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STANDARD TERMS OF SALE AND LIMITED WARRANTY AGREEMENT
This Agreement applies to any order, purchase, receipt, delivery or use of any products and services (collectively, “purchase”) from NBI Computer Services Inc, Inc. or any of its subsidiaries or affiliates (“NBI Computer Services Inc”) or a NBI Computer Services Inc authorized reseller (“Reseller”), unless you enter into a separate written agreement with NBI Computer Services Inc. THIS AGREEMENT APPLIES TO YOUR PURCHASE UNLESS YOU NOTIFY NBI COMPUTER SERVICES INC IN WRITING THAT YOU DO NOT AGREE TO THIS AGREEMENT WITHIN 15 DAYS AFTER YOU RECEIVE THIS AGREEMENT AND YOU RETURN YOUR PRODUCT OR CANCEL SERVICES UNDER NBI COMPUTER SERVICES INC’S REFUND POLICY. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION 8 BELOW.
1. Payment Terms. Advertised prices are in U.S. dollars and exclude shipping, handling and taxes unless otherwise noted. You are responsible for paying all taxes associated with your order. NBI Computer Services Inc may change prices without notice to you before NBI Computer Services Inc enters your order and may modify and substitute products and components without notice to you prior to shipping. Payment is due at the time stated in your invoice or when product is shipped unless NBI Computer Services Inc has extended credit to you. Amounts not paid when due bear interest at the rate of 2.0% per month (24% per annum) or the highest rate allowed under applicable law, whichever is lower. Minimum payment due is interest plus 5% of principal or interest plus $25.00 whichever is greater. All payments are due by the 15th of the current month unless the invoice is dated on or after the 10th in which the first payment will be due by the 15th of the following month.
A $25.00 late payment fee will be applied when minimum payment is not received before the due date.
A $35.00 charge will be applied to all returned checks. Payments may be made by cash, check, Visa, MasterCard, American Express, and Discover. If you financed your purchase, the loan or lease transaction is between you and your lender, independent of your purchase from NBI Computer Services Inc, except that NBI Computer Services Inc may, at the request of your lender, withhold technical and warranty support and other services from you.
2. Shipping and Title. NBI Computer Services Inc will arrange to ship products to you. Title to products passes to you when NBI Computer Services Inc delivers them to the shipper or when you receive the original invoice in the event you pick up your product at an NBI Computer Services Inc. location and risk of loss passes to you when the shipper delivers products to the address you designate or in the event you pick up your product from an NBI Computer Services Inc. location when you leave the NBI Computer services location with your product. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. You must notify NBI Computer Services Inc of damaged or missing items from your order within 30 days after you receive your product.
3. Return Policy. You may return products and cancel unused services within 15 days after you receive your product or are invoiced for services, except that server computer systems and server products may be returned within 30 days after you receive your product. To return products and cancel services you must follow NBI Computer Services Inc’s return procedures, including obtaining a return merchandise authorization (RMA) number and returning products within 7 days after you receive an RMA number. NBI Computer Services Inc will refund the original purchase price of products, unperformed services and related sales taxes. SHIPPING & HANDLING FEES (INCLUDING RELATED SALES TAXES) ARE NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL NBI COMPUTER SERVICES INC RECEIVES THEM. YOU WILL BE CHARGED SHIPPING AND HANDLING OR RESTOCKING FEES TO RETURN PRODUCTS. Returned products must be in the same condition as you received them. You must return all pre-loaded software with the product to obtain a refund for the product, and you may only return pre-loaded software if you choose to return the product. You may return other software only if the package has not been opened. THIS RETURN POLICY IS NOT A WARRANTY. NOTE: NBI Computer Services Inc will not accept for return any products you purchased from a Reseller. Additional restrictions may apply on certain products purchased from the NBI Computer Services Inc Accessory Store. Please visit our Help pages for more information.
4. Technical Support. NBI Computer Services Inc will provide technical support for products at no additional charge for one(1) year from the date of shipment or invoice or, if longer, the period stated in your service package or invoice. For NBI Computer Services Inc-branded personal computers and servers, the scope of technical support consists of helping you reinstall the operating system and factory-installed software and restore it to the original factory configuration In addition, during your support period NBI Computer Services Inc will assist you with (i) installation of any network operating system (“NOS”) purchased by you from NBI Computer Services Inc; (ii) configuration of the NOS software so that it works with the networked NBI Computer Services Inc computers you purchased; (iii) setup of the NOS software so that it is fully integrated with other products you purchased from NBI Computer Services Inc; and (iv) troubleshooting issues associated with the NOS software and assistance with NOS error messages. Technical support for issues beyond the scope of this basic technical support may be available under other service packages. NBI Computer Services Inc provides technical support via on-line, telephone and other methods. NBI Computer Services Inc may change the means through which it provides technical support at any time. NBI Computer Services Inc does not guarantee that software will be free from errors, either in isolation or in combination with hardware.
