postage does not guarantee delivery, you should send your package via recorded delivery, registered mail, or courier, and insure the Products for their full value.
12.13) Upon receiving the returned product, we will test it to determine the nature of the problem you have reported.
12.13.1) If the product is found to be in good working order and free of defects after the testing process, we will return it to you, and the shipping costs will be your responsibility. Please keep in mind that if you require a replacement product before the testing process is completed, you will be responsible for the cost of that product as well.
12.13.2) This warranty is void if the Products have been tampered with, altered, or damaged in any way by the Customer, its employees, or agents, or if the Products have not been used according to the manufacturer’s instructions.
12.13.3) No software can be returned for credit if the seals have been broken. The manufacturer will replace any defective software discs. Please note that Software Licenses are non-refundable unless the software is found to be materially non-compliant with its specifications or the physical media on which it is delivered is defective.
12.14) In order to receive a refund, some manufacturers require that products be returned within 7 days or less. In these cases, the manufacturer’s time limit will apply, and we will only accept returns within 7 days of purchase or the manufacturer’s time limit, whichever is shorter. We can only accept defective products that do not match the description if they are returned to us within 7 days of purchase. After that time, you will be deemed to have accepted the Products, so you must inspect them immediately upon receipt. 12.15) THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND CONSTITUTES THE ONLY WARRANTY OF WITH RESPECT TO THE PRODUCTS. ADDITIONALLY, MAKES NO WARRANTIES AS TO PERFORMANCE OR PRODUCTION, NOR AS TO EXPENDABLE OR WEARING PARTS, NOR AS TO ANY SEPARATELY LISTED ITEM OF THE PRODUCTS NOT EXPRESSLY CONTAINED HEREIN.
13. Liabilities
13.1) In its dealings with Business Customers, will not be liable for any consequential or indirect damage or loss, however, caused, including (but not limited to) loss of business or profits, loss of goodwill, damage to trading relationships, data loss, or other financial loss. (In this context, “financial loss” does not refer to the price you paid for the Products, which we may be obligated to refund to you, in whole or in part, if the Products are faulty or do not conform to their description.) All other losses are subject to a limit of liability equal to the invoiced amount f the relevant order.
13.2) Nothing in this agreement limits or excludes’s liability for death or personal injury resulting from its negligence.
14. Health and Safety
14.1) certifies that the Products it distributes as a distributor do not pose a health and safety risk when I used properly for the purpose for which they were designed, and (ii) the Customer takes reasonable and normal precautions when using them.
15. Event of Force Majeure
15.1) It shall not be deemed in breach of its contract with the Customer if, despite its reasonable efforts, it is unable to perform an obligation due to circumstances beyond its reasonable control and/or Force Majeure.
16. Clearance Bargains & Non-Current Catalog Requests (‘NCCR’) Products Special Rules
16.1) “Clearance Sales” products are downgraded products that can be sold at a lower price than the regular price. Stocks of Clearance Bargains products are limited, and they are sold in accordance with the following special rules. Except for those terms and conditions specifically covering Consumers, these special rules apply in addition to, and in the event of a conflict, override, all of’s other terms and conditions.
16.2) Clearance Sales are graded based on the product’s condition as described at the point of sale. In the description of the relevant grade, the length of the guarantee (if any) with which the Products are sold is specified.
16.3) By their very nature, clearance sales have limited inventory. Will check stock availability after receiving an order for Clearance Sales. A contract for sale will not be formed until stock availability is confirmed to the Customer, and no payment will be taken from the Customer.
16.4) In addition to’s other terms and conditions, all products sold as ‘Non-current catalog requests’ (‘NCCR’) or ‘Specials’ are subject to the following special rules.
16.5) Products are non-returnable unless there has been an error on our part or the products are defective;
16.6) Quoted prices are only valid for 14 days; 16.7) Quoted prices are not subject to any value, cash, or volume discounts.
17. Errors and omissions
17.1) makes every effort to ensure the accuracy of all prices and descriptions in its catalog and on its website. However, because of the fast-paced nature of e-commerce, mistakes are bound to happen. In the event of a manifest error or omission, regardless of whether it has already accepted the Customer’s order and/or received payment from the Customer, will be entitled to rescind the contract liability .’s in that event will be limited to the return of any money the Customer has paid in respect of the order. In the event of a price manifest error, the Customer may purchase the Products by paying the difference between the quoted price and the correct price, as confirmed in writing after the manifest error is discovered.
