This Terms and Conditions of Sale (Terms hereafter) constitutes the contract between A-Power Computer Limited, a company with its main office at #1038 – 2560 Shell Road, Richmond BC (A-Power hereafter) and the Customer, who patronize and purchase goods and services from A-Power. It governs the rights and obligations of the parties notwithstanding any prior course of dealing, custom or usage of sales, course of performance, prior invoice terms and conditions, purchase orders, contracts and agreements. A-Power and Customer hereby agrees to the following.
PAYMENT:Customer agrees to pay the amount due, in full according to the terms listed on the invoice. Customer agrees to pay all shipping and handling costs involving the goods and services. The date of purchase is the invoice date. Postdated cheques are not an acceptable form of payment. Title of the good(s) shall remain with A-Power until full payment has been received.
If Customer fails to fulfill its payment obligation, then A-Power may withhold deliveries and suspend performance, including but not limited to technical assistance, troubleshooting, and returns. Customer understands and agrees to pay:
- a $50.00 fee any time a cheque(s) is returned uncollected for any reason;
- late charges of .05% per day (18.25% per annum) on any past due balances; and
- any cost connected to debt collection (including collection agency or insurance costs).
A-Power shall also be entitled to an extension of time for performance of its obligations equaling the period of Customer's non-fulfillment whether or not A-Power elects to suspend performance.
If A-Power brings any legal action to enforce this agreement, A-Power shall be entitled to recover all reasonable costs and expenses incurred, including but not limited to reasonable attorney fees, litigation and courts costs.
DELIVERY: It is the sole responsibility of the Customer to examine the goods and review the Terms upon receipt of products. Claims for errors, shortage or dispute of the Terms must be received by A-Power within 24 hours of such receipt, otherwise delivery of goods and Terms are deemed to be correct and complete. For in store purchases, A-Power will not accept any returns for items that are physically damaged once the product has left the store. In case of error or dispute, Customer shall give A-Power reasonable time to cure.
Goods can be returned for refund or exchange within fourteen (14) days from the date of purchase, subject to the following conditions: 1. Original purchase invoice is provided; and 2. Good returned in original resell conditions; and 3. Package unopened for software, consumables and headsets; and 4. Goods must not be specially ordered. The general definition of original condition is unopened box sealed in its original shrink-wrap, with no physical damage. Special order goods are goods not found in stock on our regular inventory list on the order date.
A minimum 15% restocking fee will apply to any less-than-original condition product A-Power agrees to take back. All return product needs to be pre-authorized and inspected by A-Power technician before service is performed.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, OR IMPLED A-POWER MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. A-POWER WARRANTS LIMITED WARRANTY TO THE ORIGINAL PURCHASER A LIMITED WARRANTY TO COVER THE SPECIFIED SYSTEMS OR PRODUCTS SOLD BY A-POWER AUTHORIZED DEALERS. Limited warranty does not cover the following cases:
- Damages due to abuse, mishandling, misuse, improper services, improper installation, improper packaging by the Buyer, alternation, accident, electrical current fluctuations, failure to follow operating, maintenance, environmental instructions, neglect, shipping, unusual physical or electrical stress, or modified or adjusted or repaired by persons other that A-Power's authorized personnel;
- Parts or services that was not supplied or provided by A-Power that, in result, damages A-Power purchased components;
- Tampered, damaged, or removed serial labels or warning labels;
- Problems or errors resulting from software;
- Failure to provide valid A-Power purchase invoice.
GOODS MADE BY OTHER MANUFACTURERS ARE SOLD "AS IS" - All goods made by manufacturers other than A-Power may carry a limited warranty as granted by the respective manufacturer. A-Power’s sole obligation for these goods is, at its discretion, to repair or to replace the goods for a period of up to 14 days from the date of purchase. A-Power may, from time to time and for a service fee, assist Customer in obtaining manufacturer warranty service; however A-Power is not responsible for shipping, testing, configuration, maintenance, trouble-shooting, and compatibility verification. Computer accessories have a Four-teen (14) day warranty.
SOFTWARE: A-Power provides labour service to load the licensed operating system that was purchased with computer system at the time of purchase. Any other software reinstallation is subjected to current service charges. A-Power is not responsible for any loss of data or any indirect, or consequential damages or losses during loading even if A-Power has been advised on the possibility of such damages or losses. At any time, A-Power is not responsible for software errors or problems; service charges will be applied for systems that require software trouble-shooting or configuration.
