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!
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
1. Definition of Terms
As used
in this warranty policy, "Product" means any hardware
manufactured for or by Sager bearing the "Sager"
trademark, trade name, or logo that is purchased directly
from Sager or a Sager Authorized Reseller.
An "Original
Purchaser" is any consumer that purchases and has possession
of a Product directly from Sager or from a Sager Authorized
Reseller.
An "Authorized
Reseller" is any retail store that has an agreement to
purchase Products direct from Sager on an ongoing basis for
resale.
An "End
User" is the ultimate consumer of the Product and constitutes
anyone who owns and uses a Sager Product.
"Date
of Original Retail Purchase" is the date the Original
Purchaser bought the Product from Sager or a Sager Authorized
Reseller.
2.
Scope of Warranty
SAGER
WARRANTS this Sager hardware Product against defects in
merchandise and workmanship for a period of ONE (1) YEAR from
the Date of Original Retail Purchase.
a.
Products Covered
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 products that
are not Sager Products. This warranty does not apply if
the Product has been damaged by accident, abuse, misuse,
or misapplication; if the Product has been modified without
the written permission of Sager; or if any Sager serial
number has been removed or defaced.
b.
Service Procedures
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 limited warranty
period, with freight charges prepaid to the appropriate
Sager repair department, and provided you obtain a Return
Merchandise 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. For each Product
returned for warranty service, please attach your name,
address, telephone number, RMA number, and a copy of your
bill of sale bearing the appropriate Sager serial numbers
as proof of Date of Original Retail Purchase.
It is
your responsibility to complete a backup of all existing
data and programs on Sager Products prior to returning the
Product to Sager for repair under this warranty. SAGER WILL
HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS.
Sager
will pay for UPS three-day shipping (or ground shipping
for addresses near Los Angeles, CA) both ways for returned
products. THIS APPLIES TO END USERS IN THE CONTINENTAL UNITED
STATES OF AMERICA ONLY (EXCLUDING PUERTO RICO, ALASKA, HAWAII,
AND U.S. POSSESSIONS AND TERRITORIES). OTHERWISE, YOU ARE
RESPONSIBLE FOR SHIPPING THE PRODUCT TO OUR REPAIR FACILITY
AND WE WILL SHIP THE PRODUCT BACK TO YOU FREIGHT COLLECT.
SAGER IS ONLY ABLE TO PROVIDE RETURN SHIPPING TO THE END
USER FOR THOSE END USERS WITH AN FPO/APO ADDRESS.
SAGER
RESERVES THE RIGHT TO REQUIRE REIMBURSEMENT FOR SHIPPING
COSTS IF IT IS APPARENT THE PROBLEM IS NOT COVERED BY THIS
LIMITED PARTS AND LABOR WARRANTY.
c.
Lifetime Free Technical Support
SAGER
WILL PROVIDE telephone or email technical assistance
to the ORIGINAL PURCHASER of a Sager Product for as long
as the Original Purchaser continues to possess the Product.
All "Third-Party" software and peripherals are
not covered by this Lifetime Free Technical Support. They
are supported by their original manufacturers.
3.
Sager's Limited Warranty Obligations are Limited to the
Terms Set Forth Below:
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 OF 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.
4.
Governing Law
This limited
warranty policy shall be governed by and construed in accordance
with the laws of the State of California. Any litigation under
this agreement shall be resolved in the trial courts of Los
Angeles County, State of California, which shall have exclusive
jurisdiction on this matter.
Note:
These terms effective 12/01/2006. For the warranty terms for
products purchased prior to that date click
here.
As used
in this warranty policy, "Product" means any hardware
manufactured for or by Sager bearing the "Sager"
trademark, trade name, or logo that is purchased directly
from Sager or a Sager Authorized Reseller.
An "Original
Purchaser" is any consumer that purchases and has possession
of a Product directly from Sager or from a Sager Authorized
Reseller.
An "Authorized
Reseller" is any retail store that has an agreement to
purchase Products direct from Sager on an ongoing basis for
resale.
An "End
User" is the ultimate consumer of the Product and constitutes
anyone who owns and uses a Sager Product.
"Date
of Original Retail Purchase" is the date the Original
Purchaser bought the Product from Sager.
2.
Scope of Warranty
SAGER
WARRANTS this Sager hardware Product against defects in
merchandise and workmanship for a period of THREE (3) YEARS
from the Date of Original Retail Purchase.
a.
Products Covered
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 products that
are not Sager Products. This warranty does not apply if
the product has been damaged by accident, abuse, misuse,
or misapplication; if the Product has been modified without
the written permission of Sager; or if any Sager serial
number has been removed or defaced.
b.
Service Procedures
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 limited warranty
period, provided you obtain a Return Merchandise 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.
For each Product returned for warranty service, please attach
your name, address, telephone number, RMA number, and a
copy of your bill of sale bearing the appropriate Sager
serial numbers as proof of Date of Original Retail Purchase.
