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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 Agreement
contains the terms and conditions that apply to your purchase
from the GOWIN.COM entity named on the invoice (GOWIN.COM)
that will be provided to you (Customer) on orders for computer
systems, related products, services and support sold in the
United States. By accepting delivery of the computer system(s),
other products and or services and support described on that
invoice, Customer agrees to be bound by and accepts these
terms and conditions. THESE TERMS AND CONDITIONS APPLY, UNLESS
(i) THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT
WITH GOWIN.COM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL
GOVERN OR (ii) OTHER GOWIN.COM STANDARD TERMS APPLY TO THE
TRANSACTION. These terms and conditions are subject to change
and will take effect upon posting on GOWIN.COM’s website
of the update to the terms and conditions.
Ordering
Information
Billing
and Shipping Information.
To ensure that we meet your shipping needs, please pay special
attention when entering your billing, shipping and telephone
information. For your security, we reserve the right to verify
all billing addresses with the issuing bank and confirm all
shipping addresses to protect each of our customers from the
potential risk of credit card abuse. GOWIN.COM will ship within
the time frame requested and accepted by GOWIN.COM. Accurate
billing and shipping information will allow us to accomplish
this.
Pricing,
Specifications & Availability
Prices, specifications, and availability of products are subject
to change without notice. Changes will not affect orders that
have already been accepted. Due to the volatile nature of
the market, descriptions may not reflect current technical
information. Any typographical, photographic, or specification
error in product, pricing, or offers is subject to correction.
GOWIN.COM may change its pricing, product description, or
specification after any order confirmation or response e-mail,
but prior to shipment due to errors, changing market conditions,
product discontinuation or unavailability, typographical errors,
or any other reason. Published prices do not include shipping,
insurance, taxes, and recycling fees.
Export:
To comply with certain vendor agreements and government regulations,
GOWIN.COM reserves the right to refuse the exporting of products
from the United States at any time. If you are purchasing
products for export, you are responsible for the necessary
export documentation and fees before shipment is made to a
foreign country. Manufacturer's warranties may vary or be
null and void for exported products.
1.
Purchase & Sale:
The party whose name appears after the heading (Bill To:)
is the Purchaser, and hereby orders from GOWIN.COM, the product(s)
listed on the order invoice. GOWIN.COM agrees to sell the
product(s) upon the terms and conditions contained in this
document. Purchaser shall be deemed to have agreed to all
terms and conditions contained in this document, if Purchaser
fails to object thereto in writing, before the earliest of
the following events: (I) When Purchaser pays for the product(s),
or (II) When Purchaser accepts delivery of the product(s).
2.
Purchase Price:
Purchaser shall pay the total purchase price plus shipping
and handling, if any, as specified on the invoice and any
sales, or other applicable taxes and fees levied on or measured
by such purchase price, or arising from the use of the product(s)
and any parts or maintenance supplied, including, without
limitation, any additional sales, use, gross receipts, privilege,
excise, value added, or personal property taxes unless otherwise
specified in writing in this document.
3.
Order Acceptance Policy:
Your receipt of an electronic or other form of order confirmation
does not signify our acceptance of your order, nor does it
constitute confirmation of our offer to sell. GOWIN.COM reserves
the right at any time after receipt of your order to accept
or decline your order for any reason. GOWIN.COM reserves the
right at any time after receipt of your order, without prior
notice to you, to supply less than the quantity you ordered
of any item unless total fulfillment of product is specified
on the order. All orders that are placed must obtain pre-approval
with an acceptable method of payment, as established by our
credit and fraud avoidance department. We may require additional
verifications or information before accepting any order. Dispute
of Charges is not acceptable. If there is anything wrong with
the merchandise, please contact customer service for more
information.
4.
Shipments: Tax, Title and Risk of Loss:
Unless otherwise specified in writing in this document, shipping
terms are FOB point of shipment. Invoice will list a separate
line item for shipping and handling charge. Unless Purchaser
provides GOWIN.COM with a valid tax exemption certificate
the Purchaser is responsible for sales tax and all other taxes
and fees associated with the order. Title and risk of loss
or damage to the product(s) shall pass to Purchaser upon delivery
to the carrier at shipping point. Title to software will remain
with the applicable licensor.
