THESE TERMS AND CONDITIONS APPLY TO ALL SALES AND OPEN ORDERS. PLEASE READ THESE TERMS CAREFULLY. PLEASE NOTE THAT THE SPECIAL TERMS APPLY TO CUSTOMERS, WHICH SUPERCEDE THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS.
1 - Website
1.1) This website is operated by ITech Drivesfrom a registered office in (referred to as "ITECH" or "we" or "us"). ITECH is a DISTRIBUTOR OF PRODUCTS RELATED TO THE COMPUTER, PERIPHERALS AND ACCESSORIES.
1.2 This website is designed to be used by current and potential Clients. The people who place an order for our products are subject to the Terms and Conditions. Please review these Terms and Conditions, before placing any order through this website.
1.3 We provide access to and use of the website subject to the following terms and conditions that we may update without prior notice. BY ORDERING PRODUCTS FROM US, WHETHER THE FOLLOWING TERMS AND CONDITIONS ARE ACCEPTED, YOU ARE ALLOWED TO ACCEPT OR ACCESS THE WEBSITE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, STOP USING THE WEBSITE.
2 - Definitions
2.1) "Commercial customer" means a Customer that is not a Consumer. 2.2) "Consumer" means a person who does not act for the purpose of his business or profession. 2.3) "ITechdrives" also means "ITECH" or "we" or "we" in these Terms and Conditions. 2.4) "Catalog" means the catalog of products and services offered by. 2.5) "Force majeure" means any because that affects the fulfillment of its obligations derived from acts, events, omissions, events or events beyond its reasonable control, including (among others) governmental regulations, fires, floods or any disaster or industrial dispute affecting a third party. 2.6) "Normal work hours" means from 9:00 AM to 5:00 PM PST on a business day. 2.7) "Working days" means Monday through Friday, except holidays or other holidays
2.8) "Open online" or "website" means the Internet website, which is accessed through the address www.
2.9) "Customer" means a Business Client, Customer or potential Customer of.
2.10) "User" means the person accessing Open Online on behalf of the Client.
2.11) "Administrator" means the person in charge of administering and authorizing Users on behalf of the Client.
2.12) "Products" means the products listed for sale in Open Online, which can be purchased by the Customer.
2.13) "Terms and Conditions" means the terms and conditions for access to the Open Online system by the Client and its Users and the Limited Sales Terms and Conditions, which deal with the commercial and commercial aspects.
3 - Orders
3.1) These Terms and Conditions regulate all sales of products (the "Products") by the Seller to the Customer, regardless of whether the Customer purchases the Products through written purchase orders or electronic orders through EDI (collectively "Purchase Orders"). Upon receipt by the Client of an express acceptance by these Terms and Conditions, the Purchase Order, modified by the acceptance or acknowledgment of receipt thereof, becomes a binding contract between the Customer and under the terms reflected in those documents (the "Sale Agreement"). In case of conflict between these Terms and Conditions and any Buyer's Order, these Terms and Conditions will prevail unless you have expressly accepted the term in conflict in the Purchase Order upon acceptance or acknowledgment. In case of conflict between the order of the buyer and acceptance or recognition of the order, acceptance or recognition of the order will prevail. Nothing in these Terms and Conditions is intended to affect the legal or contractual rights of a Consumer to refuse defective products.
3.2) All orders are subject to acceptance and availability of the Products ordered: you have the right to refuse any order placed by you.
3.3) Commits that:
3.3.1) All the details that you provide us in order to buy Products or services offered on our website are correct, and
3.3.2) The credit or debit card you use to buy us is your own card or your company card, is authorized to use it and has enough funds or credit facilities to cover the cost of any Products or services that you Ask us We reserve the right to obtain validation of the details of your credit or debit card before providing any product or service.
3.4) Please note that you can register and / or monitor incoming and outgoing calls and electronic traffic for training purposes.
3.5) Approval of any order is subject to credit approval and acceptance of the order by. If the Customer's credit is not satisfactory, ITECH reserves the right to terminate it by notifying the Customer and without liability to.
4 - Prices
4.1) All prices are exclusive of any applicable sales tax, for which (if applicable) the Customer will be additionally liable. Sales taxes are generally applied in California but may include other states, countries and / or provinces.
