General Company and Website Policies

Payment: PC Torque Inc. uses secure online transactions through our merchant account for everyone’s safety. We accept Visa, MasterCard, Discover and American Express though our online purchasing and phone orders. We also accept Money orders, wire transfer, cashier’s check, and personal check with phone orders. Anything other than credit card may be subject to shipment being delayed while funds are verified. We provide the tracking by the end of the next business day after the item ships.

California Residents Taxes: All orders that are shipped from Sager directly will incur California state sales tax. For an additional fee we can have you computer shipped to us first. This way you will not pay sales tax on the order. If you are interested in having you PC shipped from PCtorque Inc. prior arrangements to the order must be made.

Privacy Policy: Your personal information is kept private including email, phone number, name, address, and credit card information. Your email will only be used in professional issues regarding your purchase and updates or any questions you may have. You will not be sent promotional emails or spam. We respect your privacy.

Purchase orders: We gladly accept purchase orders from Fortune 500 companies, Public Universities and Government agencies, subject to certain restrictions. Please contact our sales team to inquire futher.

International credit cards: It is our policy not to accept credit cards from international customers due to increased risk of fraud. It is possible to place an order through our system using an international credit card, but we reserve the right to decline any such orders.

Return policy: When taking advantage of Sager’s Umbrella Protection Policy (30-day money-back guarantee), we will issue a full refund by check for cash orders, or a full credit back on credit card orders. However, please note the following exceptions. Shipping costs will not be refunded. Opened software may not be refundable. Also, costs arising from any damage or modifications not allowed under warranty will be deducted from the refund amount. The 30 day period starts from the day your unit ships from Sager, NOT the day it arrives to you.

Special order systems (such as PAL TV tuners in the case of the 8800 series, or painted cases) are assessed a 15% restocking fee.

All other fees will be refunded provided the system is returned in the original packaging with all accessories and manual along with no damage to the unit.

DOA Policy (Dead on Arrival/Defective on Arrival): Starting 10/27/2003, if your system has any verifiable hardware issues within ten days of your invoice date (SHIP DATE), you need only provide Sager with a credit card deposit and Sager will ship a brand new system 2nd day shipping (continental USA only), including a return shipping label, to replace the defective system. In the event that a shipping time takes longer then 10 days, Sager will use the tracking number of the package and based on the Signed Delivery Date will extend Three more Days from Delivery Date.

Repair Transit Coverage (info for first year of ownership coverage ONLY): If you have purchased first year of ownership transit repair coverage, you are entitled to fully insured Ground shipping from anywhere within the US to Sager’s repair facility with an approved Return Merchandise Authorization (RMA) number. To obtain a RMA from Sager, simply call 800-741-2219 or fill out a RMA Request Form (https://www.sagernotebook.com/pages/rma_request.html). If the customer would like to use a faster shipping method to Sager they must cover the shipping themselves. This coverage does not work as a rebate program. Customers who ship their notebook without a prepaid label will not be reimbursed because the shipping prices will be inflated. PC Torque is not responsible for an situations where they are not contacted for a label. There are no exceptions to this policy. First year Repair Transit Coverage is NOT REFUNDABLE upon return of a notebook for a refund. This coverage can be used to return your notebook under the 30 day return policy.

In order to use this coverage, the customer must contact PC Torque with a RMA number issued by Sager as well as the package weight and contents (for insurance purposes). PC Torque will then email the customer a prepaid UPS Ground shipping label to adhere to the package. The customer must follow all instructions provided by Sager when the RMA was issued. PC Torque is not responsible for UPS or their services. Any problems with shipping time or concerns must be directed towards them. PC Torque is not responsible for the return shippng - Sager will provide the return shipping for the customer. The speed of this return shipment depends on where you are in your ownership. Please see Sager’s policies for more details. This coverage can be used any time an RMA is needed within the first year from date of shipment. This first year coverage is not the same as what is provided under our 2nd and third year Repair Transit Coverage.

Online system builder: The opportunity to configure laptops and test pricing in our system builders is offered as a convenience to our customers. We are not responsible for incompatible browsers and software that may reflect incorrect pricing, nor are we responsible for typing errors.

Prices are subject to change without notice, and we reserve the right to refuse a sale to anyone for any reason.

Price drop policy: If a price drop occurs and your order has not yet shipped from Sager (California orders are considered shipped when they leave Sager, NOT PC Torque), then you are eligible to receive a refund if your order qualifies. In order to do so, please send us an email with your request. If you order has already shipped, the system has been locked in at the old price and refunds cannot be made. Please note, we do not know of price drops in advance.

We are a Corporation based on morals and professionalism. We understand there are exceptions to most everything and will regard each customer as an individual case of particular needs. We will not tolerate any intentions of business transactions for other than honest and straight forward dealings. At the same time, we believe our customers feel the same. We will make sure we provide you with the best purchase and computer owner experience you have ever had. Try us and see!

Sager 1 Year Notebook Warranty:
The Sager Umbrella Protection Policy
Sager’s warranty obligations are limited to the terms set forth below: IF FOR ANY REASON WHATSOEVER YOU SHOULD FAIL TO BE SATISFIED WITH YOUR SAGER PRODUCT, YOU MAY RETURN IT WITHIN 30 DAYS AFTER ITS ORIGINAL PURCHASE FOR A 100% REFUND OF YOUR PURCHASE PRICE ALONE. SAGER WILL NOT REFUND THE COSTS OF OPENED SOFTWARE, NOR WILL SAGER REFUND SHIPPING COSTS. ALL RETURNS REQUIRE USE OF A RETURNED MATERIAL AUTHORIZATION (RMA) NUMBER, WHICH MUST APPEAR ON ALL COMMUNICATION ABOUT THE RETURNED ITEM AND ON THE OUTSIDE OF THE SHIPPING PACKAGING.

