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» TERMS
& CONDITIONS (continued)
Money Order or Cashier's Check - Please provide us with
a printed copy of your order such as the exact system specifications or
product description. The mailing address is: GMachines, Inc. 422-A E.
Cork St., Kalamazoo, MI 49001, or you can send in your system specification
list through email to sales@gmachines.com with information pertaining
to who you are and what your intentions are.
Wire Transfer - Please call us to obtain our bank
account number for wire transferring..
Delivery - Our normal processing time is 10 - 15 business days after receipt
of payment for systems. If any particular item is out of stock, we will
be responsible for informing the customer about the status and placing
the item on back order or arranging an alternate.
Price Protection Policy - Computer components' prices
change all the time. GMachines updates prices on a day-to-day basis. When
an order is placed, generally we obtain all of the components and start
assembly within one to two days. This freezes the price on those components
for that system. Therefore, GMachines does not offer price protection
in order to keep overhead to a minimum and continue to offer the best
overall initial prices.
» FULL
WARRANTY DISCLOSURE
System Warranty - Our standard warranty on all GMachines
systems is 1 year on parts and 3 years on labor, plus lifetime technical
support. Extended and Extra Extended warranties with 2 and 3 year parts
coverage are available for an extra payment as shown on the quote page.
Extended warranties provide the same coverage as detailed on this page
except for the noted extra time for parts coverage. Should the hardware
(excluding monitor and speakers) fail within the first thirty (30) days
after the invoice date, GMachines will do an advanced replacement via
UPS NextDay Delivery. The defective part must be returned to GMachines
within 10 days of receiving the new hardware via UPS, Federal Express
or US Priority Mail with the proper insurance coverage, or the customer
will be billed for the replacement of that part. GMachines will cover
all shipping costs involved. Complete base units will be handled via UPS
ground.
For defective parts found after the first 30 days and within the first
year of the invoice date, the customer is responsible for the shipping
and insurance of the part(s) sent to GMachines. The defective part will
be sent to the manufacturer for replacement, which takes about 2 days,
except on hard drives, which depends on the manufacturer's policy. GMachines
will ship the replacement part at its expense via UPS Second Day service.
If the customer still has not resolved the problem with the replacement
and requires the system to be sent back for diagnosis, the customer will
be responsible for the shipping charges to ship the system to GMachines.
After the system is repaired, GMachines will return the system via UPS
Ground at its expense.
GMachines does not warranty any software problem. If you install or download
software and catch a virus that damages the operating system or the system
becomes unstable, we will try to help you to uninstall the software. However,
GMachines will not be responsible for any shipping fee involved, if the
situation requires the system to be shipped back to us for repair.
Monitors, Speakers, and External Peripherals - If we send you a DOA (dead
on arrival) monitor, speaker, or external device such as Iomega Zip and
Jaz Drive, we will cover the shipping for UPS Ground to send it back to
us and send you a new one at our cost. However, if the hardware returned
to us functions properly, GMachines may charge the customer for the cost
of shipping the component. For any defective problems on monitors, speakers,
external Zip or Jazz drives after 30 days from the invoice date, the customer
has to contact the manufacturer directly for warranty replacement or repair.
Components Warranty - For any DOA (dead on arrival) parts, GMachines will
do an advanced replacement via UPS Ground Delivery. The defective part
must be returned to GMachines within 10 days of receiving the new hardware
via UPS, Fed Ex, or US Priority Mail with the proper insurance coverage,
or the customer may be billed for the replacement part. For all other
defects found after the first 30 days and within the first year of the
invoice date (second or third year for extended warranties), the customer
is responsible for the shipping and insurance of the part sent to GMachines
for replacement. The defective part will be sent to the manufacturer for
replacement, which takes about 2 days, except on motherboard and hard
drive, which depends on the manufacturer's policy. GMachines will ship
the replacement part at its expense via UPS Ground service.
Return Policy - If you bought new products directly
from GMachines, you may return them to GMachines up to 30 days from the
date of the invoice for a complete refund of the purchase price. The refund
or credit will not include any shipping and handling charges shown on
your invoice. To return products, you must call GMachines customer service
at 1-877-677-7383 to receive a Credit Return Authorization Number. You
must ship the products to GMachines in their original packaging, prepay
shipping charges, and insure the shipment or accept the risk of loss or
damage during shipment. You may return software for refund or credit only
if the sealed package containing the software is unopened. Returned products
must be in as-new or as-shipped condition, and all of the manuals, software,
power cables, and other items included with a product must be returned
with it.
Overclocking Policy - If the customer attempts to
overclock a CPU by his/herself, this will void the warranty on the CPU.
1. DEFECTIVE RETURNS
Purchaser may return to Seller for replacement or repair any Goods found
to be defective within thirty (30) days of shipment or any Configurations
for repair or replacement which are found to be defective within thirty
(30) days of shipment. Purchaser must obtain Seller's approval prior to
returning the Goods or Configurations. Seller reserves the right to require
Purchaser to return defective Goods directly to the Goods manufacturer
for replacement according to the manufacturer's defective Goods return
policy.