5. Returns Policy: GOWIN.COM Corporation
Purchaser shall inspect the product(s) at the time of delivery
and shall notify GOWIN.COM of any defects or discrepancies
within seven(7) days of receipt of product(s). Absent such
notification, Purchaser shall be deemed to have accepted the
product(s).
Any defective
product(s) that are returned to GOWIN.COM must have freight
prepaid, according to the Return Material Authorization Procedure
set forth in Section 8 below. GOWIN.COM reserves the right
to replace defective parts with equivalent parts, new or refurbished,
as GOWIN.COM deems necessary. Purchaser shall bear all responsibility
for shipping charges and risk of loss or damage during transit
to GOWIN.COM. Products that have been subjected to abuse,
misuse, alteration, neglect or unauthorized repair or installation,
as determined solely by GOWIN.COM, are not covered by this
returns policy. Any alterations, additions, improvements or
attachments to the product(s) not authorized in writing by
GOWIN.COM shall be deemed to be a waiver of this returns policy
by Purchaser and shall render this returns policy null and
void. GOWIN.COM shall return repaired or replaced product(s)
to Purchaser, at its expense, via regular ground service within
the 48 contiguous United States. Shipping charges by all other
methods and to all other destinations shall be borne by Purchaser.
The returns policy does not extend beyond the original Purchaser
of Product(s) from GOWIN.COM. Opened software is non-returnable.
EXCEPT
AS OTHERWISE EXPRESSLY PROVIDED HEREIN, GOWIN.COM DISCLAIMS
AND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY.
IN NO EVENT SHALL GOWIN.COM BE LIABLE FOR INDIRECT, SPECIAL,
OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS
OPPORTUNITIES, AND IN NO EVENT SHALL GOWIN.COM'S LIABILITY
EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
6.
DOA Policy:
If a product(s) fails, does not properly function and is returned
to GOWIN.COM within thirty (30) days from the date the customer
recieved the product, GOWIN.COM will replace the product(s)
subject to Purchaser obtaining a valid RMA number. All authorization
is provided after troubleshooting with GOWIN.COM’s Technical
Support department prior to RMA being issued. All product(s)
requested and authorized as return for DOA (Dead on Arrival)
must be received by GOWIN.COM within the thirty (30) days
from the date the customer recieved the product.
7. Refunds Policy:
RMA Credit Policy
Ten days from the date merchandise was received, refunds
are available on all notebook computers and associated accessories.
Products that have been subjected to abuse, misuse, alteration,
neglect or unauthorized repair or installation, as determined
solely by GOWIN.COM, are not covered by this returns policy.
Any alterations, additions, improvements or attachments to
the product(s) not authorized in writing by the GOWIN.COM
shall be deemed to be a waiver of this returns policy by Purchaser
and shall render this returns policy null and void.
Restocking Fee
A 5% restocking fee will be charged on opened notebook computers
with in one month (30 days). This fee applies unless the item
is defective or damaged, or that you received the wrong item.
Purchaser shall bear all responsibility for shipping charges
and risk of loss or damage during transit to GOWIN.COM. The
Microsoft package is non-returnable once the Microsoft package
is opened.
A 15% restocking fee will be charged on opened accessories
and all items other than notebook computers with in one month
(30 days) on Gowin.com. This fee applies unless the item is
defective or damaged, or that you received the wrong item.
Purchaser shall bear all responsibility for shipping charges
and risk of loss or damage during transit to GOWIN.COM. The
Microsoft package is non-returnable once the Microsoft package
is opened.
Missing Item or Damaged Product Fee
A missing item or damaged product fee will be charged for
any product missing the original box, packaging material,
contents, accessories and/or manuals (i.e., any product not
in "like new" condition).
8.
Return Material Authorization Procedure:
A. To obtain a Return Material Authorization (RMA) Number,
Purchaser must:
1. Download our RMA form or call a GOWIN.COM Customer Service
Representative at 1-888-733-1109. 2. Provide the invoice number,
date of purchase, and serial number of items to be returned,
and reason for return. RMA numbers are valid for 15 days from
date of issuance. If it is not received within 15 days from
the issuance you must obtain a new RMA number. Otherwise,
the shipment will be refused. GOWIN.COM will not accept freight
collect or any international shipment requiring a Broker or
Customs Fee as well as duty, or any other fee. It is the Purchaser’s
responsibility for any shipping and improper packing damage.