48 HOUR REPAIR PROMISE
DURING THE FIRST 30 DAYS AFTER YOUR PURCHASE, SAGER WILL REPAIR YOUR PRODUCT AND SHIP WITHIN 2 WORKING DAYS AFTER YOUR PRODUCT ARRIVES AT OUR REPAIR FACILITY. YOU WILL PAY FOR SHIPPING THE PRODUCT TO US AND WE WILL PAY UPS SECOND DAY AIR SHIPPING TO RETURN THE PRODUCT TO YOU.

72 HOUR REPAIR PROMISE
AFTER THE FIRST 30 DAYS, AND DURING THE REMAINDER OF THE ONE YEAR LIMITED WARRANTY PERIOD, SAGER WILL REPAIR YOUR PRODUCT AND SHIP WITHIN 3 WORKING DAYS AFTER ITS ARRIVAL AT OUR REPAIR FACILITY. YOU WILL PAY FOR SHIPPING THE PRODUCT TO US AND WE WILL PAY GROUND SHIPPING TO RETURN THE PRODUCT TO YOU. IF WE FAIL TO REPAIR AND SHIP WITHIN THE 72 HOUR PERIOD, WE WILL RETURN THE PRODUCT BACK TO YOU BY UPS SECOND DAY AIR AT OUR COST.

LIFETIME FREE TECHNICAL SUPPORT
SAGER WILL PROVIDE TELEPHONE TECHNICAL ASSISTANCE TO THE ORIGINAL PURCHASER OF A SAGER PRODUCT FOR AS LONG AS THE ORIGINAL PURCHASER CONTINUES TO POSSESS THE PRODUCT.

SAGER’S ONE YEAR LIMITED PARTS AND LABOR WARRANTY
SAGER WARRANTS THIS HARDWARE PRODUCT AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF ORIGINAL RETAIL PURCHASE. IF YOU DISCOVER A DEFECT, SAGER WILL AT ITS OPTION, REPAIR, REPLACE OR REFUND THE PURCHASE PRICE OF THIS PRODUCT AT NO CHARGE TO YOU, PROVIDED YOU RETURN IT DURING THE WARRANTY PERIOD, WITH TRANSPORTATION CHARGES PREPAID TO THE APPROPRIATE SAGER REPAIR DEPARTMENT, AND PROVIDED YOU OBTAIN A RETURN MATERIAL AUTHORIZATION (RMA) NUMBER PRIOR TO SHIPPING YOUR DEFECTIVE PRODUCT. THE RMA NUMBER MUST APPEAR PLAINLY ON THE OUTSIDE OF THE SHIPPING PACKAGING. RMA NUMBERS CAN BE OBTAINED BY CALLING OR WRITING SAGER AT THE ADDRESS AND PHONE NUMBERS PRINTED ON THIS CERTIFICATE. TO EACH PRODUCT RETURNED FOR WARRANTY SERVICE, PLEASE ATTACH YOUR NAME, ADDRESS, TELEPHONE NUMBER, RMA NUMBER, AND PROOF OF DATE OF ORIGINAL RETAIL PURCHASE.

THIS WARRANTY APPLIES ONLY TO HARDWARE PRODUCTS MANUFACTURED BY OR FOR SAGER THAT CAN BE IDENTIFIED BY THE SAGER TRADEMARK, TRADE NAME, OR LOGO AFFIXED TO THEM. SAGER PROVIDES NO WARRANTY WHATSOEVER FOR ANY SOFTWARE PROVIDED WITH ITS PRODUCTS; SUCH SOFTWARE IS WARRANTED SEPARATELY BY THEIR MANUFACTURERS. SAGER DOES NOT WARRANT ANY HARDWARE PRODUCTS THAT ARE NOT SAGER PRODUCTS. THIS WARRANTY DOES NOT APPLY IF THE PRODUCT HAS BEEN MODIFIED WITHOUT THE WRITTEN PERMISSION OF SAGER OR IF ANY SAGER SERIAL NUMBER HAS BEEN REMOVED OR DEFACED. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN EXPRESS OR IMPLIED SAGER SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES. INCLUDING WITHOUT LIMITATION, WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO SAGER DEALER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. SAGER IS NOT RESPONSIBLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DOWNTIME GOODWILL DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY AND ANY COSTS OF RECOVERING REPROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH SAGER PRODUCTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION of incidental or consequential damages or exclusions of implied warranties, so the above limitations or exclusions may not apply to you.
This warranty gives you specific rights, and you may also have other rights that vary from state to state. The Sager Umbrella Protection Policy applies to end users in the continental United States of America and in Canada only and 48-hour/72-hour repair policies apply to hardware only. Software problems may take longer. Sager - Midern Computer, Inc. 18005 Cortney Court City of Industry, California 91748 Technical support, RMA Request Line: 1-800-741-2219 626-964-4849 Fax: 626-964-2381

PC Torque Inc. Warranty:

Services Agreement - Terms and Conditions

Extended Warranty: BY ACCEPTING THE SERVICES AND SUPPORT DESCRIBED ON YOUR INVOICE, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS HEREIN. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. THESE TERMS AND CONDITIONS (THIS "AGREEMENT") WILL SUPPLEMENT, AND IF IN CONFLICT WITH WILL CONTROL, THE TERMS AND CONDITIONS OF ANY APPLICABLE SIGNED AGREEMENT BETWEEN YOU AND PC TORQUE LLC. (INCLUDING WITHOUT LIMITATION, PC TORQUE'S STANDARD KEY CUSTOMER PURCHASE AGREEMENT) OR, IN THE ABSENCE OF SUCH AN AGREEMENT, PC TORQUE'S STANDARD INVOICE TERMS AND CONDITIONS OF SALE (see http://www. Pctorque.com/policies.php). PC TORQUE'S STANDARD INVOICE CONTAINING A DESCRIPTION OF THE PRODUCT YOU PURCHASED IS HEREBY INCORPORATED BY REFERENCE IN ITS ENTIRETY INTO THIS AGREEMENT. THIS AGREEMENT IS BETWEEN YOU AND THE PC TORQUE ENTITY ("PC TORQUE" OR "OUR") AS SPECIFIED IN THE AFOREMENTIONED SIGNED AGREEMENT OR PC TORQUE'S STANDARD INVOICE TERMS AND CONDITIONS. ALL CAPITALIZED TERMS AND CONDITIONS NOT DEFINED HEREIN SHALL HAVE THE MEANING SPECIFIED IN THE AFORMENTIONED SIGNED AGREEMENT OR PC TORQUE'S STANDARD INVOICE TERMS AND CONDITIONS.

For your one-time payment to us as specified on Appendix A - Pricing Table (the "Total Price") - for each computer or computer-related device ("Computer Device") plus any applicable sales or similar taxes, PC Torque LLC. ("we", "us" or "PC TORQUE") will provide you with PC Torque Extended Warranty Service pursuant to the following terms and conditions:

1. Covered Computer Devices: You must pay a separate Total Price for each Computer Device you wish to be covered by this Agreement. With regard to each Computer Device covered by this Agreement the following general terms, conditions and exclusions shall apply: a. Computers.

1). Notebooks. All functional components sold with the laptop are covered by default under this policy ( excluding battery, A/C adapter, and cabinetry of the computer).

2). Desktops. Only the central processing unit, keyboard, mouse, internal hard drives, and the computer's original monitor (when invoiced as part of system order purchase) are covered. Your purchase of this Agreement for a computer does not cover peripheral devices, such as docking stations, external modems, external speakers, game devices, carrying cases, secondary monitors, external mouse on notebooks, external keyboard on notebooks, and other components not internal to the Computer Device (PC Torque Extended Warranty Service may be purchased for certain peripherals as specified in paragraph 1.b. below). This Agreement is for hardware only. PC Torque Extended Warranty Service does not cover any defects in or damage (including without limitation virus-inflicted damage) to software preloaded on, purchased with or otherwise loaded on the Computer Device, including without limitation Custom Factory Integration items. We will exercise reasonable efforts to, but this Agreement does not guarantee that we will, repair or replace Custom Factory Integration items that may otherwise be excluded components.

b. Peripherals. Only parts built in or on the base unit, including parts or accessories that are required for regular operation of the unit and shipped at point of sale, such as internal memory, built-in LCD, internal components/switches, built-in buttons, drawers, lids or panels, remote controls, synchronization cradles, or cables are covered. This Agreement does not cover externally-attached peripheral devices, components, cases, television or monitor wall mounts, or wiring classified as "accessories" or "consumables" and not built in or on the base unit, such as batteries, light bulbs, disposable/replaceable print/ink cartridges, print or photo paper, memory disks, disposable memory devices, wire connections, carrying cases, stylus pens, docking stations, external modems, external speakers, game devices, game disks, secondary monitors, external mouse or other input/output devices, any other components not internal to the Computer Device, or other parts/components requiring regular user maintenance. PC Torque Extended Warranty Service does not cover any software shipped with peripherals.

2. Scope of Services: a. Repair and Replacement Service. During the term of this Agreement and subject to the limitations in this Agreement, we will repair or replace the Computer Device as necessary to correct any damage to the Computer Device.

If we repair your Computer Device, you understand and agree that we may replace original parts with new or used parts from the original manufacturer, or a different one. Replacement parts will be functionally equivalent to the original parts. In our discretion, we may designate an affiliated company or contract with a third party to complete repairs on the Computer Device. If we decide that it is necessary to replace the Computer Device rather than repair it, you will receive a Computer Device equivalent to or better than the Computer Device you originally purchased from us, as determined by us in our sole and reasonable discretion.

b. Limits of Support Services. This Agreement does not cover and we are not obligated to repair or replace:
• Any Computer Device located outside of the United States (the fifty (50) states and the District of Columbia), Canada or Puerto Rico.
• Any damage to or defect in the Computer Device that is cosmetic only or otherwise does not affect Computer Device functionality. Under this Agreement, we are not obligated to repair reasonable wear and tear on the Computer Device and other superficial items, such as scratches and dents that do not materially impair your use of the Computer Device.

• Any Computer Device that anyone other than PC Torque or a person we designate has tried to repair. Any repair or attempted repair on the Computer Device covered by this Agreement by any party other than us or someone we designate will void and cancel this Agreement. We will not reimburse you for any repairs that you or another person make or attempt to make to the Computer Device.

• Any Computer Device that suffers damage in connection with or as a result of incorrect or inadequate Customer Installation. "Customer Installation" shall include any of the following performed by Customer or any third party on behalf of customer: (i) unpacking or moving the Computer Device (2) installation or mounting of a Computer Device to a wall or other structure (or removal of the same following installation) and (ii) affixing of brackets or other weight bearing devices designed for mounting or attachment to a wall or other structure (or removal of the same). Customer installation does not include third party installation services purchased from PC Torque.

• Any Computer Device that is lost or stolen. To receive repair or replacement of a Computer Device, you must return the damaged Computer Device to us in its entirety.

• Any Computer Device that is damaged by fire from an external source or that is intentionally damaged. If we find evidence of intentional damage, we are not obligated to repair or replace the Computer Device.

• Any recovery or transfer of data stored on the Computer Device. You are solely responsible for all data stored on the Computer Device. We do not provide you any data recovery services under this Agreement. However, if hard drive replacement is necessary, we will reload, at no charge to you, the then-current version of major application and operating system software you originally purchased from us, including any installed Custom Factory Integration applications. We do not, however, represent or warrant and this Agreement does not obligate us to ensure that any installed Custom Factory Integration applications will be compatible with the replacement Computer Device.

