following are terms of a legal agreement between you and CompuBiz USA. ("CompuBiz
USA") using, browsing and/or using this site ("Site"), you acknowledge that you
have read, understood, and agree, to be bound by these terms and to comply with
all applicable laws and regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to these terms, do not use this Site.
The material provided on this Site is protected by law, including, but not limited
to, United States Copyright Law and international treaties. This Site is controlled
and operated by CompuBiz USA from its offices within the United States. CompuBiz
USA makes no representation that materials in the Site are appropriate or available
for use in other locations. Access to materials on this Site from territories
where their contents are illegal is prohibited. Those who choose to access this
Site from other locations may do so on their own initiative and are responsible
for compliance with applicable local laws.
Any claim relating to and
arising out of, the use of, this Site and the materials contained herein is governed
by the laws of the state of California.
copyright in all material provided on this Site is held by CompuBiz USA or by
the original creator of the material. Except as stated herein, none of the material
may be copied, reproduced, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior written permission
of CompuBiz USA or the copyright owner. Permission is granted to display, copy,
distribute and download the materials on this Site for personal, non-commercial
use only, provided you do not modify the materials and that you retain all copyright
and other proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded and printed materials. You also may
not, without CompuBiz USA's permission, "mirror" any material contained on this
Site on any other server. Any unauthorized use of any material contained on this
Site may violate copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
Government Restricted Rights
materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication,
or disclosure by the Government is subject to restrictions as set forth in applicable
laws and regulations. Use of the materials by the Government constitutes acknowledgment
of CompuBiz USA's proprietary rights in them. Limitation
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPUBIZ USA
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE,
OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF COMPUBIZ USA OR AN
COMPUBIZ USA'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU HEREBY ASSUME ANY COSTS
THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THUS THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. Our Transmissions
material, information or idea you transmit to or post on this Site by any means
will be treated as non-confidential and non-proprietary, and may be disseminated
or used by CompuBiz USA or its affiliates for any purpose whatsoever, including,
but not limited to, developing, manufacturing and marketing products. Notwithstanding
the foregoing, all personal data provided to CompuBiz USA through online access
will be handled in accordance with CompuBiz USA's Online Privacy Practices. You
are prohibited from posting or transmitting to or from this Site any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material, or any other material that could give rise to any civil or
criminal liability under the law. Term
of Use Revisions
this Site, you agree to be bound by any such revisions and should therefore periodically
READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR
RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO
agreement contains the terms and conditions that apply to your purchase from CompuBiz
USA Enterprises, (“CompuBiz USA”) that will be provided to you ("Customer") on
orders for computer systems, related products and/or services sold in the United
States. By accepting delivery of the computer systems, related products and/or
services described on that invoice, Customer agrees to be bound by and accepts
these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER
HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH COMPUBIZ USA, IN SUCH CASE, THE
SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS COMPUBIZ USA'S STANDARD TERMS
APPLY TO THE TRANSACTION. This agreement, the policies printed in the applicable
CompuBiz USA advertisement, and the policies, terms and conditions stated on the
applicable CompuBiz USA invoice and/or packing slip constitute the entire agreement
between the parties relating to the subject matter herein and cannot be modified
except by a written agreement signed by both parties. These terms and conditions
are subject to change without prior notice at any time, at CompuBizUSA's
terms and conditions may NOT be altered, supplemented, or amended by the use of
any other document(s), except as otherwise noted. Any attempt to alter, supplement
or amend the document or to enter an order for product(s) or services that are
subject to additional or altered terms and conditions will be null and void, unless
otherwise agreed to in advance by a written agreement signed by both Customer
and CompuBiz USA.
orders placed online via ground shipping method will be processed within 24 -
48 hours. Orders placed online before 12noon PST via the express shipping
method are usually processed and shipped within the same day, but not guaranteed.
All orders placed online after 12 noon via the express shipping method
will be processed the next business day. Orders placed after business hours would
be processed the next business day. Customers will be informed via phone or email
if there are any issues encountered with their online order. Compubizusa reserves
the right to verify information given by the customer with their respective credit
company for the customer's protection and security. Moreover, CompubizUSA only
accepts Visa, Mastercard and American Express. For American Express, CompubizUSA
accepts US and Canada issued Amex cards. For Visa and Mastercard, CompubizUSA
only accepts US issued credit and debit cards. Non-USA PAYPAL account holders
should also call before their orders. Shipping of large orders that have free
shipping through trucking companies will only be shipped to commercial shipping
addresses and those with docks or lift gates. Residential addresses and those
that need a lift gate or inside delivery services will be charged extra.
between Customer and CompuBiz USA shall be governed by and construed in accordance
with the laws of the State of California, without regard to the laws regarding
conflicts of law. If any provision of this agreement shall be unlawful, void,
or for any reason unenforceable, then ONLY that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability of any
remaining provisions. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL
OR STATE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR PURPOSES OF ANY
SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS SALE AGREEMENT.