Sager
will pay for UPS three-day shipping both ways for returned
products. THIS APPLIES TO END USERS IN THE CONTINENTAL UNITED
STATES OF AMERICA ONLY (EXCLUDING PUERTO RICO, ALASKA, HAWAII,
AND U.S. POSSESSIONS AND TERRITORIES). OTHERWISE, YOU ARE
RESPONSIBLE FOR SHIPPING THE PRODUCT TO OUR REPAIR FACILITY
AND WE WILL SHIP THE PRODUCT BACK TO YOU FREIGHT COLLECT.
SAGER
RESERVES THE RIGHT TO REQUIRE REIMBURSEMENT FOR SHIPPING
COSTS IF IT IS APPARENT THE PROBLEM IS NOT COVERED BY THIS
LIMITED PARTS AND LABOR WARRANTY.
c.
Lifetime Free Technical Support
SAGER
WILL PROVIDE telephone or email technical assistance
to the ORIGINAL PURCHASER of a Sager Product for as long
as the Original Purchaser continues to possess the Product.
All "Third-Party" software and peripherals are
not covered by this Lifetime Free Technical Support. They
are supported by their original manufacturers.
3.
Sager's Limited Warranty Obligations are Limited to the
Terms Set Forth Below:
BATTERIES,
AC ADAPTERS AND EXTERNAL ACCESSORIES (SUCH AS EXTERNAL DISK
DRIVES, CAR ADAPTERS ETC.) SHALL BE CLASSIFIED AS CONSUMABLE
PARTS. THE WARRANTY PERIOD FOR BATTERIES AND AC ADAPTERS IS
LIMITED TO ONE (1) YEAR FROM THE DATE OF ORIGINAL RETAIL PURCHASE.
IN
THE EVENT SAGER ELECTS TO REFUND THE VALUE OF THE PRODUCT
OR REPLACE THE PRODUCT, THE TERM OF THIS WARRANTY SHALL EXPIRE
AS OF THE TIME OF THAT REFUND OR REPLACEMENT.
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 OF 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.
4.
Validation
Please
visit Sager's warranty page (http://www.Sagernotebook.com/warranty)
to find out the date this warranty expires. You will be prompted
to enter the serial number located on the bottom of the Product.
IF YOU
DISCOVER ANY DISCREPANCY REGARDING THIS WARRANTY AND YOU PURCHASED
THE PRODUCT DIRECTLY FROM SAGER, YOU MUST IMMEDIATELY NOTIFY
SAGER OF THE DISCREPANCY.
IF YOU
DISCOVER ANY DISCREPANCY REGARDING THIS WARRANTY AND YOU PURCHASED
THE PRODUCT FROM AN AUTHORIZED RESELLER, YOU MUST IMMEDIATELY
NOTIFY THAT AUTHORIZED RESELLER OF THE DISCREPANCY.
5.
Availability and Transferability
THIS WARRANTY
MUST BE PURCHASED BY THE ORIGINAL PURCHASER WITHIN NINTY (90)
DAYS OF THE PURCHASE DATE OF THE PRODUCT AND MAY NOT BE PURCHASED
THEREAFTER.
THIS WARRANTY
COVERS THE PRODUCT AND TRANSFERS WITH THE PRODUCT. A REGISTRATION FEE IS REQUIRED IF THE PRODUCT HAS CHANGED
OWNERSHIP.
6.
Cancellation
THIS LIMITED
WARRANTY MAY ONLY BE CANCELLED BY THE ORIGINAL PURCHASER WITHIN
THIRTY (30) DAYS OF THE PURCHASE OF THIS WARRANTY PROVIDED
THAT NO CLAIMS HAVE BEEN MADE UNDER THIS WARRANTY
AND THE WARRANTY WAS PURCHASED DIRECTLY FROM SAGER. A FULL
REFUND OF THIS WARRANTY'S PURCHASE PRICE WILL BE GIVEN TO
THE ORIGINAL PURCHASER. AFTER THIRTY (30) DAYS FROM THE PURCHASE
DATE OR IF A CLAIM HAS BEEN MADE UNDER THE WARRANTY, THE WARRANTY
MAY NOT BE CANCELLED.
IF THE
ORIGINAL PURCHASER PURCHASED THIS LIMITED WARRANTY FROM A
SAGER AUTHORIZED RESELLER, SAGER WILL NOT REFUND THIS WARRANTY'S
PURCHASE PRICE. ANY REFUND SHALL BE MADE BY THE AUTHORIZED
RESELLER. THE ORIGINAL PURCHASER MUST CONTACT THE AUTHORIZED
RESELLER WHERE HE/SHE PURCHASED THE PRODUCT ABOUT ITS CANCELLATION
AND REFUND POLICIES.
7.
Governing Law
This warranty
policy shall be governed by and construed in accordance with
the laws of the State of California. Any litigation under
this agreement shall be resolved in the trial courts of Los
Angeles County, State of California, which shall have exclusive
jurisdiction on this matter.
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-, and 3 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. (only a supplement not a replacement for factory warranty)
* 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.
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 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
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. 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 1-800-346-6986. 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 NOT transfer this Agreement to subsequent owners of the Computer Device. We will provide ADP Service for the term of this Agreement only to 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. This Agreement is not a warranty, but only a supplement to a manufacturers warranty. The Computer Device you purchase from us may also come with a limited warranty from PC Torque, Sager or ASI 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.