PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from Novus Computers entity named on the invoice (“Novus Computers”) that will be provided to you (Purchaser) on orders for computer systems, related products, services and support sold in the United States. By accepting delivery of the computer system(s), other products and or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY, UNLESS (i) THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH Novus Computers, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) OTHER Novus Computers STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change and will take effect upon posting on Novus Computers’ website of the update to the terms and conditions.
AUTHORIZATION TO ACCESS YOUR COMPUTER
You acknowledge that by your use of the Services you are authorizing Novus Computers to access and control your computer for the purposes of computer diagnosis, service and repair.
In connection with delivering the services Novus Computers may download and use software, gather system data, take control of your computer and access or modify your computer settings. By accepting these terms, you hereby grant Novus Computers the right to connect to your computer, download, install and use software on your computer to gather system data, repair your computer, take control of your computer and change the settings on your computer while performing the services.
BACKUP SERVICES & POTENTIAL DATA LOSS
While Novus Computers will make all reasonable efforts to safeguard the contents (data) stored on your computer, you understand and agree that prior to contacting or allowing Novus Computers to perform diagnostic, repair, or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives if you so desire. You acknowledge and agree that Novus Computers and/or its third-party service provider shall not be responsible under any circumstances for any loss, alteration, or corruption of any software, data or files.
If you do not have a backup of your software and data, we can provide you with our data backup service at an additional cost. However, we cannot guarantee the integrity of the data when backing up.
Novus Computers agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client’s equipment except to employees or agents of Novus Computers subject to confidentiality agreements or as required by law.
Novus Computers may need to download and or run software on your personal computer to help diagnose and resolve your personal technology problem. Novus Computers may need to reinstall software that was included as part of your computer’s original configuration.
You agree that we may download and utilize Software from third party web sites or CDs and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software.
Any verbal quote given by Novus Computers is given as a guide based on limited information provided by a customer. A verbal quote is intended to give the customer an estimate on the price and not an assurance that the product or service will be sold at that price.
Written quotes are subject to acceptance within 30 days. Quotes are based on the cost of products and/or services, labor and materials on the date of the quote. If changes occur in cost of materials, labor, or other costs prior to acceptance, or if the customer requires changes in the shipping subsequent to acceptance, the right is reserved to change the price quoted. Unless otherwise confirmed by us in writing, all prices given are exclusive of applicable State sales tax.
PRICING, SPECIFICATIONS & AVAILABILITY
Prices, specifications, and availability of products are subject to change without notice. Changes will not affect orders that have already been accepted. 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. Published prices do not include shipping and insurance.
In the event of stock unavailability, if a customer has chosen to purchase and wait for stock, the prices are fixed at the time of sale.
PURCHASE & SALE
The party whose name appears after the heading (Bill To:) is the Purchaser, and hereby orders from Novus Computers. (Novus Computers), the product(s) listed on the order invoice. Novus Computers agrees to sell the product(s) upon the terms and conditions contained in this document. Purchaser shall be deemed to have agreed to all terms and conditions contained in this document, if Purchaser fails to object thereto in writing, before the earliest of the following times: (I) When Purchaser pays for the product(s), or, (II) When Purchaser accepts delivery of the product(s).
Purchaser shall pay the total purchase price plus any applicable shipping and handling as specified on the 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.
Full payment is due on collection and goods will not be released to Purchaser until payment has been made. For orders requiring shipment, advanced payment of order including shipping against a supplied proforma invoice is required.
CREDIT CARD ACCEPTANCE POLICY
All purchases made from Novus Computers may be paid using a Credit or EBT card. Purcahses totaling more than $499 USD after all other taxes and fees that are paid for via Credit or EBT card will be subject to a 3% payment processing fee. This fee is assessed on top of all other taxes and fees and is non-refundable.
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. Novus Computers reserves the right at any time after receipt of your order to accept or decline your order for any reason. Novus Computers reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item unless total fulfillment of product is specified on the order. We may require additional verification or information before accepting any order. Dispute of Charges is not acceptable. If there is anything wrong with the merchandise, please contact customer service for more information.
ORDERS FOR COLLECTION
Customers must collect all orders within two months of the invoice date.
ORDERS FOR DELIVERY
Delivery of the Goods shall be made by us or regular ground postal service to the address for delivery shown in the Order Form. Customer must ensure delivery address is accurate and complete. Goods delivered in accordance with Customer’s delivery instructions; Customer is responsible for the same. Novus Computers responsibility for everything other than damage due to negligence or due to a manufacturing design or design fault will cease upon delivery.