4.2) ITECH reserves the right to notify the Client in writing at any time prior to delivery, to increase the price of the Products to reflect any change in the specifications of the Products requested by the Customer or that are necessary as a result of any delay caused by (a) the Customer's instructions or (b) Customer's failure to provide information or instructions appropriate to.
5 - Orders
5.1) You will receive confirmation of the receipt of your order by email.
5.2) You will receive confirmation that your order has been accepted by email.
5.3) You will receive confirmation that your order has been sent with your tracking number by email.
5.4) Please note that we use the email address you have provided us on the web, or the phone or by fax.
6 - Delivery, Title and Risk
6.1) For all questions about delivery, contact Customer Service or call (866) 705-5346 (toll-free). To verify the status of your order, log in to your account at. The delivery is free for orders of DATA MEDIA above $ 250 (without taxes). For Data Media orders below $ 250, the charge will be the same regardless of value or weight, except for orders outside the United States that have a separate delivery structure.
6.2) will do everything possible to send the Products on the agreed date with the Client, but does not assume responsibility for the non-delivery within the time indicated in which this is due to circumstances beyond our reasonable control, such as delays caused by the delivery companies or the manufacturer. Delivery times If there is likely to be a delay, we will make every reasonable effort to contact the Customer and advise him of the delay. A Customer, who is a Consumer, will be entitled to cancel an order when informed of a delay if the revised delivery date is not acceptable.
6.3) In the case of a Commercial Customer, if he cannot deliver the Products within 30 days after the agreed delivery date, the Commercial Customer shall have the right, as his only recourse, to cancel the order and demand the payment of any money Respect of that order to be reimbursed. To cancel, the Commercial Customer must send a written notice of the cancellation after the previous date, but before the delivery of the products or notification that the Products are ready for delivery.
6.4) In the case of commercial Customers, does not accept responsibility for shortages or damages in deliveries, unless the Commercial Customer notifies the shortage or damages in writing within 48 hours after receipt of delivery. Commercial consumers must notify the shortage or damage within a reasonable period for them to notice.
6.5) Commercial customers must be able to accept the Products when they are ready for delivery within normal working hours.
6.6) The Products are at risk from the moment of delivery by the Designated Carrier. If, for any reason, the Customer will not accept the delivery of any of the Products when it is ready for shipment to the Designated Carrier, or cannot send the Products to the Designated Carrier on time, because the Client has not provided the instructions and documents adequate. , or the authorizations, the risk in the Products will pass to the Customer (even for losses or damages caused by negligence) from the moment of the proof of signed delivery, it will be considered that the Products have been delivered, can store the Products until the delivery where the Customer will be responsible for all related costs and expenses and Condition 4.2 will apply.
6.7) The title on the Products is not transferred to the Client until the payment is received in full by.
6.8) If the Client cannot accept the delivery, he may, at his option:
store and insure the Products at the expense and risk of the Customer or
sell the Products at the best reasonably obtainable price and (after deducting a reasonable storage insurance and selling costs) to pay the Customer any excess over the sales price or to charge the Customer for any deficit or
to reorganize the delivery if it can charge the Customer for the additional delivery costs incurred.
6.9) The Customer may request a proof of delivery, provided that this request is made in writing within 3 months after the delivery date and must make all reasonable efforts to provide such proof. Thereafter, the delivery will be deemed to have been completed successfully.
6.10) At the time of delivery of the Products, the Customer will be asked to sign a delivery receipt to acknowledge receipt. It is the responsibility of the client to ensure that the quantity of packages delivered corresponds with the quantity shown on the delivery note. When a discrepancy occurs or when there is obvious damage to the packaging, it must be noted on the proof of delivery without modification.
7 - Delivery times
7.1) Standard delivery: with standard delivery, you will receive your complete order within 1 to 2 days, from the moment all the items in your order are in stock.
7.2) Same day delivery: with the same day delivery, you receive your order for the items that are in stock before the close of operations for all orders placed before 4:00 PM PST.
7.3) Sending the piece: if you order more than one item, it is possible that they are in different delivery terms; and, therefore, you can request several deliveries and you will be charged for all additional deliveries above the norm.
