|TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS 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 Kenmore Computers entity named on the invoice (“Kenmore Computers”) that will be provided to you (Purchaser) 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 Kenmore Computers, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) OTHER Kenmore Computers STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change and will take effect upon posting on Kenmore Computers’ website of the update to the terms and conditions.
1. Pricing, Specifications & Availability
In the event of stock unavailability, if a customer has chosen to purchase and wait for stock, the prices are fixed at the time of sale.
2. Purchase & Sale
3. Purchase Price
4. Order Acceptance Policy:
5. Orders for Collection
6. Cancellation and Returns Policy
Any defective product(s) that are returned to Kenmore Computers must be adequately and securely packaged by Purchaser prior to shipment. Purchaser must include original box, packaging, all manuals, drivers and accessories and original receipt for all refunds, exchanges, and warranty repair services.
A $35 labor fee will be assessed if the products are returned and found to be non-defective.
Kenmore Computers reserves the right to replace defective parts with equivalent parts, new or refurbished, as Kenmore Computers deems necessary. Kenmore Computers will refund purchases within 7 days of receipt in most instances. We reserve the right to with old any refund after 7 days.
Products that have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Kenmore Computers, are not covered by this warranty. Any alterations, additions, improvements or attachments to the product(s) not authorized in writing by Kenmore Computers shall be deemed to be a waiver of this warranty by Purchaser and shall render this warranty null and void. Kenmore Computers 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 warranty does not extend beyond the original purchase of product(s) from Kenmore Computers. Any equipment used in conjunction with products purchased from Kenmore Computers is not covered under this warranty.
Claims for defective products over 7 days from date of invoice are not covered under this policy. Defective products and claims over 7 days from the date of invoice must be sent back to manufacturer to be covered under their warranty terms and conditions. No exchange, refunds or swap-overs are permitted for fault claims over 7 days.
Acceptance of purchased returns that are free of defects is purely at Kenmore Computers’ discretion. Refund of this purchase will be by way of a credit note only. A 10% handling fee with a minimum of $10 will be charged.
Due to the nature of Software and Games, we are only able to offer a refund for these items if they are unused. The unique license must not have been activated. Refunds on software and games that have been opened, used or activated are available only if the disk is faulty or damaged.
|LEGAL AGREEMENT – Customer agrees to the following|
|7. LIMITED HARDWARE WARRANTY POLICY
A Limited Hardware Warranty generally provides a warranty that the Product is free from material defects in materials and workmanship that cause product failure during fair and reasonable usage of the Product for the warranty period.
Generally, a Limited Hardware Warranty does not apply to product failure due to, but not limited to, the following reasons:
Kenmore Computers and the provider of the Limited Hardware Warranty shall not be liable for:
The Limited Hardware Warranty may give Purchaser specific legal rights. Purchaser may also have other rights, which vary from state to state and country to country. The terms of the Limited Hardware Warranty generally do not exclude such rights. Some states and countries disallow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages or the exclusion of liability for injury (including death) caused by negligence, so the above limitations or exclusions may not apply to Purchaser depending on the relevant jurisdiction.
Please refer to any Limited Hardware Warranty or other warranty documentation accompanying Your Product for more specific terms and conditions.
In the event of any conflict with the terms of this policy, the terms of the Limited Hardware Warranty or other warranty document accompanying Your Product shall govern.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, Kenmore Computers 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 Kenmore Computers BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL KENMORE COMPUTERS’ LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
8. DOA Policy
DOA products MUST be claimed with Kenmore Computers within 7 days of the invoice date. All product(s) requested and authorized as return for DOA (Dead on Arrival) must be received by Kenmore Computers within the X (X) days of original purchase date.
Kenmore Computers reserves the rights to repair, exchange or issue credit to Purchaser on DOA product.
|LEGAL AGREEMENT – Customer agrees to the following|
| 9. Cancellation & Unauthorized Returns
If Purchaser purports to cancel an approved order and wrongfully refuses to accept the product(s), Purchaser shall pay to Kenmore Computers a sum equal to twenty five (25) percent of the sales price and, if shipment has been made, Purchaser shall also reimburse Kenmore Computers for all cost of shipment. Notwithstanding the foregoing, if Purchaser attempts to return the product(s) without legal excuse, Kenmore Computers 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 Kenmore Computers.
11. Jurisdiction and Venue
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 New York, 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 of New York, and the parties consent to the jurisdiction of these courts.