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FJRIGJWWE9R0oem_services:site_terms
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Terms & Conditions

 


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.

 

 


 


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.