7.4) Shipment to several locations: some customers buy centrally and wish to have several items delivered to several offices; This can be done after the relevant security controls are clear and additional costs are covered.
7.5) We deliver to all states in. The shipment is made through Federal Express or UPS. Once the shipment of your order is made, the delivery time is up to 2 days maximum through Federal Express or UPS. reserves the right to select the shipping method at its sole discretion.
7.6) Please note that since DHL does not deliver on weekends, your order placed on Friday will be sent to you the next business day, if your product is in stock in our warehouse.
8 - Availability
8.1) Our website is updated regularly throughout the day to ensure we provide accurate details about product availability, and the indicated delivery time is periodically updated. We strive to ensure that the availability of all our advertised items is constant; However, we cannot guarantee availability. In the unlikely event that your chosen item is not available, we will contact you within a reasonable time to inform you of the expected delivery dates. If a product that has been ordered is still not available after the indicated waiting period has elapsed, we will contact you by email or phone to propose an extension of the waiting period or suggest a different product. If a product is shown as sold out on our website, there is still the possibility that one of our suppliers has stock. If you wish to verify this, contact us by phone or email.
9 - Payments
9.1) There are four different ways to organize the payment, whether you place an order online, by phone, fax or email: account, credit and debit cards or bank transfer.
9.1.1) In account: When completing our credit application form. Once submitted, the credit department will determine the credit limit at our discretion. This process can last up to a week. Once completed, we can offer net terms of up to 30 days within the assigned credit limit.
9.1.2) Credit and debit cards: American Express, Visa and MasterCard: through a secure payment system (your card is charged the day of your order for security reasons). This can be done online or by filling out the credit card form.
9.1.3) Payment by bank transfer: offers the opportunity to pay by bank transfer. Please note that bank transfers from abroad will only be accepted if the additional transfer costs are paid by the customer. Your payment will be processed when your bank transfer is received. Once your payment is received, we will send you your Products. Processing of offline payments can take several days.
9.1.4) By phone: through our customer service at (866) 705-5346 (toll free). If you place a high value order, we reserve the right to contact you for further confirmation of the details of your order, before authorization.
9.1.5) C.O.D. payments: another option is cash delivery ("C.O.D."). You can facilitate this option.
9.2) Please note that, for security reasons, you reserve the right to ask your customers for a payment by bank transfer for the first transaction.
9.3) Please note that if our insurance company and the fraud detection department suspect any suspicious details, we reserve the right to cancel the transaction for security reasons.
9.4) Standard payment terms for customers of the credit account is 30 days from the date of the invoice, and this will apply, except in the case of transactions in which different terms are agreed in writing. If the payment is not made on the due date, you will be entitled to charge interest on the outstanding balance at an annual rate of 18% for Commercial Customers and at a rate of 5% per year for Consumers.
10 - Product specifications
10.1) We do our best to supply the Products as advertised but reserves the right to supply the Products subject to small variations in the actual dimensions and specifications when modified by the manufacturer.
10.2) If you cannot supply the Products requested by the Customer, you reserve the right to offer Products of equal or superior quality at no additional cost. In this case, if the Client does not wish to accept the offered Alternative Products, he may cancel the order and request reimbursement of any money paid in connection with that order, including shipping costs. This will be the client's only resource in these circumstances.
11 - Names and trademarks
11.1) Trade names and trademarks (other than those) are not always indications of the actual manufacturer of a product and may be indicative of general-purpose systems and machines associated with those products.
11.2) In the case of component purchases, customers who require a brand of product must, before placing an order, verify the identity of the manufacturer of the component they intend to purchase.
12 - Guarantees and returns
12.1) is committed to providing our customers with products and services of the highest quality. However, on rare occasions, the products may be defective or defective. In such cases, we offer the return facilities described below:
12.2) Unless otherwise stated in the manufacturer's documentation, all delivered Products have a 12-month manufacturer's warranty.
12.3) If you purchase Products in the course of your business, the following provisions of this Clause will apply. Apart from the express provisions set forth in these Terms and Conditions, all other terms and implied terms or guarantees related to the supply of Products are excluded to the maximum extent permitted by law. THE PRODUCTS ARE NOT TRIALED OR SOLD AS APPROPRIATE FOR ANY PARTICULAR APPLICATION OR FOR USE UNDER SPECIFIC CONDITIONS UNLESS EXPRESSLY ACCEPTED IN THE SCRIPTURE.