LIMITED SYSTEM WARRANTY: A-Power warrants the specified computer system, excluding software, documentation, and similar accessories will be free of defects in workmanship and materials for a period indicated on the invoice; typically this period would be one (1) year or two (2) years or three (3) years from the date of purchase. During this period, at A-Power's option, defective component may be repaired or replaced to restore the computer system to good working order. If A-Power is unable to repair or replace a defective component due to its discontinuance or obsolesce, then A-Power will credit Customer the value of the component based on the current market value at the date goods were received for service. Any replacement is warranty only for the remainder of the warranty period applicable to the product it replaces. This limited warranty applies only to the original Customer and is neither assignable nor transferable.
LIMITED LABOUR WARRANTY: For the period specified on the purchase invoice, A-Power shall provide troubleshooting, testing, and installation service of the defective hardware on condition that the hardware is from A-Power. This labour warranty includes technical services to restore good working order, however it does not apply to the following:
- hardware not found on the original invoice;
- software installation, software troubleshooting, software configuration, including work related to the operating system;
- conflicts due to components installed into system not part of the original invoice.
OPTIONAL LIMITED EXPRESS WARRANTY: On computer systems marked with Express Warranty on the purchase invoice, A-Power will expedite service to restore to good working order within 72 hours (3 business days) of receipt, including putting priority to replacing and not repairing components.
Warranty service is provided only to the original purchase with original invoice and documentation. Standard warranty service is not transferable and does not apply to any promotions co-injunction with this service. At any time, A-Power is not responsible for any lost data, even if A-Power accepted the task, for a fee, to backup Customer’s data. It is solely the Customers’ responsibility to ensure the safe-keeping of their data. All warranty service will take a minimum of five (5) working days from the date of the system received by A-Power unless Express Warranty or another Service Standard Level is indicated on the invoice.Immediate service is subjected to special charges as deemed by the technician in charge. All service charges, costs of shipping and insurance are non-refundable.
LIMITATION OF LIABILITY
A-Power's total liability on any and all clams, whether on contract, warranty, tort (including negligence), infringement of proprietary rights or intellectual properties (patent, trademark, copyright, trade secret), or arising out of, connected with, or resulting from the performance or nonperformance of any agreement resulting here from, or from the manufacture, sale, delivery, resale, repair, replacement or use of any good, or the furnishing of any good, or the furnishing of any service shall not exceed the purchase price of the good or service that give rise to the claim. A-Power is not liable for any indirect, special, exemplary, punitive, consequential, incidental, indirect damages, loss of profits, loss of anticipated profits, goodwill, business opportunities, or harm to reputation, revenue, economic loss, loss of data, loss of use of the product of any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, spent time, the claims of their parties, injury to property, including but not limited to breach of warranty, breach of contract, tort, negligence, or strict liability and even A-Power has been advised of the possibility of such losses or damages regardless of the nature of the claim.
MODIFICATIONS - This contract is the complete understanding of the parties and supersedes all prior agreements relating to this sale. This contract cannot be charged, modified, amended, waived, cancelled, or discharged in whole or in part unless so done in writing and signed by both parties. A-Power's delay or failure to enforce any of its rights hereunder shall not constitute a waiver.
FORCE MAJEURE - In the event that A-Power's performance is prevented or delayed by strikes, riots, lockouts, war, embargoes, or exceptional impediments to transportation, earthquakes, fire action by Federal, Provincial or local government or authority, action by foreign powers, acts of GOD, reduction of sources or supply or any cause or circumstance, not limited to the above, which is beyond A-Power's reasonable control, A-Power shall not be held liable for the consequences thereof and the obligation to make delivery shall be suspended while the causes are in effect until the resumption of work after termination of the causes. The foregoing shall apply even though one or more of the causes exist at the time of the order or occurrence after A-Power's performance of its obligations is delayed for other causes.
LAW AND JURISDICTION - This agreement shall be construed and governed by the laws of the Province of British Columbia and Canada. Buyer agrees to the venue of said courts and that nay dispute or legal action arising from this agreement shall soley be entertained in such courts. Buyer further agrees to:
- service of process by certified or registered mail or personal service or by any manner permitted by the laws of the Province of British Columbia, Canada;
- irrevocably waive the defense of inconvenient forum; and
- irrevocably waive trial by jury.