• Preventive maintenance. It is not necessary that you perform any preventive maintenance on the Computer Device to obtain repair or replacement of a Computer Device covered by this Agreement.

c. Limitation of Liability. NEITHER PC TORQUE Inc. NOR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE LIABLE TO YOU, OR ANY SUBSEQUENT OWNER OR OTHER USER OF THE COMPUTER DEVICE, FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LIABILITY OR DAMAGES FOR THE COMPUTER DEVICE NOT BEING AVAILABLE FOR USE, LOSS OR CORRUPTION OF DATA OR SOFTWARE, PERSONAL INJURY, DEATH, OTHER INDIRECT LOSS DUE TO COMPUTER DEVICE FAILURE, OR ANY AND ALL INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE COMPUTER DEVICE, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY CLAIMS DESCRIBED IN THIS PARAGRAPH. YOU AGREE AND UNDERSTAND THAT WE WILL NOT BE RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF THE COMPUTER DEVICE COVERED BY THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

3. Your Responsibilities: a. General. To receive the PC Torque Extended Warranty Service, you are responsible for complying with the following:

 

1). Cooperate with Technician. You must cooperate with the technician to ensure that the Computer Device is properly serviced. At our discretion, the technician will either send you a replacement part for you to install on the Computer Device or give you directions to ship the Computer Device to our repair facility. So long as you follow our directions, we will pay all shipping charges for return of the Computer Device to our repair facility. Once at our repair facility, we may repair the Product or ship you a replacement Product depending on our assessment of the damage to the Product. In some cases, where we can determine over the telephone that a replacement Product will be necessary, we may in our discretion, ship you a replacement Product immediately. However, if you fail to return the damaged Computer Device to us, you agree that you are responsible for the retail price of the replacement Computer Device.

2). Payment. PC Torque Extended Warranty Service is only available with the purchase of a PC Torque notebook computer, PC Torque desktop computer, PC Torque projector, PC Torque handheld or other peripheral or system falling under a category listed in Appendix A, but it is not necessary that you purchase PC Torque Extended Warranty Service to buy a Computer Device from us. Our invoice to you for the Computer Device will indicate whether you purchased PC Torque Extended Warranty Service, and will serve as your receipt. We will mail you a copy of the invoice and this Agreement within ten (10) days after your purchase of a Computer Device with PC Torque Extended Warranty Service. b. How and When to Use.

1). The hours of Support shall not include regular holidays which include New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day, and the day after Thanksgiving and Christmas Day. PC Torque is not liable for any failure or delay in performance due to any cause beyond its control.

2). PC Torque, is the only party obligated to provide service under this Agreement. To initiate a service request under this Agreement, you must call our service department at 866-249-3245. When you call, a PC Torque technician will ask for the Service Tag number located on your Computer Device. Once the technician has verified your purchase of PC Torque Extended Warranty Service, he or she will ask you a series of questions to assess the extent and cause of damage to the Computer Device. 4. General Terms:

a. Term and Renewal. This Agreement begins on the date you receive the Computer Device from us and expires on the contract expiration date corresponding to the 1, 2, 3 or 4 year PC Torque Extended Warranty Service term purchased. The term of this Agreement may not be extended or renewed.

b. Claims of Confidentiality or Proprietary Rights. You agree that any information or data disclosed or sent to PC Torque, over the telephone, electronically or otherwise, is not confidential or proprietary to you.

c. Transferability. You may transfer this Agreement to subsequent owners of the Computer Device. We will provide PC Torque Extended Warranty Service for the term of this Agreement to all subsequent owners of the Computer Device, but before we provide PC Torque Extended Warranty Service to a subsequent owner, it is the responsibility of the subsequent Computer Device owner to provide us with Service Tag and/or invoice information to verify the purchase of PC Torque Extended Warranty Service by the Computer Device's original owner.

d. Cancellation. This Agreement is dated as of the date you receive the Computer Device from us. You may cancel this Agreement within thirty (30) days of your receipt of this Agreement by sending written notice to us at:
PC Torque Inc.
1180 Northern Blvd. Suite 201
Manhasset, NY 11030
Attn: Service and Support Department

Except as provided in paragraph 4.h. for customers in certain states, where applicable, if you cancel this Agreement within thirty (30) days of your receipt of it, we will send you a full refund less the cost of claims, if any, made under this Agreement. You may not cancel this Agreement after thirty (30) days of your receipt of this Agreement, except as provided in paragraph 4.h. for customers in certain states. We may cancel this Agreement if you fail to pay us the Total Price for PC Torque Extended Warranty Service in accordance with our invoice terms, make a misrepresentation to us or our agents, or otherwise breach your obligations under this Agreement. We will not cancel this Agreement for any other reason. If we cancel this Agreement, we will send you written notice of cancellation at the address indicated in our records. The notice will include the reason for cancellation and the effective date of cancellation, which will not be less than ten (10) days from the date we send notice of cancellation to you, except as provided in paragraph 4.h. for customers in certain states. PC Torque Extended Warranty Service must be cancelled separately for each Computer Device.

e. Entire Agreement. This Agreement is the entire agreement between you and PC Torque with respect to its subject matter and none of PC Torque's employees or agents may orally vary the terms and conditions of this Agreement.

f. Additional Remedies. This Agreement affords you specific legal rights. You may have additional legal rights that vary from state to state, including those listed below. This Agreement is not a warranty. The Computer Device you purchase from us may also come with a limited warranty from PC Torque or third party manufacturers of Computer Devices we distribute. Please consult our limited warranty statements for your rights and remedies under those limited warranties.