B. Packing
and Shipping
1. Attach a copy of the original invoice along with the RMA
form and with the RMA number issued by GOWIN.COM. 2. Pack
items in original shipping containers with all accessories,
including manuals, cables, diskettes, etc. For product(s)
repairs only, do not enclose the manuals or disks with the
returned product(s). GOWIN.COM does not repackage or supply
these items on repair and cannot return the same items. Only
the items sent for repair will be returned. 3. Mark RMA number
clearly on the outside of each container. 4. Ship to GOWIN.COM's
factory service depot, freight prepaid and insured.
C. Replacement
or repair will be made when GOWIN.COM receives the merchandise.
No advance replacement is available. In the event a product(s)
under warranty cannot be repaired or replaced, an alternative
product(s) of equal or greater performance will be provided.
9. Cancellation & Unauthorized Returns:
If Purchaser purports to cancel its order and wrongfully refuses
to accept the product(s), Purchaser shall pay to GOWIN.COM
a sum equal to twenty (20) percent of the sales price and,
if shipment has been made, Purchaser shall also reimburse
GOWIN.COM for all cost of shipment. Notwithstanding the foregoing,
if Purchaser attempts to return the product(s) without legal
excuse, GOWIN.COM may, in its discretion, refuse delivery
and pursue its remedies hereunder and under applicable law,
which shall include, for example, the right to file a legal
action against Purchaser for the full purchase price and incidental
damages suffered by GOWIN.COM.
10.
Payment:
Payment shall be made promptly according to the terms shown
on the invoice. Beyond this period, invoices are considered
to be past due. All amounts not paid within these terms shall
be subject to a service charge of one and one-half percent
(1.5%) per month or the maximum amount allowed by law, whichever
is more. Until the purchase price and all other charges payable
to GOWIN.COM hereunder have been received in full, GOWIN.COM
hereby retains a security interest in the products delivered
to Purchaser and any proceed therefrom. In the event of a
default in payment by Purchaser, GOWIN.COM may take possession
of the product(s) on Purchaser's premises or elsewhere, and
all rights of action for trespass or other causes are waived.
Purchaser shall cooperate in whatever manner necessary to
honor said security interests and hereby grants GOWIN.COM
power of attorney to sign any documents necessary for such
purpose in the event of Purchaser's refusal or failure to
do so. The extension of credit or the acceptance of notes
or guarantees of payment shall not affect such security interests
and liens. Purchaser agrees to pay a $25.00 charge for the
returned check and all collection costs including legal fees
if applicable.
11.
Jurisdiction and Venue:
Buyer agrees that any legal action brought against GOWIN.COM
shall be governed by the laws of the State of California without
regard to its conflict of law principles. Purchaser agrees
that the sole jurisdiction and venue for any litigation arising
from orders made to GOWIN.COM shall be an appropriate federal
or state court located in Alameda County California.
12.
Miscellaneous:
GOWIN.COM may amend any terms and conditions at any time and
take effect upon posting on GOWIN.COM’s website. This
document sets forth the entire and final understanding of
Purchaser and GOWIN.COM pertaining to the subject matter hereof
and superscedes all prior agreements, whether oral or written,
and shall not be amended except by a written agreement signed
by both parties. GOWIN.COM's agents have no authority to make
representations, warranties or promises, which are not contained
in this document. The failure of either party to enforce at
any time, or for any period of time, the terms of this document
shall not be construed as a waiver of such terms or the rights
of such party thereafter to enforce each term contained herein.
If any
term contained in this document is held invalid by a court
of competent jurisdiction, such holding shall not affect the
validity of any other term. This document and all questions
of interpretation, performance, enforcement and the rights
and remedies of the parties hereunder shall be determined
in accordance with the laws of the State of California, USA.
Any legal action or proceeding arising from or related to
this document or the transaction described herein shall be
brought and maintained in state court in Alameda County, California
or in the Federal District Court for the Northern District
of California, and the parties consent to the jurisdiction
of these courts. No action, regardless of form, arising out
of or related to the transaction described in this document
may be brought by either party more than one year after the
cause of action arises, or in the case of non-payment, more
than four years after the date of this document.
Purchaser can request RMA form at www.gowin.com
then email it to customerservice@gowin.com
for any RMA returns and questions.
The foregoing
Terms and Conditions of Sales are current as of 3/1/06 and
are subject to change by GOWIN.COM at any time without notice.
Updated
on March 1, 2006.
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