12.4) If you purchase services in the course of your business, the following provisions of this Clause will apply. will use your skill and experience to carry out any contracted work (the "Service (s)") to a standard equivalent to that of industry standards, and will guarantee our work as defect-free, for a period of 30 days After completion, in particular, we cannot be held liable for any failure or damage not caused by the service engineers or their contracted agents, should a claim arise related to the level of skill and judgment applied in the course. of the provision of the Services, reserves, in its sole discretion, the right to appoint an independent expert in the field to evaluate the work performed in the execution of the Service. (s) In addition, the team cannot be held responsible. installed or configured when the equipment has been altered or subsequently configured by other people, except as provided herein, all other terms or express or implied warranties cites related services are excluded to the fullest extent permitted by law.
12.5) Intentionally omitted.
12.6) In the event that, in its discretion, it accepts the refund of credit for undesired products, the Products must be returned with prior agreement in writing within 7 days of delivery. The products must be unopened and in perfect condition to be sold. All Products returned in these circumstances will be subject to a handling fee of 25% of the sale price of the Products.
12.7) Subject to testing to verify any alleged failure, we will accept the return of the defective Products for full refund or replacement at our option, if, but only if, the Products are returned within 7 days of delivery.
12.8) technical assistance personnel or customer assistance personnel, as appropriate, will inform you about the delivery method you should use to return the products. Depending on the nature of the product purchased, we will organize a pick-up by courier or request that you return the product directly to us. If it is found that the products are defective in the inspection, you will be reimbursed the cost of returning the item. The returns of authorized products should be sent to:
12.9) offers a collection, repair and delivery service "free of charge" (in the only one) for ITECH that is shown as defective whenever the failure is reported within 7 days of delivery. If we have organized a courier collection of your product, we can not specify the collection time, and it is your responsibility to make sure that someone is present at the collection address when the courier arrives.
12.10) All Returned Products must be accompanied by the Return Material Authorization Number ("RMA Number") that can be obtained by contacting Customer Service at (866) 705-5346 (toll-free). Returned products will not be accepted without an RMA number. Do not write directly on the manufacturer's packaging. Write the RMA number on the address label provided with the Material Return Authorization and attach it to the returned package. Any defacement of the manufacturer's packaging or damage caused by improper packaging may result in the rejection of the return or an additional restocking fee, at the sole discretion.
12.11) cannot accept responsibility for damaged packages during transit. It is the client's responsibility to wrap the product properly to avoid damage.
12.12) The proof of delivery is not a proof of delivery, so it is strongly recommended that you send your package by certified mail, registered mail or courier, and insure the Products for their full value.
12.13) Upon receiving the returned product, we will test it to identify the failure that you have notified us.
12.13.1) If after the testing process, it is found that the product is in good working order without defects, we will return the product and transportation costs of this return will be your responsibility. Please note that if, in the meantime, you require us to provide you with a replacement product before completing the testing process, you will also have to pay for this product.
12.13.2) This warranty shall not apply if the Customer or its employees or agents have worked, modified or damaged the Products, or the Products not used in accordance with the manufacturer's instructions.
12.13.3) No software in which stamps have been broken can be returned for credit. If any of the software discs are defective, the manufacturer will replace them. Please note that Software Licenses are not returnable unless the software is not materially compatible with your specifications or the physical media on which they are provided is defective.
12.14) Some manufacturers require that the Products be returned within 7 days or less to ensure reimbursement. In such cases, the manufacturer's time limit will apply and, therefore, will only accept a return within 7 days of the purchase or the manufacturer's time limit, if that limit is less than 7 days. We can only accept the return of a defective product that does not comply with the description, if they return it within a period of 7 days. After that period, you will be considered to have accepted the Products and, therefore, you must verify the Products immediately after receiving them. Note that this period is reduced to 2 days for settlement agreements and "NCCR" products, as established in clause 15.