g. Arbitration. You agree that, except as set forth in this paragraph, any and all claims or disputes arising out of or in connection with or in relation to this Agreement will be resolved by final and binding arbitration. However, this arbitration provision does not apply to any claim we may have against you for non-payment of monies owed for the purchase of this Agreement or the Computer Device or any security interest we have in the Computer Device covered by this Agreement. All arbitration proceedings will be held in the office of the American Arbitration Association closest to your permanent residence. Any arbitration that arises out of this Agreement will be held in accordance with the American Arbitration Association's Commercial Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. 1, et seq., shall govern all arbitration proceedings under this Agreement.

h. State Specific Provisions. The terms stated in this paragraph are specific to certain states. If you are not a permanent resident of the state identified in each paragraph below at the time you purchase PC Torque Extended Warranty Service, you are not eligible for these rights and/or remedies. We are not obligated to provide PC Torque Extended Warranty Service under these terms except in the states specified below.

• Alabama, Georgia and Kentucky Customers. The obligations of PC Torque under this Agreement are backed by the full faith and credit of PC Torque.

• California and Illinois Customers. You may cancel this Agreement at any time by following the procedures for cancellation in paragraph 4.d. of this Agreement. If you cancel this Agreement after thirty (30) days of your receipt of this Agreement, you are entitled to a pro-rata refund as follows: Refund = The Total Price minus (a) the number of days from the date you receive the Computer Device until we receive notice of your cancellation divided by the term of this Agreement; (b) 0.1 multiplied by the Total Price; and (c) the cost of any repair or replacement provided to you before cancellation.

• Hawaii Customers. If you cancel this Agreement pursuant to paragraph 4.d. of this Agreement and we fail to refund the purchase price of this Agreement to you within forty-five (45) days after your cancellation, we are obligated to pay you a penalty of 10% per month of the amount of the refund due and owing to you. Your right to cancel this Agreement pursuant to paragraph 4.d. above only applies to the original owner of the Agreement and may not be transferred to subsequent owners of the Agreement. The obligations of PC Torque under this Agreement are backed by the full faith and credit of PC Torque.

• Nevada Customers. You may cancel this Agreement at any time by following the procedures for cancellation in paragraph 4.d. of this Agreement. If you cancel this Agreement within twenty (20) days after your receipt of this Agreement and you have not made a claim under this Agreement, you are entitled to a full refund of the Total Price. If you cancel this Agreement any time after twenty (20) days after your receipt of this Agreement or if you cancel this Agreement and have made a claim at any time under this Agreement, you are entitled to a refund of the unearned premium calculated on a pro rata basis, minus a cancellation fee of 10% of the Total Price. We may cancel this Agreement for any reason within seventy (70) days after your receipt of this Agreement. We may cancel this Agreement thereafter only if:

• You fail to pay an amount when due;

• You are convicted of a crime that results in additional PC Torque Extended Warranty Service;

• It is discovered that you committed fraud or made a material misrepresentation in obtaining this Agreement or submitting a claim;

• It is discovered that you engaged in an act or omission, or violated a condition of this Agreement, after the date of this Agreement which substantially and materially increases the PC Torque Extended Warranty Service; or

• A material change occurs to the nature or scope of the PC Torque Extended Warranty Service that causes it to be substantially and materially increased beyond that contemplated as of the date of this Agreement. If we cancel this Agreement as provided above, we will send you written notice at the address indicated in our records. The notice will include the effective date of the cancellation, which will not be less than fifteen (15) days after the date we send you the notice of cancellation. In addition, you will be entitled to a refund of the unearned premium calculated on a pro rata basis. If we fail to deliver to you within forty-five (45) days any unearned premium to which you are entitled as provided above, you will be entitled to an additional amount equal to 10% of the Total Price for every thirty (30) days such refund is delayed beyond the 45-day period. The obligations of PC Torque under this Agreement are backed by the full faith and credit of PC Torque.

• New York Customers. If you cancel this Agreement pursuant to paragraph 4.d. above and we fail to refund the purchase price of this Agreement to you within thirty (30) days after your cancellation, we are obligated to pay you a 10% penalty per month of the amount of the refund due and owing to you. The obligations of PC Torque under this Agreement are backed by the full faith and credit of PC Torque.

• North Carolina Customers. You are entitled to written notification before the sale of a service agreement that the purchase of a service agreement is not required either to purchase or obtain financing on the Computer Device. You may cancel this Agreement at any time by following the procedures for cancellation in paragraph 4.d. of this Agreement. If you cancel this Agreement after thirty (30) days of your receipt of this Agreement, you are entitled to a pro-rata refund as follows: Refund = The Total Price minus (a) the number of days from the date you receive the Computer Device until we receive notice of your cancellation divided by the term of this Agreement; (b) 0.1 multiplied by the Total Price; and (c) the cost of any repair or replacement provided to you before cancellation.

• South Carolina Customers. If you cancel this Agreement pursuant to paragraph 4.d. above and we fail to refund the purchase price of this Agreement to you within forty-five (45) days after your cancellation, we are obligated to pay you a 10% penalty per month of the amount of the refund due and owing to you. Your right to cancel this Agreement pursuant to paragraph 4.d. above only applies to the original owner of the Agreement and may not be transferred to subsequent owners of the Agreement. If we cancel this Agreement, we will send you written notice of the cancellation at least fifteen (15) days prior to the effective date of cancellation. The obligations of PC Torque under this Agreement are backed by the full faith and credit of PC Torque. If we do not timely resolve such matters within sixty (60) days of proof of loss, you may contact the South Carolina Department of Insurance, Post Office Box 100105, Columbia, South Carolina 29202-3105, or (800) 768-3467.

