PLEASE
READ THIS CAREFULLY!
The terms &
conditions of sale below apply to all your purchases from ZENIXS. They contain very important information about your legal rights
and obligations, including legal limitations and exclusions that apply
to you.
By
accepting delivery of any product delivered from ZENIXS, you
("Customer") agree to be bound by the terms and conditions listed below.
You and ZENIXS agree that the following terms and conditions
are the exclusive terms governing the sales transaction between Customer
and ZENIXS. Any attempt to alter, supplement, modify or amend
these terms and conditions by the Customer will be considered a material
alteration of this agreement and, therefore, are null and void. In
addition, these terms and conditions are subject to change at any time,
without prior written notice. Therefore, please check these terms and
conditions carefully each time you place an order with or accept
delivery of any goods from ZENIXS. Please read this information
carefully.
Ordering Information & Delivery
Most online orders placed before 3PM PST should ship the same day, as
long as there are no product shortages or credit issues. zenixs will make its best effort to process orders as soon as possible
and inform you of any possible delays, but orders can take more than 24
hours to process due to the large volume of orders or unforeseen delays.
If you have an urgent order in which you are expecting a specific
delivery time schedule please reply to your Order Confirmation Email or
call ZENIXS to discuss your order. Our policy, terms and
conditions are designed to service you as efficiently as possible. Your
use of this site and/or purchase indicates your acceptance of the terms
and conditions set forth here.
Your Account
As a
registered user of ZENIXS, you will be held responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or
password.
Payment Terms
We
gladly accept payment by Visa, MasterCard, American Express, Discover,
Debit Cards with VISA Logo. Please note that we will only accept credit
cards issued by a bank or other financial institution within the U.S.
with verifiable references. All transactions are subject to verification
for safety and security purposes.
Billing and Shipping Information.
*
All products are shipped to anywhere within the United States only.
To ensure that we meet your shipping needs, please pay special attention
when entering your billing, shipping, and telephone information.
Accurate billing and shipping information provided by you will ensure
prompt delivery of your online orders. For your security, we verify all
billing addresses with the issuing bank and confirm all shipping
addresses to protect each of our customers from the potential risk of
credit card abuse. We strive to fulfill your order on or before the
timeframe that you have requested. Accurate billing and shipping
information will help us do so.
Pricing, Specifications & Availability
Prices, specifications, and availability of products are subject to
change without notice. Due to the volatile nature of the computer
market, descriptions may not reflect current technical information. Any
typographical, photographic, or specification error in product, pricing,
or offers is subject to correction. Although Internet orders generate an
automatic confirmation and response e-mail, COMPUTER MASTERS may change
its pricing, product description, or specification after any order
confirmation or response e-mail but prior to shipment due to errors,
changing market conditions, product discontinuation or unavailability,
typographical errors, or any other reason. Monitor displays are
simulated. Monitors are not included with computer systems unless
specified. We reserve the right to limit sales, including the right to
prohibit sales to resellers. Published prices do not include shipping
and insurance. Proof of purchase and postage may be required for
rebates.
Product Descriptions
ZENIXS and its affiliates attempt to be as accurate as
possible. However, ZENIXS does not warrant that product
descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by ZENIXS itself is not as described, your sole remedy is to return it in
unused condition.
Export:
To comply with certain vendor agreements and government regulations,
ZENIXS reserves the right to refuse to export products from
the United States at any time. If you are purchasing products for
export, you are responsible for the necessary export documentation
before shipment is made to a foreign country. Manufacturer's warranties
for exported products may vary or be null and void.
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Terms and Conditions
1. Purchase & Sale
The party
specified after the heading "Bill To:" when purchasing online is a
("Buyer") hereby orders from ZENIXS("Seller"), the product(s)
listed on the online order invoice. Seller agrees to sell the product(s)
upon the terms and subject to the conditions contained in this document.
Buyer shall be deemed to have agreed to all terms and conditions
contained in this document if Buyer fails to object thereto in writing
before the earliest of the following times; (I) When Buyer pays for the
product(s); (II) When Buyer accepts the product(s); (III) The close of
business of the tenth day after Buyer receives this document.
2. Purchase Price
Buyer shall
pay the total purchase plus shipping and handling, if any, as specified
on the online invoice and any sales or other applicable taxes levied on
or measured by such purchase price, or arising from the use of the
product(s) and any parts or maintenance supplied, including, without
limitation, any additional sales, use, gross receipts, privilege,
excise, value added, or personal property taxes unless otherwise
specified in writing in this document.
3. Order Acceptance Policy
Your
receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. ZENIXS reserves the right
at any time after receipt of your order to accept or decline your order
for any reason. All orders must obtain pre-approval with an acceptable
method of payment, as established by our credit and fraud avoidance
department. We may require additional verifications or information
before accepting any order. Dispute charge is not acceptable. If there
is anything wrong with the merchandise, please contact customer service
for more information.