12.15) THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE PRODUCTS. IN ADDITION, IT DOES NOT MAKE ANY WARRANTIES REGARDING PERFORMANCE OR PRODUCTION, AS TO FLEXIBLE OR ALLOWED PARTS, OR ANY ARTICLE SEPARATELY LISTED OF PRODUCTS NOT EXPRESSLY HEREIN.
13 - Our responsibility
13.1) In your dealings with commercial customers, under no circumstances will you be liable for any consequential or indirect damages or losses, regardless of cause, including (but not limited to) loss of business or profits, loss of goodwill, Damage to business relationships, Loss of data, and other financial losses. ("Financial loss" in this sense does not refer to the price you have paid for the Products, that we may reimburse you, in whole or in part, if the Products are defective or do not meet your description). Liability with respect to all other losses will be limited to the invoiced amount of the corresponding order.
13.2) Nothing in this agreement will limit liability for death or personal injury caused by your negligence.
14 - Health and safety
• 14.1) confirms that the Products you supply as a distributor do not present a health and safety hazard when
they are used properly for the purpose for which they were designed; and
(ii) if the Customer takes reasonable and normal precautions in its use.
15 - Force majeure
15.1) When, despite its reasonable efforts, it cannot fulfill an obligation due to circumstances beyond its reasonable control and / or Force Majeure, it will not be considered as breaching its contract with the Client.
16 - Special rules for liquidation offers and non-current catalog applications ('NCCR') Products
16.1) Products sold as "Settlement sales" are degraded products that can be offered at a discount over the normal price. The stocks of products offered as liquidation offers are limited and such products are sold subject to the following special rules. These special rules apply in addition to, and in the case of any conflict cancellation, all other terms and conditions, except those terms and conditions that specifically cover consumers.
16.2) Settlement sales are rated according to the condition of the Products, which is described at the point of sale. The duration of the guarantee (if applicable), with the benefit of which the Products are sold, is specified in the description of the corresponding grade.
16.3) Liquidation sales, by their very nature, have limited availability. Upon receipt of a sales order for settlement, stock availability will be verified. Until the availability of stock for the Customer is confirmed, a sales contract will not be created, and no payment will be charged to the Customer.
16.4) All products sold as "Non-Current Catalog Requests" ("NCCR") or "Specials" are sold subject to the following special rules that apply in addition to the other terms and conditions.
16.5) The products are not returnable, unless we have made an error, or the Products are defective;
16.6) The quoted prices are valid only for 3 days.
16.7) Prices quoted are not subject to discounts for value, cash or volume.
17 - Errors and omissions
17.1) does everything possible to ensure that all prices and descriptions cited in its catalog and on its website are correct and accurate. However, the frenetic pace of electronic commerce makes it inevitable that mistakes will occasionally be made. In case of manifest error or omission, you will have the right to terminate the contract, even though you have already accepted the Customer's order and / or received the Client's payment. The liability in that case will be limited to the return of any money that the Client has paid with respect to the order. In the case of a manifest error in relation to the price, the Customer shall be entitled to purchase the Products paying the difference between the quoted price and the correct price, as confirmed in writing once the manifest error was discovered.
17.2 "manifest error", as the term is used in paragraph 17.1 above, means, in relation to an incorrect price, a price quoted in error for which it is more than 10% less than the price that would have been Quoted the error has not been committed.
18 - Obligations for the client.
18.1) The Client will designate the Open Online "Administrator" named on the Open Online authorization form.
18.2) The Administrator will be the person responsible for the use of Open Online on behalf of the Client.
18.3) The Client may change the person designated to be the Administrator, either using the online facility or informing Limited in writing about the new identity of the Administrator.
18.4) The Client will ensure that it complies with all the technical requirements for open online access and that Limited will not be responsible for any loss resulting from technical incompatibilities or system errors.
18.5) The Customer must take all reasonable measures to ensure that the Administrator and Authorized Users do not have to pass user login data to third parties under any circumstances.
19 - Obligations for the Administrator
19.1) The Administrator is obliged to perform the following tasks:
19.1.1) Authorization, approval and configuration of the access level of new and existing Users.
19.1.2) Removal, deletion and amendment of Users who have left the company or who are deemed not to be able to use Open Online on behalf of the Client for any reason.