Terms, Order, Quotes, Interest
of payment are within CompuBiz USA's sole discretion, and unless otherwise agreed
to by CompuBiz USA, payment must be made and received by CompuBiz USA prior to
CompuBiz USA's acceptance of an order. Payment for the products and services will
be made by credit card, C.O.D., wire transfer, or other prearranged payment method
unless credit terms have been agreed by CompuBiz USA. Invoices are due and payable
within the time period noted on CompuBiz USA's invoice, measured from the date
of the invoice. CompuBiz USA may invoice parts of an order separately. No Order
is binding upon CompuBiz USA until accepted by CompuBiz USA. Any quotation given
by CompuBiz USA will be valid for the period state on the quotation, otherwise
all quotations are expired 24 hours from their submission. Customer agrees to
pay interest on all past-due sums at the highest rate allowed by law.
and Shipping Addresses
reserves the right to verify customer information with the credit card company.
CompuBiz USA will only ship an order to the verified billing address stated in
the customer's credit card company file. To have the order shipped to an address
other than the billing, the Customer has to contact the credit card company and
have the alternate shipping address listed. This policy protects the consumer
against credit card fraud. Customers must pay notice that it is the customer's
responsibility to follow CompuBiz USA's credit card policy regarding shipping
addresses. By not following these procedures orders processing and shipment of
orders may be delayed.
shipments will also be required a signature upon delivery. If there are any problems
regarding the direct signature requirement, the customer has to contact the shipping
department of CompubizUSA for special delivery instructions.
Charges and Taxes
charges for shipping and handling will be shown on CompuBiz USA's invoice(s).
Unless customer provides CompuBiz USA with a valid and correct applicable tax
exemption certificate applicable to the product ship-to location prior to CompuBiz
USA's acceptance of the order, the Customer is responsible for sales and all other
taxes associated with the order. If applicable, a separate charge will be shown
on CompuBiz USA's invoice.
of loss In the event of Late or Delayed Shipments title to items being purchased
is retained by CompuBiz USA up and until said items are paid for by the purchaser,
and at such time title passes to purchaser. Customer takes on full liability for
safety and validity of delivery address given to us at the time of purchase. CompuBiz
USA will not incur any forwarding costs on shipments. Loss or damage that occurs
during shipping by a carrier selected by Customer is Customer's responsibility.
Title to software shall remain with the applicable licensor(s).
Disclaimer and Limitation of Liability
USA explicitly disclaims all expressed or implied warranties, including any implied
warranty of merchantability or fitness for a particular purpose.
USA SHALL HAVE NO LIABILITY TO ANYONE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
OR ANY OTHER LIABILITY, INCLUDING LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL,
INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. COMPUBIZ
USA WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR
FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY
RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, COMPUBIZ USA IS NOT LIABLE OR
RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY
CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
merchandise is sold AS IS. Unless otherwise noted on the invoice, CompuBiz USA
makes no warranty as to the performance of any merchandise sold. CompuBiz USA
is not responsible for system downtime, lost data, etc. CompuBiz USA does not
warrant that the functions contained in any product sold will be uninterrupted
or error-free, or that defects will be corrected, or that it's Web site or the
server that makes it available are free of viruses or other harmful components.
CompuBiz USA does not warrant or make any representations regarding the use or
the results of the use of any product purchased in terms of its compatibility,
correctness, accuracy, reliability or otherwise. This disclaimer by CompuBiz USA
in no way affects the terms of a manufacturer's warranty, if any.
Pricing, Availability, and Offers
to the fast-moving nature of the computing industry, prices, promotions and product
availability are subject to change without prior notice. CompuBiz USA reserves
the right to make changes without notice due to market conditions, manufacturer
or supplier product discontinuation, or typographical, photographic or technical
errors in online or print advertising. Product and packaging depicted may differ
from stock available at time of shipment. CompuBiz USA reserves the right to substitute
equivalent items. If Customer has ordered a product that is subject to a price
increase, CompuBiz USA shall hold Customer's order and inform Customer of the
Policies and Procedures
merchandise should be returned for repair to the manufacturer or any authorized
service center in Customer's area. Additional manufacturers may be added to this
list as manufacturer policies change.
custom orders, volume licensing program software, products designated as special
order are final and cannot be returned even unopened.