4. Title, Risk of Loss
All items
purchased from ZENIXS are made pursuant to a shipment
contract. Unless otherwise specified in writing in this document,
shipping terms are FOB shipping point. Title and risk of loss or damage
to the product(s) shall pass to Buyer upon delivery to the carrier at
shipping point. Any claims resulting from goods damaged in transit,
shortages received or tampering must be filed with the carrier by Buyer.
5. Inspection
Buyer shall
inspect the product(s) at delivery and shall notify Seller of any
defects or discrepancies in the product(s) as delivered within 48 hours
of delivery. Absent such notification, Buyer shall be deemed to have
accepted the product(s) as delivered.
Disclaimer of Warranty for ZENIXS Website
ZENIXS PROVIDES THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND
MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND. TO THE FULLEST EXTENT
POSSIBLE PURSUANT TO APPLICABLE LAW, ZENIXS DISCLAIMS ALL
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ZENIXS DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE,
VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR
OTHERWISE RESPECTING, THE CONTENT ON THIS SITE OR ANY SITE LINKED TO
THIS SITE. YOU AGREE THAT ZENIXS PARTIES SHALL NOT BE
LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, OR USE OF THIS
SITE.
6.
Product Warranty
Product
warranties, if any, are provided only by manufacturer of the Products.
Seller makes no warranties whatsoever. Seller's sole obligation in the
event of breach of any warranty or during the DOA period of thirty (30)
days after invoice date shall be the repair or replacement of defective
Products. There is no credit or refund policy in lieu of the above.
Any defective product which is returned to Seller must have freight
prepaid, according to the Return Material Authorization Procedure set
forth in Section 6 below. Seller reserves the right to replace defective
parts with equivalent parts, new or refurbished, as Seller deems
necessary. Buyer shall bear all responsibility for shipping charges and
risk of loss or damage during transit to Seller.
Defective CPU and memory products are to be returned for exchange within
7 days warranty period from the invoice date. All software sales are
final, no returns will be accepted.
Products which have been subjected to abuse, misuse, alteration, neglect
or unauthorized repair or installation, as determined solely by Seller,
are not covered by vendor warranty. Any alterations, additions,
improvements or attachments to the product(s) not authorized in writing
by the Seller shall be deemed to be a waiver of this warranty by Buyer
and shall render this warranty null and void. Seller shall return
repaired or replaced product(s) to Buyer, at its expense, via regular
ground service within the 48 contiguous United States. Repaired or
replacement products shall be returned to Buyer via Ground Service
within the 48 contiguous United States, freight prepaid by Seller.
Shipping charges by all other methods and to all other destinations
shall be borne by Buyer.
SELLER MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. IN
NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO
EVENT SHALL SELLER'S LIABILITY EXCEED THE PURCHASE PRICE OF THE
PRODUCT(S).
Warranty Information: ZENIXS Systems - All ZENIXS
Computers are covered by the following limited warranty:
Seller ZENIXS warrants product(s) to be in good working
condition and free from defects in materials and workmanship. One and
three year warranty programs are available for ZENIXS systems.
Seller's liability shall be limited to repairing or replacing, at
seller's option, any defective product which is returned, freight
prepaid to Seller or, at Seller's option, to Seller's Authorized Repair
Center, according to Seller's Merchandise Return Procedures. Buyer shall
bear all responsibility for shipping charges and risk of loss or damage
during transit to Seller. Products which have been subjected to abuse,
misuse, alteration, neglect or unauthorized repair or installation, as
determined solely by Seller, are not covered by this warranty. Any
alterations, additions, improvements or attachments to the product(s)
not authorized in writing by the Seller shall be deemed to be a waiver
of this warranty by Buyer and shall render this warranty null and void.
Seller shall return repaired or replaced product(s) to Buyer, at its
expense, via regular ground service within the 48 contiguous United
States. Shipping charges by all other methods and to all other
destinations shall be borne by Buyer. This warranty only covers items on
the original system invoice. This warranty does not cover customer
installed software and data. Customer shall be responsible for backing
up all software and data prior to shipping system to ZENIXS
for repair. ZENIXS assumes no liability for customer data or
data loss.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED.
SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. IN
NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO
EVENT SHALL SELLER'S LIABILITY EXCEED THE PURCHASE PRICE OF THE
PRODUCT(S).
Note: Components - The original manufacturer's warranty applies
for component parts which are not pre-installed in ZENIXS
systems.
7. Return Material Authorization Procedure.
A. To
obtain a "Return Material Authorization" (RMA) Number, Buyer must:
1. Fill out our Online RMA request form from
ZENIXS Customer Service Representative at 1-866-778-6835 or
fax 562-726-1291.
