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. |