Standard Terms and Conditions for Sale Agreement
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from DPC Tech ltd or any of its subsidiaries or affiliates. By accepting delivery of the product(s) purchased from DPC and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for a product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and DPC. These terms and conditions are subject to change without prior written notice at any time, in DPC's sole discretion.
- Definitions.
“We”, “us” and/or “our” means DPC.
“You” or “your” means the individual or entity named on the invoice.
- Payment Terms, Orders, and Interest.
Advertised prices are in Euros and Pounds and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are within DPC’s sole discretion, and unless otherwise agreed to in writing by DPC, payment must be received by DPC before DPC’s acceptance of an order. Where you have elected to make payment other than with a credit card (and we have accepted that payment option), we are entitled to consider an order or Contract cancelled with or without notice to you if we do not receive that payment (the exact amount) within ten (10) days of the date of the relevant order acknowledgement. Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. DPC may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law. DPC is not responsible for pricing, typographical or other errors in any offer by DPC and we reserve the unilateral right to cancel any orders resulting from such errors.
- Taxes.
Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.
- Zero rate conditions.
DPC Tech ltd wants to remind all his customers that according to UK law the conditions which must be met in order to zero rate a supply of goods to a customer in the EC are written at page 13 (section 4.3) of the single market document:
Export of goods inside EC
And the conditions which must be met in order to zero rate a supply of goods to a customer outside the EC are written at page 11-12 (section 3.3) of the single market document:
Export of goods outside EC
- Shipping, Title and Risk of Loss.
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by DPC is DPC’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. Shipping dates are only estimates. You must notify DPC of damaged or missing items from your order within fourteen (14) calendar days after you receive your product.
- Return Policy. 8-Day 100% Money-Back Complete Satisfaction Return Policy
DPC values its customer relationships and that includes our commitment to your total satisfaction with our products. We offer a "Complete Satisfaction" return policy for most products that our customers have purchased directly from DPC. Pursuant to this policy, you may return to DPC products that you purchased directly from us for a credit or a refund of the purchase price paid, less shipping and handling and applicable return fees as follows:
- Systems: Except as provided below, all desktops and notebooks systems including unopened accompanying software still in its sealed package, may be returned within eight (8) days from the date of shipment.
- Systems with custom logos, custom colors and artwork are not refundable.
- Outlet Store accessory purchases: All returns for refund must be made within eight (8) from the date of shipment and must include the original packing, accessories, and warranty cards. DPC will not accept returns for the following products unless they are defective on arrival or malfunction within 8 days from the date of shipment: Speaker systems, head sets, LCD and CRT display monitors, mice, and keyboards.
- Please note that no returns will be accepted without prior authorization.
- Limited Product Warranty for Domestic Customers and Disclaimer of Warranties.
THE LIMITED PRODUCT WARRANTY APPLICABLE TO DPC-BRANDED PRODUCTS MAY BE VIEWED ON-LINE AT THE FOLLOWING URL: http://www.dpctech.net/warranty.php. THERE ARE NO WARRANTIES FOR SOFTWARE, SERVICES OR NON-DPC BRANDED PRODUCTS, WHICH PRODUCTS AND SERVICES ARE PROVIDED “AS IS”. WARRANTY AND SERVICE FOR NON-DPC BRANDED PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY DPC. DPC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN DPC’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND DPC WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON DPC’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
- Limited Product Warranty for International Customers and Disclaimer of Warranties.
The standard warranty stated above in Section 6 applies to DPC-branded products shipped to a country outside United Kingdom, provided that customers outside United Kingdom are responsible for paying all freight charges incurred in shipping, importing/exporting, receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to DPC. All international customers are responsible for all customs duties, VAT and other associated taxes and charges. THE WARRANTY DISCLAIMER ABOVE IN SECTION 6 ALSO APPLIES TO INTERNATIONAL CUSTOMERS.
- LIMITATION OF LIABILITY.
DPC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. DPC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HERE IN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, DPC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
- Software.
All software is provided subject to the license agreement that is part of the package you receive from DPC. You agree to be bound by the license agreement once the package is opened or its seal is broken. DPC does not warrant any software under this Agreement.
- Products.
DPC continually upgrades and revises its products and service offerings. DPC may revise and discontinue products at any time without prior notice to customers. DPC will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building DPC products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.
- Binding Arbitration.
You and DPC agree that any claim, dispute or controversy, whether in contract, tort or otherwise, and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims (“Dispute”) against DPC, its shareholders, directors, employees, agents, successors, assigns or affiliates arising from, in connection with or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), DPC’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY UNITED KINGDOM COURTS. 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 THIS SECTION.
- Applicable Law and Not for Resale.
You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale.
- Miscellaneous Provisions.
DPC TECH may, at its sole discretion, and with immediate written notice, terminate this agreement if you
* fail to pay the full amount in the time allotted; or
* breach, or are suspected of breaching, export control laws.
Either party may terminate this agreement if the other party
* violates this agreement, without remedy, within 30 days of written notice from the other; or becomes insolvent.
You will not register or use any Internet domain name that contains an DPC trademark or trade name (i.e., DPC) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.
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