Novus Computers will do all that is reasonably possible to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. Novus Computers cannot be held responsible for delays beyond our control. If we are unable to make the delivery date Customer will be contacted. If delivery cannot be made within 30 days of the given delivery date Customer will be entitled to either arrange a revised date or cancel the order and receive a full refund.
If the order is a multiple order and cannot be delivered as a whole order, Customer will be informed and can arrange to have multiple orders delivered on mutually agreeable dates. In this instance delivery will be said to be made in installments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the installments in accordance with these conditions, or any claim by you in respect of any one or more installments will not entitle you to treat the contract as a whole as repudiated.
If Novus Computers fails for any reason within its control to fully/partially deliver Customer Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
CANCELLATION & RETURNS POLICY
If Purchaser purports to cancel an approved order and wrongfully refuses to accept the product(s), Purchaser shall pay to Novus Computers a sum equal to twenty five (25) percent of the sales price and, if shipment has been made, Purchaser shall also reimburse Novus Computers for all cost of shipment. Notwithstanding the foregoing, if Purchaser attempts to return the product(s) without legal excuse, Novus Computers may, in its discretion, refuse delivery and pursue its remedies hereunder and under applicable law, which shall include, for example, the right to file a legal action against Purchaser for the full purchase price and incidental damages suffered by Novus Computers.
Purchaser shall inspect the product(s) at the time of collection and shall notify Novus Computers of any defects or discrepancies within seven (7) days of the receipt of product(s). Absent such notification, Purchaser shall be deemed to have accepted the product(s). Novus Computers is not liable for any damage caused once product(s) are deemed accepted.
Any defective product(s) that are returned to Novus Computers must be adequately and securely packaged by Purchaser prior to shipment. Purchaser must include original box, packaging, all manuals, drivers and accessories and original receipt for all refunds, exchanges, and warranty repair services.
A $35 labor fee will be assessed if the products are returned and found to be non-defective.
Novus Computers reserves the right to replace defective parts with equivalent parts, new or refurbished, as Novus Computers deems necessary. Novus Computers will refund purchases within seven (7) days of receipt in most instances. We reserve the right to withhold any refund after 7 days.
Products that have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Novus Computers, are not covered by this warranty. Any alterations, additions, improvements or attachments to the product(s) not authorized in writing by Novus Computers shall be deemed to be a waiver of this warranty by Purchaser and shall render this warranty null and void. Novus Computers shall return repaired or replaced product(s) to Purchaser, 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 Purchaser. The warranty does not extend beyond the original purchase of product(s) from Novus Computers. Any equipment used in conjunction with products purchased from Novus Computers is not covered under this warranty.
Claims for defective products over 7 days from date of invoice are not covered under this policy. Defective products and claims over 7 days from the date of invoice must be sent back to manufacturer to be covered under their warranty terms and conditions. No exchange, refunds or swap-overs are permitted for fault claims over 7 days.
Acceptance of purchased returns that are free of defects is purely at Novus Computers’s discretion. Refund of this purchase will be by way of a credit note only. A 10% handling fee with a minimum of $10 will be charged.
Due to the nature of Software and Games, all sales of of these items are final and no refunds will be given under any circumstances.
LIMITED HARDWARE WARRANTY POLICY
A Limited Hardware Warranty generally provides a warranty that the Product is free from material defects in materials and workmanship that cause product failure during fair and reasonable usage of the Product for the warranty period.
Generally, a Limited Hardware Warranty does not apply to product failure due to, but not limited to, the following reasons:
• Improper installation or handling or non-compliance with instruction manual or other warranty provider instructions.
• Accident, abuse, misuse, neglect, normal wear and tear, corrosion, physical damage, rusting and staining, and all other forms of improper usage.
• Damage from external causes and natural disaster, such as flood, storm, fire, sand, dirt, earthquake, an Act of God, exposure to sunlight, weather effect, lightning, moisture, water, liquid, heat, vibration, corrosive environment, electrical surge, battery leakage, theft or damage caused by the connection to other products not recommended for interconnection.
• Any Product that has had its serial number altered, defaced or removed.
• Insufficient or excessive electrical supply.
• Abnormal mechanical or environmental conditions.
• Unauthorized disassembly, alterations, repairs or modifications.
• Damage to the Product or it being rendered ineffective due to putting in, using, or attempting to put in or use, products/modules/parts/components that are: (i) not designed to specifications provided in the user guide or at our web site, (ii) incompatible with the Product, and/or (iii) counterfeit products/modules/parts/components. Whether a product/module/part/component is incompatible or a counterfeit shall be at our sole determination.