5. Product Warranty. NBI Computer Services Inc warrants to the original purchaser or, for products purchased from a Reseller, to the original end-user that NBI Computer Services Inc-branded products will be free from defects in materials and workmanship from the date of shipment for one (1) year from the date of shipment or invoice or, if longer, the period stated in the product manual or your service package or invoice. During the warranty period, NBI Computer Services Inc will, at its option: (1) provide replacement parts necessary to repair the product, (2) replace the product with a comparable product, or (3) refund the amount you paid for the product, LESS DEPRECIATION, upon its return. NBI Computer Services Inc or a third party service provider, under a separate agreement between you and the service provider, will provide labor to resolve warranty issues during your warranty period. Repair services are available at the delivery location only if on-site service is provided as part of the service package or product you purchased. If the product is relocated you must notify NBI Computer Services in writing no less than 15 days before relocating in order to maintain continuity of services. NBI Computer Services Inc will determine how and where repair services are provided, and you may be required to deliver your product to an authorized service location. Replacement parts or products will be new or serviceably used, comparable in function and performance to the original part or product, and warranted for the remainder of the original warranty period or, if longer, 30 days after they are shipped to you. You authorize NBI Computer Services Inc to send replacement parts and products to an authorized third party service provider. Purchasing additional products from NBI Computer Services Inc does not extend your warranty period. To obtain service under this limited warranty, you must follow NBI Computer Services Inc’s warranty procedures. If NBI Computer Services Inc asks you to return defective parts or products; you must do so within 7 days after you receive the replacement parts or products. NBI Computer Services Inc will charge you for replacement parts or products if you fail to do so. If you are a domestic U.S. customer who purchased a product directly from NBI Computer Services Inc, NBI Computer Services Inc will arrange to ship replacement parts or products to you and you, and will pay the shipping costs to return requested materials to NBI Computer Services. If you live outside the United States, the details of your warranty service may vary as described below. THIS LIMITED WARRANTY COVERS NORMAL USE. NBI COMPUTER SERVICES INC DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, VIRUSES OR OTHER TYPES OF MALICIOUS SOFTWARE, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF NBI COMPUTER SERVICES INC BRANDED PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER SOFTWARE OR NON NBI COMPUTER SERVICES INC BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO SOFTWARE OR NON NBI COMPUTER SERVICES INC BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.
6. Services and Service Warranty. The terms of services provided to you by NBI Computer Services Inc consist of this Agreement and the additional terms stated in separate services descriptions provided by NBI Computer Services Inc. For a period of 30 days after services are performed, NBI Computer Services Inc warrants that services provided will be performed in a professional and workmanlike manner. You should back up all files before services are performed. NBI COMPUTER SERVICES INC IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA.
LOST OR ALTERED COMPUTER FILES. You are responsible for backing up all proprietary and confidential information on the Product and for maintaining a procedure external to the hardware products for the reconstruction of lost or altered files, data, or programs. NBI COMPUTER SERVICES SHALL NOT BE LIABLE FOR LOST OR ALTERED FILES, DATA, OR PROGRAMS, EVEN IF CAUSED BY THE NEGLIGENCE OF NBI COMPUTER SERVICES OR ITS AGENTS OR EMPLOYEES. DIAGNOSTIC AND REPAIR SERVICES ARE PROVIDED WITHOUT ANY OBLIGATION OF CONFIDENTIALITY OR NON-DISCLOSURE ON THE PART OF NBI COMPUTER SERVICES, ITS EMPLOYEES OR AGENTS. DELETE FROM THE PRODUCT ANY FILE OR DATA YOU CONSIDER PRIVATE, CONFIDENTIAL OR PROPRIETARY. IN-STORE PERSONNEL ARE NOT AUTHORIZED TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT.
7. Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, NBI COMPUTER SERVICES INC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. NBI COMPUTER SERVICES INC’S AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES PLUS INTEREST AS ALLOWED BY LAW. NEITHER YOU NOR NBI COMPUTER SERVICES INC IS LIABLE TO THE OTHER IF YOU OR IT ARE UNABLE TO PERFORM DUE TO EVENTS YOU OR IT ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. Dispute Resolution. You and NBI Computer Services Inc agree that any Dispute between You and NBI Computer Services Inc will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (NAF) and conducted under its rules, except as otherwise provided below. You and NBI Computer Services Inc will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and NBI Computer Services Inc. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone, online or in person whichever method of presentation You choose. If You prevail in the arbitration of any Dispute with NBI Computer Services Inc, NBI Computer Services Inc will reimburse You for any fees you paid to NAF in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any product or service from NBI Computer Services Inc, or iii) any other dispute arising out of or relating to the relationship between You and NBI Computer Services Inc; the term “NBI Computer Services Inc” means NBI Computer Services Inc, Inc, its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by NBI Computer Services Inc; and the term “You” means you, or those in privity with you, such as family members or beneficiaries. Information may be obtained from the NAF on line at www.arb-forum.com, by calling 800-474- 2371 or writing to P.O. Box 50191, Minneapolis, MN, 55405.