19.1.3) Make sure that all the details of the Client's company maintained in Open Online, including, among others, the postal and delivery addresses, are correct.
19.2) The Client acknowledges that he is solely responsible for the actions of the Administrator and the modifications made to any information. 20 - Obligations of the User.
20.1) The user must always act on behalf of the client in any action that is carried out with Open Online.
20.2) The User must not pass any security details (such as, but not limited to usernames and passwords) to third parties under any circumstances.
20.3) When not representing or being used by the Client, the User will not use any login information provided related to the Client to access Open Online.
21 - Security and login
21.1) Open online logon credentials are composed of three elements:
21.1.1) The Account Number.
21.1.2) The username of the user (unique within the client) (any alphanumeric combination usually the email address of the user).
21.1.3) The user's secret password (any alphanumeric combination).
21.2) The use of the login information indicates proof that the Customer accepts the orders and the information made by him or on his behalf.
21.3) The Client, the Administrator and the User will make all reasonable efforts to ensure that the login information, especially the Password, remains confidential.
22.1) grants you a non-exclusive license to use this website subject to these Terms and Conditions.
22.2) may terminate this license at any time without prior notice.
22.3) Your access and / or use of the website constitutes your acceptance of these Terms and Conditions that apply to all pages of the website and all points of entry to the website.
23 - Materials on the website
23.1) All rights, including those copyrighted in the content of the website, are owned, licensed or controlled for these purposes by ("the Content"). The content includes, but is not limited to, the design, design, appearance, appearance and graphics of the website. It is protected by intellectual property laws, including, among others, the laws of copyright and trademarks. Accordingly, the Content may not be copied, reproduced, republished, downloaded, published, disseminated or transmitted in any way, except for its non-commercial private use. Any other use requires written permission from.
23.2) The redistribution, reissue or making available of the material of this website to third parties without prior written consent is prohibited.
23.3) Without limiting the foregoing, no part of the website may be distributed or copied for any commercial purpose, reproduced, transmitted or stored in any other website or other form of electronic retrieval system without the prior written permission of.
23.4) Unauthorized use of this website may result in a claim for damages and / or be a criminal offense.
24 - Website information
24.1) The information on this website is provided in good faith and is subject to change without notice. Except as expressly stipulated in the Terms and Conditions, if applicable, is not responsible for any inaccuracy and (except as provided in clause 6.4) makes no representation and gives no guarantee as to its accuracy.
24.2) The information on this website should not be invoked and does not constitute any kind of advice or recommendation. By using this website, you confirm that you have not relied on such information. Any agreement between you and any third party named or referred to on the website is the sole responsibility and responsibility.
24.3) The sales information on this website is only an invitation to purchase and is not intended to be, nor should it be construed as an offer to enter a contractual relationship.
25.1) The website contains links to other websites. Any content downloaded or otherwise obtained from the website is obtained at your own risk. does not accept liability or obligation for the content of other websites that are not under the strict control of. Any link is not intended to be, nor should it be construed as an endorsement of any kind by that other website.
25.2) You cannot create a link to this website from another website or document without prior written consent.
26.1) Except as expressly provided in the Terms and Conditions, if applicable, does not grant any warranty, express or implied, or any representation with respect to the website or the Content or any advertising, service or product provided through or in connection with the website.
26.2) does not guarantee that the use of this website is compatible with all ITECHs and software that visitors of the site may use.
26.3) will not be liable to you, either by contract, tort (including negligence), breach of legal duty, restitution or any other form for any injury, death, direct, indirect or consequential loss or damage (all three of the which terms include, without limitation, pure economic loss, loss of profits, loss of business, exhaustion of goodwill and as loss) any cause arising out of or in connection with the use of this website or use, access , download, or rely on any information or other material contained on this website, including, without limitation, as a result of any computer virus or any malicious computer code.
27 - Changes in the content of the website
27.1) Subject to clause.
27.2) may change the content of the website from time to time at its sole discretion and without prior notice.
27.3) may vary these Terms and Conditions from time to time by posting the various Terms and Conditions on this website. If you make substantial changes to these Terms and Conditions, for a reasonable time, after taking reasonable steps to attract the attention of visitors to this website, these Terms and Conditions have been revised. You are advised to review these Terms and Conditions from time to time.