2. Provide the invoice number, date of purchase, serial number of items
to be returned, and reason for return. RMA numbers are valid for 14 days
from date of issuance.
B. Packing and Shipping
1. Attach a copy of the original invoice and
test report of each item to be returned along with the RMA form with RMA
number issued from ZENIXS.
2. Pack items in original shipping containers with all accessories,
including manuals, cables, diskettes, etc.
3. Mark RMA number clearly on the outside of each container.
4. Ship to Seller’s designated service depot, freight prepaid and
insured.
C. Replacement or repair will be made when the merchandise is received
by Seller. No advance replacement is available.
D. Buyer shall pay the following miscellaneous charges:
1. Items returned which were not originally
purchased from Seller: $30 plus return freight.
2. Items returned within warranty period, no defect found: Systems $75
plus return freight Components: $30 plus return freight
3. Out of Warranty Repair (performed solely at Seller's election): $75
per hour labor plus parts and return freight.
8. Cancellation, Unauthorized Returns, & Refuse Shipments
If Buyer purports to cancel its order, wrongfully refuse to accept the
product(s), or return product(s) without legal excuse, Buyer shall pay
to Seller, as liquidated damages and in lieu of the enforcement of this
contract, a sum equal to 25% of the sales price, plus any shipping and
handling charges incurred. Notwithstanding the foregoing, if Buyer
attempts to return the product(s) without legal excuse, Seller may, at
its discretion, refuse to accept the returns and pursue its remedies
hereunder and under applicable law, which shall include, for example,
the right to file a legal action against Buyer for the full purchase
price and incidental damages suffered by the Seller.
9. Returned Checks
Buyer shall pay a fee of $50.00 US for any checks returned unpaid to
Seller for any reason.
10.
Payment
Payment shall be made promptly according to the terms shown on the
online invoice. All amounts not paid within these terms shall be subject
to a late charge of .06% per day. As security for payment of any sum due
or to become due under any agreement between Buyer and Seller, Seller
shall have the right to retain possession of, and shall have a security
interest in, all Buyer's property in its possession and shall have a
purchase money security interest and right of possession in goods
already shipped. In the event of a default in payment by Buyer, Seller
may take possession of the product(s) on Buyer's premises or elsewhere,
and all rights of action for trespass or other causes are waived. Buyer
shall cooperate in whatever manner necessary to perfect said security
interests and hereby grants Seller power of attorney to sign any
documents necessary for such purpose in the event of Buyer's refusal or
failure to do so. The extension of credit or the acceptance of notes or
guarantees of payment shall not affect such security interests and
liens.
In the event any collection effort is initiated or any legal action is
brought to interpret or to enforce any of the terms or conditions of
sale between Buyer and Seller, the prevailing party shall be entitled to
recover from the non-prevailing party all reasonable costs and expenses
incurred, including attorney's fees, whether such action is prosecuted
to judgment or not.
11. Miscellaneous
ZENIXS may revise these terms and conditions at any time by
updating the ZENIXS website. By using this site, you agree to
be bound by the terms hereof and by any such revisions. This document
sets forth the entire and final understanding of Buyer and Seller
pertaining to the subject matter hereof and supersedes all prior
agreements, whether oral or written, and shall not be amended except by
a written agreement signed by both parties. Seller's agents have no
authority to make representations, warranties or promises that are not
contained in this document. The failure of either party to enforce at
any time or for any period of time the terms of this document shall not
be construed as a waiver of such terms or the rights of such party
there- after to enforce each term contained herein.
If any term contained in this document is held invalid by a court of
competent jurisdiction, such holding shall not affect the validity of
any other term. This document and all questions of interpretation,
performance, enforcement and the rights and remedies of the parties
hereunder shall be determined in accordance with the laws of the State
of California, USA. Any legal action or proceeding arising from or
related to this document or the transaction described herein shall be
brought and maintained in state court in Alameda County, California or
in the Federal District Court for the Northern District of California,
and the parties consent to the jurisdiction of these courts. No action,
regardless of form, arising out of or related to the transaction
described in this document may be brought by either party more than one
year after the cause of action arises, or in the case of non-payment,
more than two years after the date of this document.
Copyright Notice
All content on this site is the property of and copyrighted by ZENIXS or its content suppliers and protected by U.S. and international
copyright laws. All software used on this site is the property ZENIXS or its software suppliers and protected by U.S. and
international copyright laws. Users of this site may use the content and
software on this site as a shopping resource. Any other use, including
the reproduction, modification, distribution, transmission,
republication, display, or performance of the content on this site is
strictly prohibited.
The foregoing Terms and Conditions of Sales are current as of 11/15/2006
and are subject to change by ZENIXS at any time without
notice. |