• Texas Customers. If you cancel this Agreement pursuant to paragraph 4.d. above and we fail to refund the purchase price of this Agreement to you within forty-five (45) days after your cancellation, we are liable to you for a penalty of no more than 10% per month of the amount of the refund due and owing to you. Your right to cancel this Agreement pursuant to paragraph 4.d. above only applies to the original owner of the Agreement and may not be transferred to subsequent owners of the Agreement. The obligations of PC Torque under this Agreement are backed by the full faith and credit of PC Torque. Any unresolved complaints concerning PC Torque or questions concerning the regulation of service contract providers may be addressed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711-2157, telephone (512) 4636599 or (800) 803-9202 (within Texas).

• Washington Customers. If you cancel this Agreement pursuant to paragraph 4.d. above and we fail to refund the purchase price of this Agreement to you within thirty (30) days after your cancellation, we are obligated to pay you a penalty of 10% per month of the amount of the refund due and owing to you. Your right to cancel this Agreement pursuant to paragraph 4.d. above only applies to the original owner of the Agreement and may not be transferred to subsequent owners of the Agreement. The obligations of PC Torque under this Agreement are backed by the full faith and credit of PC Torque.

• Wyoming Customers. If you cancel this Agreement pursuant to paragraph 4.d. above and we fail to refund the purchase price of this Agreement to you within forty-five (45) days after your cancellation, we are obligated to pay you a penalty of 10% per month of the amount of the refund due and owing to you. Your right to cancel this Agreement pursuant to paragraph 4.d. above only applies to the original owner of the Agreement and may not be transferred to subsequent owners of the Agreement. The obligations of PC Torque under this Agreement are backed by the full faith and credit of PC Torque. The final determination in any arbitration proceeding instituted pursuant to paragraph 4.g. may be submitted to a court of competent jurisdiction in accordance with Section 1-36-101 of the Wyoming Statutes.

Because accidents do happen:

Your technology equipment works as hard as you do, often in tough settings. If your computers or peripherals are used in harsh environments or are highly mobile, your systems are at risk for accidental damage. If your equipment serves multiple purposes or is handled by multiple users, the possibility it could be broken or damaged increases.

PC Torque laptop Accidental Damage Protection provides easy and flexible repair and replacement service for most accidental damage to select systems and peripherals. Our services help save you time, money and resources in the event of an unplanned incident. ADP covers most damage that is not protected under limited warranty, such as spills, drops, surges and breakages. It also provides investment protection for systems and peripherals exposed to high-risk multi-use, high mobility, multiple user and harsh environments. With ADP, you can keep your equipment running in spite of life's mishaps. Support Services

Key Benefits:
* Easy to Use: You deal directly with the manufacturer and there are no additional fees or surcharges.
* Flexible Coverage: ADP Accidental Damage Service is available in 1-, 2-, 3- and 4-year terms.
* Increased Scope of Coverage: ADP Accidental Damage Protection is a separate service agreement that picks up where the limited warranty leaves off, to cover most accidental damage such as spills, drops, surges and breakages.
* Investment Protection: We help protect your technology investment by minimizing out-of-pocket expenses to repair unplanned damage. You can rest assured your equipment is covered from most losses.

Visit www.pctorque.com/policies.php for more information.

For details on all programs contact PC Torque Inc. directly. Service specifications are valid in the US and Canada only and subject to change without notification. PC Torque cannot be responsible for errors in typography and photography.

1 ADP service excludes theft, loss, and damage due to fire or intentional damage.
2 The replacement unit may be refurbished.

 

Do you need ADP Accidental Damage Service?
If your computer systems or peripherals are exposed to high risk settings such as serving multiple uses in your home, at school or at work, or are highly mobile for cross-country, cross-campus, telecommuting and field sales purposes, ADP can help protect your technology investments. Our services can also help protect your equipment if it handles multiple users in shared work spaces, kiosks, retail, student and family settings, or is needed in harsh environments like police, military, medical, classroom, home, dormitory and shop floor uses.

 

Purchasing ADP Accidental Damage Service
Make ADP a part of your reliable, cost-effective laptop purchase and warranty solution. It is available on all of our internet models.

 

Repair or Replacement Service
In the event that one of your systems is accidentally damaged, simply call PC Torque's 24-hour technical support line.
After determining the cause and extent of damage to your system, PC Torque
will work to get your system operating again quickly. Services include sending replacement parts, repairing the unit at our repair facility, or completely exchanging your system.

 

Types of Damage Covered
ADP provides coverage for most non-intentional damage caused by accidents.

Examples of damage that IS covered include:
* liquid spilled on or in your unit -drops, falls or other collisions
* electrical surges -accidental breakage

Examples of damage that IS NOT covered include:
* intentional damage -consumables (i.e. Batteries, bulbs)
* theft or loss -normal wear that does not affect the system's operation
* fire

ADP Accidental Damage Service for Custom Factory Integration Customers

Customers who have taken advantage of PC Torque's Custom Factory Integration program are also encouraged to upgrade to Accidental Damage Service. In the case of most accidental damage, attempts will be made to replace the system with the same model as the original, but due to rapid changes in technology and part availability, upgrades to the original system hardware and/or software may be required. If the system has specially-integrated hardware or a custom software image loaded via Custom Factory Integration, the end user may need to contact their Information Systems department for instructions on how to get the replacement system upgraded with their company's latest hardware and/or software revisions. However, PC Torque does not guarantee that the company-specific hardware and/or software will be compatible with the replacement system.

