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End-User Software License Agreement – (Business to Consumer) Terms and Conditions of Sale 1. Applicability of Terms and Conditions A. The following terms and conditions govern the direct sale of personal computers and related products by ________________________ (Name of Owner of Website) , hereinafter called Owner , to customers in the United States of America (the Customer ). By using this web site (the Website ) and/or accepting delivery of products ordered from Owner whether via this Website, telephone, facsimile or other means, Customer agrees to be bound by and accepts these terms and conditions . THESE TERMS AND CONDITIONS SHALL APPLY TO ANY SALE DIRECTLY FROM OWNER TO CUSTOMER. Products described on this Website are only available to residents of the United States of America when ordered through this Website from a location and Internet Service Provider (ISP) within the United States of America or a telesales representative and for shipment to an address within the United States. B. Owner reserves the right to change these terms and conditions without prior written notice at any time, at its sole discretion; the most current version will always be posted on this site. These terms and conditions may not be supplemented, modified or altered by the use of any other documents(s). Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by Owner. 2. Internal Use Customer agrees and represents that it is buying products from Owner for its own internal use and not for resale. 3. Payment Terms; Orders; Quotations A. Payment by credit card shall be subject to authorization from Customer’s credit card issuer and such authorization must be received by Owner prior to order acceptance, unless some other pre-arranged method of payment has been accepted by Owner. If Customer has obtained credit through an Owner-sponsored financial program, payment terms, including interest and late charges, will be based on the terms of the financing agreement between Customer and the financial institution. B. Orders are not binding on Owner unless accepted by Owner. Acceptance of an order occurs when product ships. Acknowledgment of receipt of an order does not constitute acceptance of the order by Owner. Products ordered may become unavailable due to product or parts shortages, discontinuance of product, or other reasons. In such event, Owner will promptly notify Customer via email, if provided, or telephone. C. Any quotation provided by Owner will be valid for the duration stated in the quotation. If no duration is stated, such quotation is valid for 48 hours from date of quotation. 4. Prices; Shipping and Handling Charges; Taxes; Interest A. Prices and configurations shown are subject to change without prior notice at any time before acceptance of Customer's order. Owner is not liable for typographical errors or omissions and mistakes on quotations or prices. B. Prices shown do not include charges for shipping and handling or for applicable sales/use taxes. Customer is solely responsible for applicable shipping and handling charges and taxes. Unless Customer provides Owner with a valid government or nonprofit tax exemption certificate, taxes will be charged for orders shipped to all states in which Owner is obligated to collect and report such sales. These states shall include any state which charges sales or use tax to its residents, businesses, or other entity required to pay sales tax. 5. Title Title and risk of loss shall pass to Customer upon shipment from Owner’s facility. Title to all software will remain with the applicable licensor(s). 6. Limited Warranty A. A limited warranty statement for Owner branded products is included with the documentation for each product shipped to Customer. Owner reserves the right to modify its warranty statements at any time, in its sole discretion. The current warranty statements can be viewed at warranty.Owner.com . B. EXCEPT AS PROVIDED IN THE WARRANTY STATEMENT, OWNER AND ITS PARENT COMPANIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE OWNER BRANDED PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER' LIABILITY FOR WARRANTY CLAIMS ON OWNER BRANDED PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE WARRANTY STATEMENT. C. OWNER DOES NOT WARRANT ANY THIRD PARTY ACCESSORIES OR PRODUCTS. THIRD PARTY SUPPLIER IS SOLELY RESPONSIBLE FOR ALL WARRANTY, SERVICE AND SUPPORT, AND ALL OTHER PRODUCT RELATED ISSUES. 7. Software License and Warranty All software is provided subject to the applicable end-user license agreement included with the product. Warranties, if any, for the software shall be in accordance with the license agreement. Owner does not warrant any software under these terms and conditions. Some software may differ from its retail version (if available) and may not include user manuals or all program functionality. 8. Limitation of Liability A. FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OWNER'S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PRICE PAID BY CUSTOMER FOR THE PRODUCTS ORDERED BY CUSTOMER. B. IN NO EVENT SHALL OWNER, ITS PARENT COMPANIES, SUPPLIERS AND SERVICE PROVIDERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, OR THE LIKE), OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY. 9. Governing Law Customer and Owner acknowledge and agree that any claim, dispute, or controversy between Customer and Owner arising from or relating to (i) these terms and conditions of sale; or (ii) the purchase or use of any product or service from Owner shall be governed by the laws of the State of _____________ (name of state) without regard to rules as to choice or conflicts of law. Customer and Owner further agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms and conditions of sale. 10. Shipment and Availability A. Owner can only ship to Customer addresses in the 50 United States and the District of Columbia. Owner cannot ship outside of the United States, to APO and FPO Boxes, or to Post Office Boxes. B. Owner may deliver products in installments. Any delivery or shipment date provided is a good faith estimate. Customer acknowledges that product availability may be limited, and particular products may not be available for immediate delivery 11. Export Control This sale concerns products and/or technical data that may be controlled under the U.S. Export Administration Regulations and may be subject to the approval of the U.S. Department of Commerce prior to export. Any export or re-export by Customer, directly or indirectly, in contravention of the U.S. Export Administration Regulations is prohibited. Customer will not ship any products outside the United States without proper authorization. Customer will defend and hold Owner harmless against all claims, damages or liability resulting from breach of the foregoing. 