17.2) In relation to an incorrect price, a “manifest error,” as defined in subparagraph 17.1 above, means a price quoted in error that is more than 10% less than the price that would have been quoted had the mistake not been made.
18. Customer Obligations
18.1) The Open Online “Administrator” named on the Open Online authorization form will be appointed by the Customer.
18.2) The Administrator is the person who is responsible for the Customer’s use of the Open Online.
18.3) The Customer may change the person designated as the Administrator by using the online facility or informing Limited in writing of the new Administrator’s identity.
18.4) The Customer is responsible for ensuring that they meet all technical requirements for Open Online access, and Limited is not responsible for any losses caused by technical incompatibilities or system errors.
18.5) The Customer shall take all reasonable steps to ensure that its authorized Administrator and Users do not, under any circumstances, disclose any user login information to third parties.
19. The Administrator’s Responsibilities
19.1) The Administrator is responsible for the following responsibilities:
19.1.1) New and existing User authorization, approval, and access level configuration.
19.1.2) Users who have left the company or are deemed unfit to use Open Online on behalf of the Customer for any reason are removed, deleted, and amended.
19.1.3) Ensuring the accuracy of all Customer company information stored on Open Online, including but not limited to postal and delivery addresses.
19.2) The Customer acknowledges that it is solely responsible for the Administrator’s actions and any data modifications.
20. The User’s Responsibilities
20.1) Any actions taken through Open Online must be done on behalf of the Customer at all times.
20.2) Under no circumstances shall the User divulge any security information (including but not limited to usernames and passwords) to third parties.
20.3) If the User ceases to represent or be employed by the Customer, the User shall not use any customer-supplied login information to access Open Online.
21. Login and Security
21.1) There are three components to the Open Online login credentials:
The Account Number (21.1.1).
21.1.2) The Username (any alphanumeric combination, usually the User’s email address), is unique to the Customer.
21.1.3) The secret password of the user (Any alphanumeric combination).
21.2) The Customer’s consent to orders and information placed by it or in its name is evidenced by the use of the login information.
21.3) The Customer, the Administrator, and the User will make every effort to keep the login information, particularly the Password, confidential.
22. License
22.1) grants you a non-exclusive license to access and use this website in accordance with the following terms and conditions.
22.2) reserves the right to terminate this license at any time and without prior notice to you.
22.3) By accessing and/or using the website, you agree to be bound by these Terms and Conditions, which apply to all pages on the website and all entry points.
23. Materials on the Website
23.1) All rights in the website’s content, including copyright, are owned by, licensed to, or controlled for these purposes by (“the Content”). The design, layout, look, appearance, and graphics of the website are all part of the Content. Intellectual property laws protect it, including but not limited to copyright and trademark laws. As a result, except for your own personal, non-commercial use, the Content may not be copied, reproduced, republished, downloaded, posted, broadcast, or transmitted in any way. Any other use necessitates written authorization.
23.2) It is prohibited to re-distribute, re-publish, or otherwise make the material on this website available to third parties without prior written consent.
23.3) Without limiting the foregoing, no part of the website may be reproduced, transmitted, or stored in any other website or another form of electronic retrieval system without prior written permission.
23.4) Unauthorized use of this website may result in a lawsuit and/or be considered a criminal offense.
24. Information about the website
24.1) This website’s information is provided in good faith and is subject to change without notice. Except as expressly provided in the Terms and Conditions, if applicable, is not responsible for any inaccuracies and makes no representation or warranty as to its accuracy (except as set out in clause 6.4).
24.2) The information on this website is for informational purposes only and does not constitute advice or recommendations. You confirm that you have not relied on any such information by using this website. Any arrangements you make with any third parties named or referred to on the website are solely at your risk and responsibility.
24.3) The sales information on this website is only intended to be an invitation to purchase and should not be construed as an offer to enter into a contractual relationship.
25. Linking
25.1) There are links to other websites on the website. You do so at your own risk if you download or otherwise obtain content from the website. accepts no responsibility or liability for the content of other websites over which it has no control. Any link is not intended to be, and should not be interpreted as, an endorsement of that other website in any way.
25.2) Without prior written permission, you may not create a link to this website from another website or document.
26. Liability
26.1) Except as expressly stated in’s Terms and Conditions, if applicable, makes no express or implied warranty or representation about the website or the Content, or any advertising, services, or products provided through or in connection with the website.
26.2) does not warrant that the use of this website will be compatible with all hard drives and software that visitors to the site may use.