your product is not made by one of the manufacturers mentioned above, or does
not fall on the category of software, special or custom order, the following policy
USA cannot accept returns of products once they have been opened. Before opening
each product, Customer shall check the packaging and label(s) carefully to be
sure that Customer received the correct product and version. If the supplier's
original packaging and seal is still intact, Customer may return the product to
us within 7 days from the date of purchase for an exchange, merchandise credit
or refund (excluding shipping and handling charges), subject to a 20% restocking
fee. Return shipping to CompuBiz USA is at Customer's own expense. Furthermore,
apart from the 20% restocking fee, please also note that your refund will also
EXCLUDE initial shipping charges (for items which we offer free shipping, our
standard shipping charges will be deducted from any refund or credit).
returns of any type will be accepted without a Return Merchandise Authorization
"RMA" number obtained from CompuBiz USA. All permissible returns under
this Agreement for credit are subject to a 20% restocking fee and refund does
not include initial shipping charges (for items which we offer free shipping,
our standard shipping charges will be deducted from any refund or credit). All
products for return must be received in CompuBiz USA's warehouse within 7 days
from the issuance date of the RMA number. RMAs expire in 7 days after they are
issued and cannot be extended or re-issued.
USA will ONLY issue an RMA number if it has not yet been more than 7 days from
the date the item is received by Customer. For RMA requests where more than 7
days from the date of receipt has elapsed, CompuBiz USA will not issue an RMA
and will refer Customer to the manufacturer for warranty service.
Returns must be 100% complete, in original and resalable condition, with all original
boxes and packing materials, have original UPC codes on the manufacturer boxes,
contain all manuals, registration card(s), software, blank warranty cards, cabling
and other accessories and documentation. CompuBiz USA reserves the right to refuse
a return on any product that does not meet these requirements.
items will ONLY be shipped after the item(s) at issue are received and inspected
by CompuBiz USA's Return Merchandise Department.
shall obtain an RMA number before shipping back the product by any of the available
methods described below.
Call 800-873-2127 2) Send an email to: firstname.lastname@example.org 3)
Fill out the RMA form available online by (logging on to your account and clicking
on "my account") on the CompuBizUSA.com website for an RMA number. Customer
shall have the following information on hand when asking for an RMA number: customer
name, invoice/order number, Item number and serial number (if applicable), and
nature of the problem.
RMA number(s) must appear clearly on the shipping label on the outside of the
return shipment. Customer shall not mark the box itself in any other way.
USA is not responsible for lost or stolen packages. All authorized returns must
include a shipment tracking number. A credit to an account or issuance of a check
may take up to 30 days subsequent to an approved return authorization.
is responsible for shipping charges on all returned items.
USA strongly recommends that Customer fully insure the return shipment in case
it is lost or damaged and use a carrier that can provide it with proof of delivery
for Customer's protection.
USA reserves the right to refuse a return on any product that does not meet the
permissible returns under this Agreement for credit are subject to a non-negotiable
20% restocking fee. Furthermore, apart from the 20% restocking fee, please also
note that your refund will also EXCLUDE initial shipping charges (for items which
we offer free shipping, our standard shipping charges will be deducted from any
refund or credit).
products, other than those listed above as Non-returnable Products, will be accepted
for credit, replacement, exchange or repair, at CompuBiz USA's discretion, if
the product is presented to CompuBiz within 7 days from the date the package was
received by Customer. The product must be deemed defective by CompuBiz USA's technical
support department in order for Customer to obtain a return authorization. Manufacturer
restrictions do apply and are outlined in CompuBiz USA's return policy. Terms
of the manufacturer's warranty apply from day one. A product deemed Non-defective
may ONLY be issued a return authorization under extraordinary circumstance if
the product is presented to CompuBiz within 7 days from the date the package was
received by Customer and at CompuBiz USA's SOLE discretion. All non-defective
returns are subject to a 20 percent restocking fee. Shipping charges are not refundable.
CompuBiz USA cannot accept unauthorized shipments billed to the recipient.
should make sure that the damaged packages are noted on the carrier's delivery
record in order for CompuBiz USA to file a damage claim. Customer shall save the
merchandise in the original box and packing it arrived in and notify CompuBiz
USA immediately to arrange for a carrier inspection and pick up of the damaged
merchandise. If Customer does not notify CompuBiz USA of damaged goods within
the first 3 days of arrival, CompuBiz USA's regular return policy will override
any claim of damage, and will fall under all current manufacturer restrictions.