PC Torque Inc. Accidental Damage Protection
ADP (tm)
BY ACCEPTING THE SERVICES AND SUPPORT DESCRIBED ON YOUR INVOICE, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS HEREIN. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. THESE TERMS AND CONDITIONS (THIS "AGREEMENT") WILL SUPPLEMENT, AND IF IN CONFLICT WITH WILL CONTROL, THE TERMS AND CONDITIONS OF ANY APPLICABLE SIGNED AGREEMENT BETWEEN YOU AND PC TORQUE (INCLUDING WITHOUT LIMITATION, PC TORQUE'S STANDARD KEY CUSTOMER PURCHASE AGREEMENT) OR, IN THE ABSENCE OF SUCH AN AGREEMENT, PC TORQUE'S STANDARD INVOICE TERMS AND CONDITIONS OF SALE
(see http:pctorque.com/policies.php). PC TORQUE'S STANDARD INVOICE CONTAINING A DESCRIPTION OF THE PRODUCT YOU PURCHASED IS HEREBY INCORPORATED BY REFERENCE IN ITS ENTIRETY INTO THIS AGREEMENT. THIS AGREEMENT IS BETWEEN YOU AND THE PC TORQUE ENTITY ("PC TORQUE" OR "OUR") AS SPECIFIED IN THE AFOREMENTIONED SIGNED AGREEMENT OR PC TORQUE'S STANDARD INVOICE TERMS AND CONDITIONS.
ALL CAPITALIZED TERMS AND CONDITIONS NOT DEFINED HEREIN SHALL HAVE THE MEANING SPECIFIED IN THE AFORMENTIONED SIGNED AGREEMENT OR PC TORQUE'S STANDARD INVOICE TERMS AND CONDITIONS.

"PC Torque") will provide you with ADP Service pursuant to the following terms and conditions:

1. Covered Computer Devices: You must pay a separate Total Price for each Computer Device you wish to be covered by this Agreement. With regard to each Computer Device covered by this Agreement the following general terms, conditions and exclusions shall apply:
a. Computers.

1). Notebooks. All functional components sold with the laptop are covered by default under this policy ( excluding battery, A/C adapter, and cabinetry of the computer).

2). Desktops. Only the central processing unit, keyboard, mouse, internal hard drives, and the computer's original monitor (when invoiced as part of system order purchase) are covered. Your purchase of this Agreement for a computer does not cover peripheral devices, such as docking stations, external modems, external speakers, game devices, carrying cases, secondary monitors, external mouse on notebooks, external keyboard on notebooks, and other components not internal to the Computer Device (ADP Service may be purchased for certain peripherals as specified in paragraph 1.b. below). This Agreement is for hardware only. ADP Service does not cover any defects in or damage (including without limitation virus-inflicted damage) to software preloaded on, purchased with or otherwise loaded on the Computer Device, including without limitation Custom Factory Integration items. We will exercise reasonable efforts to, but this Agreement does not guarantee that we will, repair or replace Custom Factory Integration items that may otherwise be excluded components.

b. Peripherals. Only parts built in or on the base unit, including parts or accessories that are required for regular operation of the unit and shipped at point of sale, such as internal memory, built-in LCD, internal components/switches, built-in buttons, drawers, lids or panels, remote controls, synchronization cradles, or cables are covered. (Peripherals include devices such as handhelds/PDA's, printers, digital cameras, monitors, or projectors.) This Agreement does not cover externally-attached peripheral devices, components, cases, or wiring classified as "accessories" or "consumables" and not built in or on the base unit, such as batteries, light bulbs, disposable/replaceable print/ink cartridges, print or photo paper, memory disks, disposable memory devices, wire connections, carrying cases, stylus pens, docking stations, external modems, external speakers, game devices, game disks, secondary monitors, external mouse or other input/output devices, any other components not internal to the Computer Device, or other parts/components requiring regular user maintenance. ADP Service does not cover any software shipped with peripherals.

2. Scope of Services:

a. Repair and Replacement Service. During the term of this Agreement and subject to the limitations in this Agreement, we will repair or replace the Computer Device as necessary to correct any damage to the Computer Device. For example, under this Agreement, we will repair or replace the Computer Device if it is damaged because:

• You spill liquid on the keyboard

• You accidentally drop the Computer Device

• An electrical surge damages the Computer Device's internal circuitry

• The LCD/monitor cracks or shatters in extreme temperatures If we repair your Computer Device, you understand and agree that we may replace original parts with new or used parts from the original manufacturer, or a different one. Replacement parts will be functionally equivalent to the original parts. In our discretion, we may designate an affiliated company or contract with a third party to complete repairs on the Computer Device. If we decide that it is necessary to replace the Computer Device rather than repair it, you will receive a Computer Device equivalent to or better than the Computer Device you originally purchased from us, as determined by us in our sole and reasonable discretion.

b. Limits of Support Services. This Agreement does not cover and we are not obligated to repair or replace:

• Any Computer Device located outside of Canada or the United States (the fifty (50) states and the District of Columbia).

• Any damage to or defect in the Computer Device that is cosmetic only or otherwise does not affect Computer Device functionality. Under this Agreement, we are not obligated to repair reasonable wear and tear on the Computer Device and other superficial items, such as scratches and dents that do not materially impair your use of the Computer Device.

• Any Computer Device that anyone other than PC Torque or a person we designate has tried to repair. Any repair or attempted repair on the Computer Device covered by this Agreement by any party other than us or someone we designate will void and cancel this Agreement. We will not reimburse you for any repairs that you or another person make or attempt to make to the Computer Device.

• Any Computer Device that is lost or stolen. To receive repair or replacement of a Computer Device, you must return the damaged Computer Device to us in its entirety.

• Any Computer Device that is damaged by fire from an external source or that is intentionally damaged. If we find evidence of intentional damage, we are not obligated to repair or replace the Computer Device.

• Any recovery or transfer of data stored on the Computer Device. You are solely responsible for all data stored on the Computer Device. We do not provide you any data recovery services under this Agreement. However, if hard drive replacement is necessary, we will reload, at no charge to you, the then-current version of major application and operating system software you originally purchased from us, including any installed Custom Factory Integration applications. We do not, however, represent or warrant and this Agreement does not obligate us to ensure that any installed Custom Factory Integration applications will be compatible with the replacement Computer Device.