26.3) will have no liability to you for any injury, death, damage, or direct, indirect, or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill, and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing
27. Changes to the Website’s Content
27.1) Subject to clause 27.2), the website’s contents may be changed at any time in its sole discretion and without notice to you.
27.3) reserves the right to change these Terms and Conditions at any time by posting the new Terms and Conditions on this website. If makes any significant changes to these Terms and Conditions, will take reasonable steps to notify visitors to this website that these Terms and Conditions have been revised for a reasonable period of time. It is recommended that you review these Terms and Conditions from time to time.
28. Viruses and Malfunctioning Programs
28.1) makes no guarantee that the website or access to it will be error-free, or that the website or the servers that host it will be free of viruses, bugs, or other malicious code.
29. User Conduct Regarding Our Security & Privacy
29.1) You agree not to: 29.1.1) disrupt or interfere with the website’s security, or otherwise abuse the website, or any services, system resources, accounts, servers, or networks connected to or accessible through the website or affiliated or linked websites;
29.1) You agree not to: 29.1.1) disrupt or interfere with the website’s security, or otherwise abuse the website, or any services, system resources, accounts, servers, or networks connected to or accessible through the website or affiliated or linked websites;
29.1.3) send spam, chain letters, junk mail, or any other type of unsolicited mass email to people or entities who have not agreed to receive it; and 29.1.4) upload or attempt to upload, post, or otherwise transmit on the website any Content of any kind, including without limitation any defamatory, obscene, or unlawful content, or content that would otherwise infringe on third-party rights or be likely to cause offense.
29.2) You agree to indemnify and hold harmless the other party in the event that you fail to meet your obligations under Clause 30.
Existing account holders will be given a valid user name and password to access their account information on the website. Your user name and password are your responsibility. The user name and password of an account holder are only for the account holder’s use and may not be shared or disclosed to anyone else.
29.4) Once you’ve created an account, you agree not to use another account holder’s user name or password, or to allow another account holder to use your user name and/or password at any time. If you know or have reason to believe that the security of your user name and/or password has been compromised, you agree to notify us immediately by calling the Account Manager or emailing us.
30. Severance
30.1) If any of these Terms and Conditions is found to be illegal, invalid, or otherwise unenforceable under the laws of any jurisdiction in which these Terms and Conditions are intended to be effective, that Term or Condition shall be severed and deleted from these Terms and Conditions to the extent and within the jurisdiction in which it is illegal, invalid, or unenforceable, and the remaining Terms and Conditions shall remain in full force and effect.
31. Repair Service
31.1) We will not be liable for any customer losses, actions, costs, claims, consequential damages, expenses, or other liabilities arising from direct or indirect claims made against us or our customers as a result of any repair we perform or late delivery of services or products.
31.2) There is no fee if there is no fix. We agree not to charge the Customer if we are unable to repair the Products (excluding shipping costs). If a test report is requested, it may be charged.
31.3) We agree to make all reasonable efforts to service or repair the products and/or to correct any defects in the Product that the Customer reports.
31.4) There are times when a customer has a large number of units for which he or she is unsure of their status. We can provide you with a quote for a test service that does not include any repairs. The Customer can then request a quote for the Repairs based on these reports.
31.5) We will estimate the cost of the repair based on the information we have at the time the quote is requested. If it is not possible to repair the unit for the agreed price after we have received the Products and inspected the item, a “uplift” of the repair price may be required to continue; in these circumstances, the customer will be informed of the reasons for this, and the new repair price will be quoted. If the Customer refuses the uplift, the unit will be returned to the customer as “Beyond Economical Repair” at no charge (excluding shipping costs). If the Customer requests a copy of the test results, this can be done if they are available, and will be charged at the test rate rather than the repair rate (see 32.4).
31.6) We reserve the right to declare certain products “beyond repair.”
31.7) All repairs are contingent on the availability of required parts.
31.8) If products must be held for parts or other reasons, the Customer will be notified as soon as reasonably possible, and we will not be liable for any delays.
31.9) If the cost of parts required to complete a repair exceeds the repair price during the inspection stage, this cost may be passed on to the Customer as a price “uplift” on the repair. In this case, parts will not be ordered until the Customer confirms that the uplifted repair price is acceptable. If the Customer refuses the uplift, the Products will be returned to the Customer as “Beyond Economical Repair” at no charge (excluding shipping costs). If the Customer requests a copy of the test results, this can be done if they are available, and will be charged at the test rate rather than the repair rate.
