Software.
All software is provided subject to the license agreement that is part of the software package and you agree that you will be bound by such license agreement. You must contact us directly before you attempt to return Product. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by UDL, UDL is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At UDL's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. Changed or Discontinued Product. UDL's policy is one of ongoing update and revision. UDL may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." UDL will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.
Shipping Charges; Taxes; Title; Risk of Loss.
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from UDL to Customer on shipment from UDL's facility. Loss or damage that occurs during shipping by a carrier selected by UDL is UDL's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify UDL within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide UDL with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. Title to software will remain with the applicable licensor(s).
Pricing
Online prices and selection generally match our retail stores, but may vary. Prices and offers are subject to change. © 2003-2006 UDL. All rights reserved. Universal Diagnostics Labs, Laptops400.com and the tag design are trademarks of UDL. For personal, noncommercial use only.
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
These terms and conditions ("Agreement") apply to your purchase of computer systems and/or related products and/or services and support sold in the United States ("Product") by the UDL entity named on the invoice or acknowledgement ("UDL") provided to you. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify UDL immediately and return your purchase pursuant to UDL's Return Policy. If returned, Product(s) must remain in the boxes in which they were shipped. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH UDL, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II)OTHER UDL TERMS AND CONDITIONS APPLY TO THE TRANSACTION. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and UDL. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained by contacting your sales representative.
Payment Terms; Orders; Quotes; Interest.
Terms of payment are within UDL's sole discretion, and unless otherwise agreed to by UDL, payment must be received by UDL prior to UDL's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by UDL. UDL may invoice parts of an order separately. Your order is subject to cancellation by UDL, at UDL's sole discretion. Unless you and UDL have agreed to a different discount, UDL's standard pricing policy for UDL-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. UDL is not responsible for pricing, typographical, or other errors, in any offer by UDL and reserves the right to cancel any orders resulting from such errors.
Warranties.
THE LIMITED WARRANTIES APPLICABLE TO UDL-BRANDED HARDWARE PRODUCT IS AS FOLLOW's: Warranty void if units are dropped or otherwise damaged in any way. Warranty covers first year hard and software, second year software only. Warranty dose not cover viruses, Trojans, worms or any other accidental or deliberate download exchanges. UDL is not responsible for non-virus protected systems. Warranty does not cover batteries. On hard drives we make sure the drives are formatted, with no bad sectors, any other defects and failures detected by utilities other than DOS-Format and Fdisk is not supported by this warranty. Customer to ship any returns at their own expense if out of state. Returned units will be examined and inspected by UDL and if verified to be under warranty UDL will ship replacement parts and or issue credit. NO CASH REFUND unless specified by seller. No returns or exchanges after sale unless specified by seller. A restocking fee of $100 will be applied to returned products not defective or covered under these terms. No blaming units for user illiteracy, you must learn your unit.. UDL MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-UDL BRANDED PRODUCT. SUCH PRODUCT IS PROVIDED BY UDL "AS IS". WARRANTY AND SERVICE FOR NON-UDL BRANDED PRODUCT, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY UDL. UDL MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN UDL'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. WARRANTIES AND SERVICE WILL BE EFFECTIVE, AND UDL WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES AND SERVICES, ONLY UPON UDL'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED OR SERVICED.
Limitation of Liability.
UDL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, UDL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, UDL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to this agreement, its interpretation, or the breach,termination or validity thereof, the relationships which result from this agreement, Dell's advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Binding Arbitration.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND UDL, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "UDL") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), UDLs advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between customer and UDL. NEITHER CUSTOMER NOR UDL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
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