28 - Viruses and defective programs
28.1) does not guarantee that the website or access to it is free of errors or that the website or the servers that make it available are free of viruses, errors or other malicious codes.
29 - User behavior about our security and privacy
29.1) You agree not to:
29.1.1) interrupt or interfere with the security of, or otherwise abuse, the website, or any service, system resources, accounts, servers or networks connected or accessible through the website or affiliated or linked websites;
29.1.2) interrupt or interfere with the enjoyment of any other user of the website or affiliated or linked websites;
29.1.3) transmit through spam, chain letters, junk mail or any other type of unsolicited mass email to persons or entities that have not agreed to be part of said shipment; Y
29.1.4) uploading or attempting to upload, post or otherwise transmit on the Website any Content of any kind, including, without limitation, any defamatory, obscene or illegal content or content that would otherwise infringe the rights of third parties or it could cause offense.
29.2) You agree to indemnify and harmless for any breach by you of these obligations as set forth in this Clause 30.
29.3) will issue the holders of existing accounts with a valid username and password to use on the website to view their account information. You are responsible for your username and password. The username and password of the account holder are for the exclusive use of the account holder and cannot be shared or disclosed to anyone else.
29.4) Once you become an account holder, agree not to use the username or password of any other account holder or allow another account holder to use your username and / or password in any moment. You agree to notify us immediately by calling the IT Manager or by sending us an email if you know or have any reason to suspect that the security of your username and / or password has been violated.
30.1) If it is determined that any of these Terms and Conditions is illegal, invalid or otherwise unenforceable under the laws of any jurisdiction in which these Terms and Conditions are intended to be effective, to the extent and within of the jurisdiction. which Term or Condition is illegal, invalid or non-enforceable, will be removed and removed from these Terms and Conditions and the resulting Terms and Conditions will remain in full force and effect?
31 - Repair service
31.1) We will not be responsible for any commercial loss of the customer or other losses, actions, costs, claims, consequential damages, expenses or other liabilities that arise through direct or indirect claims made by any of the parties against us or its Clients, As a result of any repairs we make or the late delivery of services or products.
31.2) No fixes / No charge. If we cannot repair the Products, we agree not to charge the Customer (excluding shipping costs). A test report may be charged if requested.
31.3) We accept to make all reasonable efforts to repair or repair the products and / or remedy any failure in the Product as reported by the Customer.
31.4) There are situations in which a Customer will have several units in which he is not sure of what state he is in. We can quote a test service, which will not include any Repair. With these reports, the Client can request a quote for Repairs.
31.5) We will quote the cost of the repair with the information available at the time of the requested quote. Once we have received the Products and inspected the item, if it is not possible to repair the unit for the agreed price and an "elevation" of the repair price may be required to continue, in these circumstances, the customer will be informed of the reasons for this. , and the new repair price will be quoted. If the Customer rejects the increase, the unit will be returned as "Repair beyond the economic" at no cost to the customer (excluding shipping costs). If the Client requires a copy of the test results, this is possible where available and will be charged the test fee in lieu of the Repair Fee (see 32.4).
31.6) We reserve the right to declare Products as "Beyond repair".
31.7) Any repair is subject to the availability of the necessary parts.
31.8) If products are to be held on hold or for any other reason, the Customer will be notified as soon as reasonably possible and we will not be held responsible for delays.
31.9) During the inspection stage, if the cost of the parts required to complete a repair exceeds the repair price, this cost may be passed to the Customer in the form of a price increase in the repair. In this case, the pieces will not be ordered until the confirmation of the Client accepting the high repair price is received. If the Customer rejects the increase, the Products will be returned as "Repair beyond the economic" at no cost to the Customer (excluding shipping costs). If the Client requires a copy of the test results, this is possible when available and will be charged the test fee instead of the Repair Fee.
31.10) Parts and components used to repair or provide other services in the Products may be new or reconditioned. The reconditioned parts will meet the same factory specifications as the new parts and will be their functional equivalent.
31.11) The Customer must delete or make a backup of any information / configuration stored in the Products before sending us the product.
31.12) All data / settings will be removed from the Products during the normal repair process.
