| Use Restrictions |
| The following terms and conditions govern the sale that will be provided to the Customer on orders for computer systems and/or related products sold in the United States. By accepting delivery of the computer systems and/or other products described on that sales invoice and/or sales order, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) UNLESS OTHER STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, at our sole discretion. |
| 1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which 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 Customer and Us. |
| 2. Governing Law. THE SALE(S) WILL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF VIRGINIA. Venue and jurisdiction for all disputes will lie in Prince William County, Virginia. |
| 3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other pre-arranged payment method unless credit terms have been agreed by us. If credit terms have been agreed by Us, invoices are due and payable within credit terms, after the date of the invoice. We may invoice parts of an order separately. Orders are not binding upon Golden Tech, Inc. until accepted by Golden Tech, Inc. Any quotations given by Golden Tech will be valid for the period stated on the quotation or (30) Thirty days. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. |
| 4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on our invoice(s). Unless Customer provides us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for our franchise taxes and taxes on our net income. If applicable, a separate charge for taxes will be shown on our invoice. |
| 5. Title. Title to products passes from Golden Tech to Customer on shipment from Our facility. Title to software will remain with the applicable licensor(s). |
| 6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO OUR-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS. WE MAKE NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN OUR APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND WE WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON OUR RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN OUR APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. We reserve the right to modify its warranty at any time, at its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. We do not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use. |
| 7. Return Policies. Systems that are purchased directly from Golden Tech by an end-user Customer may be returned by Customer in accordance with our "Total Satisfaction Return Policy" in effect on the date of the invoice. Reconditioned parts that are purchased directly from us may be returned by Customer during the 10 day period following the date of shipment by us for a credit or for a refund of the purchase price if already paid; for new parts, the return period is 10 days. |
| 8. Exchanges. From time to time, We may, at Golden Tech's sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with our exchange policies in effect on the date of the exchange. |
| 9. Products. Our policy is one of on-going product update and revision. We may revise and discontinue products at any time. We 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 or catalog are possible. The parts and assemblies used in building Our products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. |
| 10. Limitation of Liability. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. WE 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 HEREIN. |
| 11. Applicable Laws; Not for Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. We have separate terms and conditions governing resale. |
| 12. Service and Support. We endeavor to provide the best customer and technical telephone support in the personal computer industry. For end-user Customers, we promise that its support people will attempt to handle over the telephone any problem involving Our products. However, our support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. |
| We have no obligation to provide service or support until we have received full payment for the product or service/support contract for which service or support is requested. We will make on-site service available to Customers in the United States in accordance with the then-current terms and conditions set by us and/or the third-party service provider. |
| 13. Headings. 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. |
| 14. Typing Errors, and Product Images. Golden Tech has taken every effort to ensure the accuracy of the content of this Web Site. The images on this site are for reference only, some products may not have their exact image, substitutions have been used for items where the original image was not available or suitable for use. We are not liable for any typing errors, and reserve the right to refuse the sale of a product due to typing errors. Please e-mail us for any disputes.
Golden Tech, Inc. hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for Golden Tech, Inc., any liability in connection with the sale of the part(s), software, systems and/or service. Buyer shall not be entitled to recovery from Golden Tech, Inc. for any consequential damages to property, from loss of use, from loss of time, from loss of profit or income, or any other incidental damage.
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