Customer shall call 800-873-2127 to arrange for carrier inspection and a pick
up of damaged merchandise.
parties will attempt to resolve any claim, dispute or controversy (whether in
contract, tort or otherwise) against CompuBiz USA, its agents, employees, successors,
assigns or affiliates (collectively for purposes of this paragraph "CompuBiz
USA") arising out of or relating to this Agreement, CompuBiz USA's advertising,
or any related purchase (a "Dispute") from CompuBiz USA will be referred
to mediation before, and as a condition precedent to, the initiation of any adjudicative
action or proceeding, including arbitration. The mediation will be held in County
of Los Angeles, State of California. Either party may demand mediation in writing,
serving on the other party a statement of the dispute, controversy, or claim,
and the facts relating to it, in reasonable detail. Furthermore, if within thirty
(30) days after such demand, the parties have not agreed upon a mediator and commenced
mediation, the matter will be referred to arbitration as explained below. Furthermore,
if, within forty-five (45) days after such demand the matter has not been resolved
to the satisfaction of both parties, then the matter will be referred to arbitration
arbitration will be held in County of Los Angeles, State of California, before
a panel of three arbitrators. Either party may demand arbitration in writing,
serving on the other party a statement of the dispute, controversy, or claim,
and the facts relating to it, in reasonable detail, and the arbitrator nominated
by that party.
thirty (30) days after such demand, the other party will name its arbitrator,
and the two arbitrators named by the parties will, within ten (10) days, select
a third arbitrator.
arbitration will be governed by the Commercial Arbitration Rules of the American
Arbitration Association (the "AAA"), except as expressly provided in
this Article. However, the arbitration will be administered by any organization
mutually agreed upon by the parties. If the parties are unable to agree upon the
organization to administer the arbitration, it will be administered by the AAA.
The arbitrators may not amend or disregard any provision of this section.
expenses of arbitration shall be borne by the party against whom the decision
is rendered, or apportioned in accordance with the decision of the arbitrators
if there is a compromise decision. Judgment upon any award may be entered in any
court of competent jurisdiction.
will indemnify, defend, and hold CompuBiz USA NOT LIABLE from any and all claims,
damages, losses, costs and actions and expenses from breach of Customer's contractual
agreement with any third party as the result of buyer's purchase of merchandise
from CompuBiz USA.
Late Charge, Collection Costs and Related Fees
agrees to pay interest on all past-due sums at the highest rate allowed by law.
Customer is responsible for a monthly late charge equal to $29 or 1.5% of the
outstanding balance, whichever is higher. Customer shall be responsible for all
collection fees, including reasonable attorney's fees and cost.
delay or omission by CompuBiz USA to exercise any right or power occurring upon
any noncompliance or default with respect to any terms of this Agreement shall
impair any such right or power, or be construed as a waiver thereof. A waiver
by CompuBiz USA of any of the covenants, conditions, or agreements to be performed
by Customer shall not be construed as a waiver of any succeeding breach or default
in the same or any other term or condition hereof.
restrictions/legal compliance If this transaction involves an export under
the Export Administration Regulations, the commodities, technology and/or software
sold or distributed under these terms and conditions of sale exported from the
United States by CompuBiz USA were exported in accordance with the Export Administration
Regulations. Diversion, use, export or re-export contrary to United States law
commodities, technology and/or software sold or distributed under these terms
and conditions of sale may not be exported or re-exported in violation of any
other applicable laws or regulations. Customer may not access, download, use or
export this Site, or the content, software, products or services provided on the
this Site in violation of U.S. export laws or regulations, or in violation of
any other applicable laws or regulations. Customer agrees to comply with all export
laws and restrictions and regulations of any United States or foreign agency or
authority, and not to directly or indirectly provide or otherwise make available
the commodities, technology and/or software sold or distributed under these terms
and conditions of sale of CompuBiz USA in violation of any such restrictions,
laws or regulations, or without all necessary approvals, including, without limitation,
for the development, design, manufacture or production of nuclear, chemical or
biological weapons of mass destruction. As applicable, Customer shall obtain and
bear all expenses relating to any necessary licenses and/or exemptions with respect
to its own use of the commodities, technology and/or software sold or distributed
under these terms and conditions of sale of CompuBiz USA outside the U.S. Neither
the commodities, technology and/or software sold or distributed under these terms
and conditions of sale of CompuBiz USA nor the underlying information or technology
may be used or otherwise provided or made available, either directly or indirectly,
(i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country
subject to U.S. trade sanctions, to individuals or entities controlled by such
countries, or to nationals or residents of such countries other than nationals
who are lawfully admitted permanent residents of countries not subject to such
sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table
of Denial Orders.
agreeing to these Terms and Conditions of Use, Customer agrees to the foregoing
and represents and warrants that Customer is not located in, under the control
of, or a national or resident of any such country or on any such list.