31.13) We are not responsible in any way, including consequential damages, for any information stored in the Products that is lost, deleted or inaccessible.
31.14) We do not guarantee that the Products will be updated to the "latest" software version due to copyright and licensing issues.
31.15) Sometimes it may be necessary to update or degrade products due to ITECH / software incompatibilities. If there is a license cost associated with this, we will contact the Client for approval.
31.16) It is the responsibility of the Customer to ensure that all Products are shipped complete with any internal / external flash / flash / memory card. If the Products are found to be incomplete, the Products will be tested with "reference" parts, which will then be deleted before being sent to the Customer.
31.17) The warranty will not cover defective products due to missing memory / flash / flash cards.
31.18) Software problems are not covered by the warranty and will be charged at the full price of the repair.
31.19) We provide a warranty period of 12 months on the actual repair; this does not cover the whole unit.
31.20) Any warranty claim must be reported in writing within this period, quoting the serial number using our standard RMA procedure. (See clause 11)
31.21) It is vital that the Client's insurance covers the transportation of Products from the Client's facilities to our repair center and vice versa. We will make every reasonable effort to notify Customers within 48 hours of any damage to the Products arriving at our facilities.
31.22) At the time of the Inspection, when the Products were found "No Faults Found" (NFF), courtesy communications are sent to the Client to notify them that no faults can be found, and it is possible that more information is required.
31.23) If no contact is made by, or on behalf of the Client, with respect to the resolution of an NFF, the Products will be quarantined for a period of ten days. In case a response is not received after this time, we will return the Products to the client, since NFF and the goods will be charged the total price of the repair.
31.24) All products are subject to a minimum soak test period of 2 hours unless an intermittent failure is suspected, in which case the Products may enter the extended soak test for up to 5 days (depending on the type of product, etc.).
31.25) In the event that the Customer requests products urgently during the prolonged soaking tests, the terms of the warranty may be affected. The client will be informed if the "delivery time" of the products will be affected due to prolonged soaking tests.
31.26) Repaired products will be returned to the customer within five business days after the date of the inspection. If for some reason we cannot do so due to unforeseen circumstances, we will inform the Client of any possible delay.
31.27) Whenever possible, the Client must always include details of the suspected failure of the Products, failure to do so may affect the quotation and / or the response time.
31.28) We accept (when possible) include diagnostic / test reports generated from the Products once repaired. We reserve the right to protect our intellectual property by not being specific as to which parts (if any) have been replaced, and / or the specific actions taken to affect a repair.
31.29) The Customer shall bear the cost of transportation of Products to and from the Customer's location. Transportation costs will be invoiced to the Customer. Clients will pay these costs whether the Client has refused to accept a quote for the services of those Products, and whether the services are performed on the Products.
31.30) The products must be packaged securely to ensure protection against physical damage and electrostatic discharge.
31.31) All modules within the chassis-based products must be removed unless they are specifically included in the purchase order and require proof / repair. 32- General
32.1) Nothing in these Terms and Conditions affects your legal rights as a Consumer.
32.2) If any provision in this Agreement is held to be invalid or unenforceable, it will be considered separate from the Agreement and this will not affect the validity or enforceability of the remaining provisions.
32.3) Any waiver of a breach of this Agreement must be in writing. These Terms and Conditions set forth the entire agreement between the parties with respect to this subject and supersede previous oral and written communications between the parties with respect to the subject matter of these Terms and Conditions. These Terms and Conditions may be modified only by writings duly signed by authorized representatives of both parties.
32.4) You agree that these Terms and Conditions must control, despite conflicting or additional terms in any Purchase Order, sales acknowledgment, confirmation or other document issued by either party. When these Terms and Conditions may conflict with any other document, these Terms and Conditions will take precedence.
• 32.5) Any variation of this Agreement must be in writing and signed by a duly authorized official.
• 32.6) Headings are for convenience only and will not affect the interpretation of this Agreement.
• 32.7) Any notification delivered under this Agreement will be in writing and will be sent (I) by first class prepaid mail to the last known address of the party; or (ii) by fax to your last known fax number; or (iii) by email to the last notified email address of the party.
• For any other question or inquiry, please contact us by phone or email.