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The
following terms and conditions govern the sale of products by OYACOMPUTERS.COM. By submitting your on-line order to OYACOMPUTERS.COM, you have
indicated your acceptance to be bound by these terms and conditions of sale.
At OYACOMPUTERS.COM's sole discretion, these terms and conditions may be changed without
prior notice at any time before OYACOMPUTERS.COM accepts your order.
Payment is due by credit card, PayPal, Certified Cheque, Money Order or Bank
Draft. Once an order is placed by credit card, the credit card account will
be verified at the time the order is placed. Should a credit card is declined,
so will be the order. No C.O.D. orders are accepted. Orders are processed
ONLY upon receipt of payment.
When products are shipped to you, their limited warranties applicable to products
are in effect and are included with the shipment. Certain products may have
additional warranties provided by the original manufacturer but not by OYACOMPUTERS.COM.
On our web site, "as is" products may not have warranties from OYACOMPUTERS.COM
(other than those warranties implied by and incapable of exclusion, restriction
or modification under applicable law), but may still hold warranties from the
manufacturer.
The buyer is responsible for any taxes or tariffs associated with your purchase.
Prices shown on the OYACOMPUTERS.COM's site do not include shipping and handling. Neither
do not the prices include taxes unless otherwise noted. All prices are in Canadian
dollars. The price charged for an order will be the price in effect at the time
the order is made. Nonetheless, if the price drops before shipment and you notify
OYACOMPUTERS.COM of the lower price before the product is shipped, in which case (and
in that case only) the price charged will be the lower price.
When products are shipped to you by common carrier, OYACOMPUTERS.COM's liability to
you for breakage and/or non-delivery of the products by the common carrier to
you will be limited by the limits of liability provided by the common carrier's
terms and conditions of carriage. You may wish to purchase insurance from loss
or breakage during carriage for full insurable value of the products you have
ordered by making the appropriate requests when placing your order with OYACOMPUTERS.COM.
OYACOMPUTERS.COM warrants product(s) to be in good working condition and free from defects
in material and workmanship for a period of one (1) year for OEM products, or
thirty (30) days for RETAIL packaged products from the original Invoice date
unless otherwise restricted below or by the manufacturer's own warranty policy.
ALL OEM CPU products are warranted within seven (7) days from the original invoice
date.
OYACOMPUTERS.COM's liability shall as limited to repairing or replacing, at its option,
any defective product which is returned, freight prepaid to OYACOMPUTERS.COM, according
to the Merchandise Return Procedure set forth in Section Merchandise Return
Procedure below. Buyer shall bear all responsibility for shipping charges and
risk of loss or damage during transit to OYACOMPUTERS.COM. Products which have been
subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation,
as determined solely by OYACOMPUTERS.COM, are not covered by this warranty.
Any alterations, addition, improvements or attachments to the product(s) not
authorized in writing by the OYACOMPUTERS.COM shall be deemed to be a waiver of this
warranty by Buyer and shall render this warranty null and void. OYACOMPUTERS.COM shall
return repaired or replaced product(s) to Buyer, at its expense via regular
ground service within Canada. Shipping charges by all other methods and to all
other destinations shall be borne by Buyer.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. OYACOMPUTERS.COM
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE OR OG MERCHANTABILITY. IN NO EVENT SHALL OYACOMPUTERS.COM BE
LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS
OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL OYACOMPUTERS.COM'S LIABILITY EXCEED
THE PURCHASE PRICE OF THE PRODUCT(S).
The maximum liability to you for products purchased from OYACOMPUTERS.COM shall be limited
to the purchase price you have paid for the products. Also, OYACOMPUTERS.COM will not
be liable for any property damage, personal injury, loss of use, interruption
of business, loss of profits, or other consequential, indirect, incidental,
punitive or special damages. This applies to all situations however caused,
whether for breach of warranty, contract, tort (including negligence), strict
liability or otherwise, other than those damages that are incapable of limitation,
exclusion or restriction under applicable law.
THIS
RETURN POLICY IS NOT A WARRANTY. OYACOMPUTERS.COM reserves the right to change or to
cancel it at any time before accepting your order. For all refunds, you need
to precisely follow the previous return procedures to ensure the return of your
refund. You need to also allow a reasonable period of time for the product to
arrive at our warehouse and pass an inspection process. When your return is
accepted, we will process your credit as soon as possible.
Title to hardware products and to the media in which software products are embodied
passes to you upon shipment by OYACOMPUTERS.COM. Title to software remains with the
licensor of the software.
These
terms and conditions shall be interpreted under and governed by the federal
laws of Canada, without giving effect to conflicts of law rules. Headings used
in these Terms and Conditions are for convenience of reference only and are
not intended to be part of, or to affect the meaning or interpretation of, these
Terms and Conditions.
Any
additional or altered terms attached or adhering to an order shall be null and
void and without effect, unless agreed to in writing by OYACOMPUTERS.COM. These terms
and conditions may not be modified, altered or amended without the written agreement
of OYACOMPUTERS.COM.
If
any provision of these terms and conditions is held to be illegal, invalid or
un-enforceable, in whole or in part, the legality, validity and enforceability
of the remaining provisions shall not be affected or impaired. The terms and
conditions stated herein are declared to be Severable.
You
may not assign this agreement without OYACOMPUTERS.COM's prior written consent. OYACOMPUTERS.COM
is the intended beneficiaries of this agreement. If there is any inconsistency
between this agreement and other agreement included with or relating to products
purchased from OYACOMPUTERS.COM, this agreement shall take precedence.
Links to the Web Site without the express permission
of OYACOMPUTERS.COM are strictly prohibited. OYACOMPUTERS.COM reserves the right to cancel and
revoke any permission it may give to link to the Web Site at any time, for any
reason, without any notice, and without any liability to you or any other person.
The framing of the Web Site or any of its content in any form and by any method
is strictly prohibited.
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