• Installation of any incompatible third party application or any corrupted application or content that affects the Product’s software or firmware.
• Damage or loss of data due to (i) interoperability with current and/or future versions of operating systems or other current and/or future software and hardware, (ii) a computer virus, worm, Trojan horse or memory content corruption, or (iii) malfunction of or defect in the Product.
• In the case of communications products, the use of the Product outside the borders of the country that it is intended for (as indicated by any local telecommunication approval stickers).
Novus Computers and the provider of the Limited Hardware Warranty shall not be liable for:
• Loss of data during the use or attempted use of the Product or any of our or our affiliated companies’ service(s). Data retrieval or recovery is not covered under this warranty, and is not part of the warranty repair or exchange process.
• Damage to other products, including but not limited to personal computers, used with the Product.
• Third party charges and costs incurred by You for troubleshooting, removing, servicing, repairing or installing any Product(s) or Software or third party-branded products or software.
• Damage resulting from a third party-branded product or software that causes the Product to fail.
• Any consequential, indirect or incidental damages, lost profits, lost savings, loss of business investments, loss of goodwill, or interference with business relationships as a result of lost data and from the usage of the Product or any of our or our affiliated companies’ service(s).
• Any period of time the Product is at the service center or in transit. Purchaser’s citing this period of time in an attempt to extend the warranty period shall have no effect.
The Limited Hardware Warranty may give Purchaser specific legal rights. Purchaser may also have other rights, which vary from state to state and country to country. The terms of the Limited Hardware Warranty generally do not exclude such rights. Some states and countries disallow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages or the exclusion of liability for injury (including death) caused by negligence, so the above limitations or exclusions may not apply to Purchaser depending on the relevant jurisdiction.
Please refer to any Limited Hardware Warranty or other warranty documentation accompanying Your Product for more specific terms and conditions.
In the event of any conflict with the terms of this policy, the terms of the Limited Hardware Warranty or other warranty document accompanying Your Product shall govern.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, Novus Computers DISCLAIMS AND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. IN NO EVENT SHALL Novus Computers BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL Novus Computers’S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
Any new, unused, unsold, undamaged product that’s proven to be defective within 7 days of the invoice date shall be deemed as dead-on-arrival (“DOA”), subject to verification by Novus Computers.
DOA products MUST be claimed with Novus Computers within 7 days of the invoice date. All product(s) requested and authorized as return for DOA (Dead on Arrival) must be received by Novus Computers within the 14 (14) days of original purchase date.
Novus Computers reserves the rights to repair, exchange or issue credit to Purchaser on DOA product.
REPAIR SERVICE LEGAL RIGHTS
The client is the legal owner or authorized representative of the legal owner of the property and all data and components contained therein sent to Novus Computers. You must be the owner, or have the permission of the owner, for us to work on your equipment. We will only take instructions for work from the designated owner.
If equipment is left with Novus Computers and is not collected within sixty (60) days after we notify you that the requested service is complete, we will treat your equipment as abandoned and becomes the sole property of Novus Computers. You agree to hold Novus Computers harmless for any damage or claim for the abandoned property, which we may discard at our sole discretion. Any and all charges are still your responsibility.
Novus Computers shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service.
In no event will Novus Computers be liable for any damage to the laptop/desktop/equipment, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Novus Computers has been advised of the possibility of damages or loss to persons or property. Novus Computers liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.
The client agrees to have Novus Computers as the sole and exclusive provider of remedy for unsatisfactory work, and Novus Computers shall be allowed additional attempts to complete the work in a satisfactory manner. Otherwise, the client can ask for a refund from Novus Computers. The parties acknowledge that the price of Novus Computers services would be much greater if Novus Computers undertook more extensive liability.
The client is aware of the inherent risks of injury and property damage involved in laptop/desktop repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of Novus Computers, and assumes any and all known risks of injury and property damage that may result.
JURISDICTION AND VENUE
Buyer agrees that any legal action brought against Novus Computers shall be governed by the laws of the State of without regard to its conflict of law principles. Purchaser agrees that the sole jurisdiction and venue for any litigation arising from orders made to Novus Computers shall be an appropriate federal or state court located in , .
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 , 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 of , and the parties consent to the jurisdiction of these courts.
Novus Computers may amend any terms and conditions at any time and take effect upon posting on Novus Computers’s website. This document sets forth the entire and final understanding of Purchaser and Novus Computers 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. Novus Computers’ agents have no authority to make representations, warranties or promises, which 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 thereafter to enforce each term contained herein.
Last updated: 11/27/2017