31.10) New or reconditioned parts and components may be used to repair or provide other services on Products. Reconditioned parts will be functionally equivalent to new parts and will meet the same factory specifications as new parts.
31.11) Prior to shipping the product to us, the Customer should remove or make a backup of any data/configuration stored on the Product.
31.12) During the normal repair process, all data and configuration will be deleted from the Products.
31.13) We are not responsible or liable in any way for any data stored on the Products that are lost, deleted, or otherwise inaccessible, including consequential damages.
31.14) Due to copyright and licensing issues, we cannot guarantee that the Products are upgraded to the “latest” software version.
31.15) Due to HDD/software incompatibilities, it may be necessary to upgrade or downgrade Products on occasion. We will contact the Customer for approval if there is a licensing fee associated with this.
31.16) The Customer is responsible for ensuring that all Products are sent with any internal and/or external memory/flash/flash cards. If Products are found to be missing parts, they will be tested with “reference” parts and removed before being shipped back to the Customer.
31.17) Products found to be faulty due to previous missing memory/flash/flashcards are not covered by warranty.
31.18) Software problems are not covered by the warranty and will be charged at the full repair cost.
31.19) On the actual repair, we provide a 12-month warranty; however, this does not cover the entire unit.
31.20) Any warranty claim must be submitted in writing within this time frame, referencing the serial number and following our standard RMA procedure. (See paragraph 11)
31.21) The Customer’s insurance must cover the transportation of Products from the Customer’s location to our repair facility and back. We will make reasonable efforts to notify Customers of any damage to Products that arrive at our facility within 48 hours.
31.22) When Products are found to be “No Fault Found” (NFF) during the Inspection, courtesy communications are sent to the Customer informing them that no fault can be found and that additional information may be required.
31.23) The Products will be quarantined for ten days if no contact is made by or on behalf of the Customer regarding the resolution of an NFF. If no response is received after this time, the Products will be returned to the customer as NFF, and the goods will be charged the full repair price.
31.24) Unless an intermittent fault is suspected, all Products are subjected to a minimum soak test period of 2 hours, after which the Products can be subjected to an extended soak test of up to 5 days (dependent on product type, etc).
31.25) Warranty terms may be affected if Products are requested back urgently by the Customer during extended soak testing. If extended soak testing affects the product’s “turn-around time,” the customer will be notified.
31.26) Within five working days of the inspection date, repaired Products will be returned to the Customer. We will notify the Customer of any potential delays if we are unable to do so due to unforeseen circumstances.
31.27) The Customer should always include details of the Product’s suspected fault where possible; failure to do so may affect the quote and/or turnaround time.
31.28) We agree to include diagnostic/test reports generated by the Products once they have been repaired (where possible). We reserve the right to protect our intellectual property by not disclosing which (if any) parts have been replaced and/or what steps were taken to complete a repair.
31.29) The cost of transporting the Products to and from the Customer’s location is the responsibility of the Customer. The Customer will be charged for transportation costs. Customers will be responsible for these costs whether or not they have declined a quote for services on those Products and whether or not those services are performed.
31.30) All modules within chassis based products should be removed unless they are specifically included on the purchase order and require testing/repair. 31.31)
32. General
32.1) These Terms and Conditions have no bearing on your statutory rights as a consumer.
32.2) If any provision of this Agreement is found to be invalid or unenforceable, it will be deemed severed from the Agreement, and the validity and enforceability of the remaining provisions will not be affected.
32.3) Any waiver of this Agreement’s breach must be in writing. These Terms and Conditions represent the parties’ complete agreement on this subject, and they supersede any prior oral or written communications between them on the subject matter of these Terms and Conditions. Only writings signed by authorized representatives of both parties can change these Terms and Conditions.
32.4) Regardless of any conflicting or additional terms on any Purchase Order, sales acknowledgment, confirmation, or other document issued by either party, you agree that these Terms and Conditions will govern. In the event that these Terms and Conditions conflict with any other document, these Terms and Conditions will prevail.
32.5) Any change to this Agreement must be written down and signed by a duly authorized official.
32.6) The headings are for reference only and have no bearing on how this Agreement is interpreted.
32.7) All notices under this Agreement must be in writing and sent (I) by first class pre-paid mail to the party’s last known address; (ii) by fax to the party’s last known fax number; or (iii) by e-mail to the party’s last notified e-mail address.
Please contact us by phone or email if you have any additional questions or concerns.