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 AN ARBITRATION CLAUSE.
This Agreement contains the terms and conditions that apply to your (“Customer”) purchase from CompuPoint Inc. (“CPI”) for the used computer systems and/or related products (“Products”) sold by CPI on the or other auction websites (“Websites”) or through a CPI sales agent. By purchasing the Products, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS OTHERWISE AGREED IN WRITING BY CPI AND CUSTOMER. These terms and conditions are subject to change without prior written notice at any time, at CPI’ sole discretion.
ALL PRODUCTS SOLD BY CPI PURSUANT TO THIS AGREEMENT ARE USED, AND CONTAIN USED PARTS.
Payment Terms; Orders
Payment in full must be received by CPI prior to shipment of the Products. Orders are not binding upon CPI until accepted by CPI (as evidenced by shipment of the Products). CPI is unable to make address changes, cancels or updates after the order is placed.
Shipping Charges / Taxes and Other Related Fees
Separate charges for shipping and handling will be assessed on all Products. Customer is responsible for sales and all other taxes and fees associated with the purchase. All orders must be signed for, no holds or redirects allowed. Returns for incorrect address or refusal of delivery may result in a restocking fee, customer is responsible for all shipping costs.
Title / Risk of Loss
Title to the Products passes from CPI to Customer on shipment from CPI’s facility. CPI will not be responsible for damage during shipment. The customer must inspect the package for signs of tampering or physical damage before accepting delivery. Once the package is accepted, and there is damage to the product(s), the customer will be responsible for filing a claim with the carrier, and will be responsible for any charges that may occur in getting a replacement or refund, such as shipping costs. CPI will provide necessary assistance as required.
Customer acknowledges that the Products and Software sold under this Agreement, which may include technology and encryption, are subject to the customs and export control laws and regulations of Canada and the United States (“U.S.”) and may also be subject to the customs and export laws and regulations of the country in which the Products or Software are made or received. You agree to abide by those laws and regulations. Customer shall indemnify and hold CPI harmless against any claims, damages or losses incurred as a result of Customer’s failure to comply with the Act or terms contained herein. CPI reserves the right to terminate any purchase or this Agreement if Customer fails to comply with the Act or the terms contained herein.
CPI has no right, title, or interest in any software that may be contained in or a part of the Products. Title to software will remain with the applicable licensor(s). Any rights that Customer may have with respect to the software shall arise only pursuant to license agreements (“Licenses”) between Customer and the licensor(s), which Licenses may be contained within the packaging associated with the Products. Customer agrees to use all software in accordance with the Licenses.
PRODUCTS ARE SOLD WITH A LIMITED WARRANTY, THE TERMS OF WHICH CAN BE FOUND HERE. OPEN BOX ITEMS ARE SOLD WITH A LIMITED WARRANTY, THE TERMS OF WHICH CAN BE FOUND HERE.
Subject to the following requirements, Customer may return the Products within seven (7) days from the date of shipment and obtain a credit or refund of the purchase price paid less shipping and handling and any applicable restocking fees. To return the Products, Customer must call CPI at (416-754-4812) to receive a Credit Return Authorization. Customer must ship the Products to CPI in the original packaging and insure the shipment or accept the risk of loss or damage during shipment, all of which shall be at Customer’s expense. The original sales invoice(s) must accompany the returned Products. To be eligible for return, the Products must be in same condition as when shipped to Customer and all of the manuals, power cords, software and other items shipped with the Products must also be included. No returns will be allowed for Products that are damaged while in Customer’s possession or control. FROM TIME TO TIME, CPI MAY, IN ITS SOLE DISCRETION, EXCHANGE PRODUCTS OR PORTIONS OF A PRODUCT.
Unless the product is defective (as reasonably determined by CPI) or the return is a direct result of a CPI error, CPI will charge a restocking fee of 15% of the purchased price paid.
Limitation of Liability
CPI DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS AGREEMENT. CPI WILL NOT BE LIABLE FOR LOST PROFITS, 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. CPI’ SOLE LIABILITY FOR ANY CLAIMS, WHETHER BASED IN CONTRACT OR TORT, AT LAW OR IN EQUITY, FOR ANY LOSS OR DAMAGES ARISING, RESULTING FROM, OR CONNECTED WITH THE PRODUCTS, THE WEBSITES AND THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE ACTUAL AMOUNT OF SUCH LOSS OR DAMAGE OR THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM.
Applicable Law / Not For Resale
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE DEEMED TO HAVE BEEN MADE IN THE PROVINCE OF ONTARIO AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE PROVINCE OF ONTARIO AND THE APPLICABLE LAWS OF CANADA. THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF THE PROVINCE OF ONTARIO. Customer agrees to comply with all applicable laws and regulations, including all applicable government export laws and regulations including those which apply to export of data. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
Other Product Information
Refurbished CompuPoint computers, CompuPoint used computer products and supplies limited to stock on hand. No rain checks. Pricing, specifications, and availability valid in Canada only and subject to change without notice. Taxes, fees, shipping, handling and any applicable restocking charges, other than free CompuPoint shipping offers, if applicable, are extra and vary. Special offers on refurbished CompuPoint computers not necessarily combinable. CompuPoint deals and CompuPoint discounts cannot be retroactively applied. The CPI site and special offers on refurbished CompuPoint computers and used CompuPoint computers contained herein valid only for end users and not resellers and/or online computer auctions. CPI cannot be responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Due to used CompuPoint computer supplies being limited to stock on hand, CPI reserves the right to cancel any used CompuPoint computer equipment orders in which the payment method used is not authorized within 2 business days of the order processing. Your CompuPoint order is subject to cancellation by CPI, at CPI’s sole discretion. If orders for CompuPoint computer systems are cancelled by CPI, all CompuPoint computer equipment, CompuPoint computer parts and related item(s) will be returned to stock.