9. General. You may not assign this Agreement without NBI Computer Services Inc’s written consent. NBI Computer Services Inc, Inc. and its subsidiaries and affiliates are intended beneficiaries of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from NBI Computer Services Inc, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of NBI Computer Services Inc. Any additional or altered terms attached to your order shall be null and void, unless expressly agreed to in writing by NBI Computer Services Inc. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of South Dakota, without giving effect to conflicts of law rules. Privacy Notice. NBI Computer Services Inc respects our customers’ right to privacy and will take all appropriate steps to keep your personal information confidential. You can review NBI Computer Services Inc’s Privacy Policy on our web site. The Privacy Policy also explains how you can update your information and elect not to receive email marketing solicitations from NBI Computer Services Inc. In addition, NBI Computer Services Inc obtains customer information from other companies that provide products and services to our customers. By purchasing, registering for or using other companies’ products and services that are distributed by NBI Computer Services Inc, you agree that these companies may transfer your customer information to NBI Computer Services Inc. NBI Computer Services Inc will maintain and use your customer information in accordance with its Privacy Policy. For Residents of Canada:
1. This Agreement is subject to the applicable provisions of Canadian consumer protection laws that cannot be derogated from by private agreement.
2. Shipping and Title You must comply with all applicable export laws and regulations of Canada, the United States and other relevant countries if you export the Product outside Canada.
3. Return Policy. NBI Computer Services Inc does not accept for return any products purchased from a reseller. To return products to NBI Computer Services Inc, contact NBI Computer Services Inc Canada Tech Support and follow the instructions you receive. In all cases, NBI Computer Services Inc will not be responsible for any shipping and handling charges to and from NBI Computer Services Inc, or paying or refunding customs fees or taxes that may be due.
4. Language. You confirm your request that this Agreement and all documents related directly or indirectly thereto be drafted in the English language. Vous reconnaissez avoir requis que la présente convention ainsi que tous les documents qui s’y rattachent directement ou indirectenent soient rédigés en langue anglaise.
For Residents of Mexico:
1. Shipping and Title. You must comply with all applicable export laws and regulations of Mexico, the United States and other relevant countries if you export the Product outside Mexico.
2. Return Policy. NBI Computer Services Inc does not accept for return any products purchased from a reseller. To return products to NBI Computer Services Inc, contact NBI Computer Services Inc Mexico Tech Support and follow the instructions you receive. To return a product purchased directly from NBI Computer Services Inc in the United States, contact NBI Computer Services Inc International Support in the United States and follow the instructions you receive. In all cases, NBI Computer Services Inc will not be responsible for any shipping and handling charges to and from NBI Computer Services Inc, or paying or refunding customs fees, taxes, or VAT that may be due. For All International Customers: The standard warranty stated above also applies to NBI Computer Services Inc products shipped to a country outside the United States, provided that customers outside the United States and Canada are responsible for paying all freight charges incurred in shipping, importing/exporting and receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to the NBI Computer Services Inc. All international customers are responsible for all customs duties, VAT and other associated taxes and charges. Please send correspondence about this Agreement to: NBI Computer Services Inc Customer Services Department 6495 Broadway Attn: Warranty Services Bronx, New York 10471-1207
Hardware Repair Warranty
NBI will warranty parts and labor on repairs for a period of 30
days. Manufactures guarantee covers replacement parts after 30 days
and the customer must refer to the manufacture for exchange, repair,
or replacement of the defective part.
Software Repair Warranty
Due to the variable nature of software and the ability of end users
to change the configuration of many different types of software, NBI
cannot offer any guarantee real or implied that would cover any
software repair or reload other than the software will be in a
functioning condition when it leaves our shop.
Parts Warranty
Internal computer parts when sold separately (not a part of a
complete computer system) including but not limited to:
motherboards, processors, memory, PCI cards, power supplies, and
other such components have a 30-day ONLY IF DEFECTIVE warranty.
Should a part prove defective NBI will gladly replace the part with
another of the same make and model ONLY. After the 30 days the
customer should contact the manufacture of the part for warranty
service. However, as part of our customer service NBI will be glad
to provide the customer with any information needed to contact the
manufacture for a replacement.
Note, NBI
defines defective as :
Any part that is non-functional or is not performing within the
limits of the manufactures specifications.
While NBI warranties that our computer parts will function as the
manufacturer intended, we cannot and will not warranty a part to
function as expected in a specific computer configuration or
operating environment . Therefore, we ask that our customers be sure
that the part they order will work in the computer configuration in
which the part is to be installed. If a part is returned as
defective and proves to be working at the manufacturers
specifications the part will be returned to the customer and the
customer will be charged a $50.00 bench fee as well as the return
shipping charges as outlined in the
RMA agreement.
Monitors, scanners, speakers, and other external parts are covered
by the manufactures warranty only, and the customer should refer to
their owners manual for details on how to obtain warranty service.
Case lights and LED's including but not limited to front panel
lights, cold cathode lamps, neon lamps and decorative LEDs are not
included in any warranty either real or implied by NBI Computer
Services other than the lights will be in a working condition when
delivered to the customer.
Please see our RMA
page for details.