• Preventive maintenance. It is not necessary that you perform any preventive maintenance on the Computer Device to obtain repair or replacement of a Computer Device covered by this Agreement.

c. Limitation of Liability. NEITHER PC TORQUE NOR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE LIABLE TO YOU, OR ANY SUBSEQUENT OWNER OR OTHER USER OF THE COMPUTER DEVICE, FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LIABILITY OR DAMAGES FOR THE COMPUTER DEVICE NOT BEING AVAILABLE FOR USE, LOSS OR CORRUPTION OF DATA OR SOFTWARE, PERSONAL INJURY, DEATH, OTHER INDIRECT LOSS DUE TO COMPUTER DEVICE FAILURE, OR ANY AND ALL INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE COMPUTER DEVICE, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY CLAIMS DESCRIBED IN THIS PARAGRAPH. YOU AGREE AND UNDERSTAND THAT WE WILL NOT BE RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF THE COMPUTER DEVICE COVERED BY THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

3. Your Responsibilities:

a. General. To receive the ADP Service, you are responsible for complying with the following:

1). Cooperate with Technician. You must cooperate with the technician to ensure that the Computer Device is properly serviced. At our discretion, the technician will either send you a replacement part for you to install on the Computer Device or give you directions to ship the Computer Device to our repair facility. So long as you follow our directions, we will pay all shipping charges for return of the Computer Device to our repair facility. Once at our repair facility, we may repair the Product or ship you a replacement Product depending on our assessment of the damage to the Product. In some cases, where we can determine over the telephone that a replacement Product will be necessary, we may in our discretion, ship you a replacement Product immediately. However, if you fail to return the damaged Computer Device to us, you agree that you are responsible for the retail price of the replacement Computer Device.

2). Payment. ADP Service is only available with the purchase of a system through PC Torque where identified. in Appendix A, but it is not necessary that you purchase ADP Service to buy a Computer Device
from us. Our invoice to you for the Computer Device will indicate whether you purchased ADP Service, and will serve as your receipt.

b. How and When to Use.

1). The hours of Support shall not include regular holidays which include New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day, and the day after Thanksgiving and Christmas Day. PC Torque is not liable for any failure or delay in performance due to any cause beyond its control.

2). PC Torque, is the only party obligated to provide service under this Agreement. To initiate a service request under this Agreement, you must call our service department at 1-800-249-3245. When you call, a PC Torque technician will ask for the Serial number located on your Computer Device. Once the technician has verified your purchase of ADP Service, he or she will ask you a series of questions to assess the extent and cause of damage to the Computer Device.

4. General Terms:

a. Term and Renewal. This Agreement begins on the date you receive the Computer Device from us and expires on the contract expiration date corresponding to the ADP Service term purchased. The term of this Agreement may not be extended or renewed.

b. Claims of Confidentiality or Proprietary Rights. You agree that any information or data disclosed or sent to PC Torque, over the telephone, electronically or otherwise, is not confidential or proprietary to you.

c. Transferability. You may transfer this Agreement to subsequent owners of the Computer Device. We will provide ADP Service for the term of this Agreement to all subsequent owners of the Computer Device, but before we provide ADP Service to a subsequent owner, it is the responsibility of the subsequent Computer Device owner to provide us with warranty number and/or invoice information to verify the purchase of ADP Service by the Computer Device's original owner.

d. Cancellation. This Agreement is dated as of the date you receive the Computer Device from us. You may cancel this Agreement within thirty (30) days of your receipt of this Agreement by sending written notice to us at:

PC Torque Inc.
1180 Northern Blvd. Suite 201
Manhasset, NY 11030

If you cancel this Agreement within thirty (30) days of your receipt of it, we will send you a full refund less the cost of claims, if any, made under this Agreement. You may not cancel this Agreement after thirty (30) days of your receipt of this Agreement, except as provided in paragraph 4.h. for customers in certain states. We may cancel this Agreement if you fail to pay us the Total Price for ADP Service in accordance with our invoice terms, make a misrepresentation to us or our agents, or otherwise breach your obligations under this Agreement. We will not cancel this Agreement for any other reason. If we cancel this Agreement, we will send you written notice of cancellation at the address indicated in our records. The notice will include the reason for cancellation and the effective date of cancellation, which will not be less than ten (10) days from the date we send notice of cancellation to you, except as provided in paragraph 4.h. for customers in certain states. ADP Service must be cancelled separately for each Computer Device.

e. Entire Agreement. This Agreement is the entire agreement between you and PC Torque with respect to its subject matter and none of PC Torque's employees or agents may orally vary the terms and conditions of this Agreement.

f. Additional Remedies. This Agreement affords you specific legal rights. You may have additional legal rights that vary from state to state, including those listed below. This Agreement is not a warranty. The Computer Device you purchase from us may also come with a limited warranty from PC Torque or third party manufacturers of Computer Devices we distribute. Please consult our limited warranty statements for your rights and remedies under those limited warranties.

g. Arbitration. You agree that, except as set forth in this paragraph, any and all claims or disputes arising out of or in connection with or in relation to this Agreement will be resolved by final and binding arbitration. However, this arbitration provision does not apply to any claim we may have against you for non-payment of monies owed for the purchase of this Agreement or the Computer Device or any security interest we have in the Computer Device covered by this Agreement. All arbitration proceedings will be held in the office of the American Arbitration Association closest to your permanent residence. Any arbitration that arises out of this Agreement will be held in accordance with the American Arbitration Association's Commercial Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. 1, et seq., shall govern all arbitration proceedings under this Agreement.