12. Return Policies A. Notwithstanding anything to the contrary in any third party license agreement or product documentation supplied with the personal computer, Owner does not accept the return of component parts, or bundled software, that have been removed from the personal computer system. Pro-rata refunds on individual personal computer components or bundled software, including the operating system, will not be granted. If Customer wishes to return a complete personal computer system, Customer may do so in compliance with Owner standard return policies and procedures set forth in these terms of sale. B. All returns require a Return Material Authorization (RMA) number, which may be obtained from 1-800-xxx-xxxx. An RMA must be requested within fifteen (15) days after Customer receives the product and all products must be returned to Owner within ten (10) days of receipt of the RMA number. Owner will only refund the original purchase price of the product plus any related taxes. Original shipping and handling charges or similar fees and return shipping charges are not refundable. Returns made without an RMA number will be refused. Customer is responsible for shipping charges and risk of loss on all return shipments. Customer must use a reputable shipping carrier capable of providing proof of delivery, as well as properly packing and fully insuring the return shipment. Upon receipt of the returned product(s), Owner will inspect the product to be certain all parts are included and there was no abuse or misuse of the product, or user negligence. All products must be returned in original packaging and be in the same condition as Customer received them. Owner may reject the return for, or deduct costs associated with: missing parts, non original packaging, abuse, misuse of the product or user negligence. While Owner may issue an RMA for individual software packages represented by Customer as unopened, upon receipt and inspection any open packages will not be accepted for return/credit and will be returned to Customer. C. After receipt and inspection of the returned products, credit will be issued in accordance with the following: 1. Standard products are eligible for refund or replacement. 2.. Custom configured Owner branded products are eligible for refund, subject to a 15% restocking fee, or replacement. 3. Within thirty (30) days of the date Customer purchased a warranty extension and/or upgrade service plan, Customer may contact Owner directly to cancel the plan and receive a refund of the purchase price less any claims. After the thirty-day period, Customer may cancel a service plan in accordance with the cancellation terms of the service plan. The current terms and Owner conditions for these service plans can be viewed here . 4. Sales of software are final. Software products may not be exchanged or returned to Owner under any circumstance. Pre-installed software may only be returned if the product is returned. 5. Sales of non -Owner branded __________________________________ _______________ (Names of Products) are final. These products may not be exchanged or returned to Owner under any circumstance. Defective products are repaired and replaced in accordance with the manufacturers' established policies. Contact the product manufacturer for its policy regarding product warranty, repair, or returns. 13. Accessories Prior to purchase, Customer is responsible for contacting the accessories manufacturer (or consulting compatibility charts on this Website) to determine the compatibility of specific accessories with Owner or non-Owner branded products. If Customer purchases an accessory from Owner and determines that the accessory is not compatible with another product within fifteen (15) days after Customer receives the accessory, the accessory may be returned to Owner to the extent permitted under Owner Return Policies above. 14. Service and Support A. Owner’s Technical and Customer Support Center personnel will attempt to help with any problem involving Owner branded products. However, the Support Center personnel may not be able to resolve every given problem. The Support Center may be reached 24 hours a day, 7 days per week, at: 1-800-xxx-xxxx. B’ For all non-Owner branded products, contact the original manufacturer for technical support and warranty assistance. Warranties and service offerings for such products vary from product to product. 15. No Assignment Customer may not assign its rights or obligations under these terms and conditions without the express written consent of Owner. 16. Severability If any of these terms and conditions are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired thereby. 17. Entire Agreement These terms of sale constitute the entire and sole agreement between Owner and Customer and supersedes all prior agreements, representations, warranties and understandings with respect to the subject matter of these terms. 18. This Website is provided by __________________ (Name of Owner) , ________ _____________________________________________________________________________ (street address, city, state, zip code) . Customer inquiries about these terms of sale or purchasing products directly from Owner can be directed to: 1-800-OWNER.