Purchaser shall promptly advise Seller of any defect in Configurations
delivered hereunder and without deduction or offset, upon obtaining prior
authorization of Seller, ship defective Configurations to Seller's designated
Warehouse. Seller may bear the expense of shipping the defective Configurations
to its warehouse and the expense or shipping the repaired or replaced
Configurations to Purchaser, unless such Configurations were not defective,
in which case Purchaser shall bear all reasonable expenses incurred in
inspecting, testing and shipping the Configurations. In all events Purchaser
shall bear the risk of loss or damage during transit.
Seller shall not be obligated to repair or replace Goods, Configurations,
or Manufactured Goods rendered defective, in whole or in part, by causes
external to the Goods, Configurations, or Manufactured Goods, such as,
but not limited to catastrophe, power failure or transients, overvoltage
on interface, environment extremes, improper use, maintenance and application
of the Goods, Configurations, or Manufactured Goods or use of unauthorized
parts.
2. PATENT AND TRADEMARK INDEMNITY
SELLER SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PURCHASER
FROM AND AGAINST ANY OR ALL DAMAGES AND COST INCURRED BY PURCHASER ARISING
FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR THE VIOLATION OF COPYRIGHTS
BY GOODS, CONFIGURATIONS, OR MANUFACTURED GOODS PROVIDED THE INTEGRATION
OF COMPONENTS WAS DONE TO THE PURCHASER'S SPECIFICATIONS. NOTWITHSTANDING
ANY OTHER TERMS OR CONDITIONS TO THE CONTRARY, SELLER'S LIABILITY UNDER
THIS SECTION SHALL NOT EXCEED THE PURCHASE PRICE OF THE INFRINGING HARDWARE
OR SOFTWARE, LESS REASONABLE DEPRECIATION COMPUTED ON A FIVE-YEAR STRAIGHT
LINE BASIS.
3. LIMITATION OF LIABILITY
SELLER SHALL NOT BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY LOSS
DAMAGE, AND/OR INJURY WHICH RESULTS FROM THE USE OR APPLICATION BY PURCHASER
OR ANY OTHER PARTY OF GOODS, CONFIGURATIONS, OR MANUFACTURED GOODS OR
SERVICES DELIVERED TO PURCHASER, UNLESS THE LOSS OR DAMAGE RESULTS DIRECTLY
FROM THE INTENTIONALLY TORTIOUS OR FRAUDULENT ACTS OR OMISSIONS OF SELLER.
IN NO EVENT SHALL SELLER BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR
LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS AND CONDITIONS OR ANY AGREEMENT INTO WHICH THEY ARE INCORPORATED,
OR ANY PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS
BY SELLER, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS IN EXCESS OF THE NET
PURCHASE PRICE OF GOODS, CONFIGURATIONS, MANUFACTURED GOODS AND/OR SERVICES
ACTUALLY DELIVERED TO AND PAID FOR BY PURCHASER HEREUNDER. IN NO EVENT
(INCLUDING EVENTS OF LOSS, DAMAGE, OR INJURY PROVIDED FOR IN THE PRECEDING
PARAGRAPH) SHALL SELLER BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO LOSS OF GOODWILL, LOSS OF ANTICIPATED PROFITS, OR OTHER ECONOMIC LOSS
ARISING OUT OF OR IN CONNECTION WITH SELLER'S BREACH OF, OR FAILURE TO
PERFORM IN ACCORDANCE WITH ANY OF THESE TERMS AND CONDITIONS, OR THE FURNISHING,
INSTALLATION, SERVICING, USE OR PERFORMANCE OF ANY GOODS, CONFIGURATIONS,
OR MANUFACTURED GOODS OR OTHER MATERIALS OR SERVICES SELLER SHALL PROVIDE
HEREUNDER, EVEN IF NOTIFICATION HAS BEEN GIVEN AS TO THE POSSIBILITY OF
SUCH DAMAGES. PURCHASER HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS FOR
SUCH DAMAGES. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR ANY GOODS,
CONFIGURATIONS, OR MANUFACTURED GOODS USED FOR AVIATION OR NUCLEAR PURPOSES.
4. RELATIONSHIP OF THE PARTIES
Purchaser will not have, and will not represent that it has, any power,
right or authority to bind Seller, or to assume or create any obligation
or responsibility, express, implied or by appearances, on behalf of Seller
or in Sellers name, except as herein expressly provided. Nothing stated
in these terms and conditions will be construed as constituting Purchaser
and Seller as partners or as creating the relationships of employer/employee,
franchisee, or principal/agent between the parties. Purchaser will make
no warranty, guarantee or representation, whether written or oral, on
Seller's behalf.
5. NOTICES
All notices, requests, demands and other communications called for or
contemplated hereunder shall be in writing and shall be deemed to have
been duly given when delivered or two (2) days after mailing by U.S. certified
or registered first-class mail, prepaid, and addressed to the parties
at their principal place of business or at such other addresses as the
parties may designate by written notice.
6. ASSIGNMENT
Purchaser shall not assign any order or any interest therein without the
prior written consent of Seller. Any such actual or attempted assignment
without Seller's written consent shall entitle Seller to cancel such order
upon written notice to Purchaser.
7. GENERAL
These terms and conditions may be amended from time to time, without notice
and at Seller's sole discretion. Please consult this page on this website
for the most current version of these terms and conditions.
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