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These Terms and Conditions of Sale (Terms & Conditions) apply to all sales of products and services (Products) by GDK Computer Repair, its subsidiaries and affiliates to you (the Customer).
CUSTOMERS (Definition)
Anyone is eligible to place an order with GDK Computer Repair. Purchasers are classified as resellers, integrators, consultants, service providers, government agencies, healthcare, enterprise, educational and self-service end users (consumers).
ACCEPTANCE
Customers will be deemed to have accepted these Terms & Conditions by placing an order with GDK Computer Repair. GDK Computer Repair's acceptance of Customer’s order is considered Customer’s acceptance of these Terms & Conditions.
MINIMUM ORDER / QUANTITY
GDK Computer Repair has NO MINIMUM quantity or dollar amount on orders for existing customers. However, we ask that you use good judgment. A low valued item or quantity may cost you as much to ship as the items are worth.
ORDER AND SHIPMENT
GDK Computer Repair will not be bound by any terms and conditions set forth by customer unless previously agreed to by Comp-U-Bytes management in writing. Unless otherwise agreed in writing, delivery will be made in accordance with GDK Computer Repair's shipping policy on the date of order. All shipments of Products by GDK Computer Repair will be FOB point of origin. Insurance coverage, transportation costs and all other expenses applicable to shipment from GDK Computer Repair to the Customer’s identified delivery place will be the responsibility of the Customer. Customer must notify GDK Computer Repair, by calling GDK Computer Repair within seven (7) days after delivery of any claimed shortages or rejections. Failure to give such notice of a claim will be deemed an acceptance in full of any such delivery. Approval of any short shipment claim is in GDK Computer Repair"s sole power and discretion. In the event that GDK Computer Repair grants a short shipment claim, GDK Computer Repair will replace the lost or damaged Product or issue a credit memo at its sole discretion.
SHIPPING METHOD
GDK Computer Repair ships all standard orders via Postal Express or United Parcel Service (UPS) GROUND unless otherwise directed/requested. If you would prefer a specific freight carrier please specify when ordering. Requesting carriers other than UPS may cause delays in order processing. For established customers, GDK Computer Repair is happy to ship your order via 3rd party collect. In order to ship 3rd party, your account number along with the billing zip code is required prior to shipment; please specify your requested carrier and information when you order. Please understand, requesting shipment of a 3rd party carrier other than UPS may cause a delay in order processing / shipment. Comp-U-Bytes does not ship outside the continental united states.
DAMAGE CLAIMS
If an item is damaged during shipping please notify the delivery driver immediately. Orders (both verbal and online) made to Comp-U-Bytes are NOT INSURED unless expressly requested in writing. All items must be inspected at the time of delivery. Any failure to notify GDK Computer Repair of a damaged product within 3 days of receipt may forfeit your claim to the shipping company. GDK Computer Repair is not responsible for damaged product that is NOT INSURED. Customer is responsible to retain all packaging material required for inspection by shipping carrier. Failure to do so may result in denial of your claim.
*IMPORTANT*: Even if you suspect damage, write "possible concealed damage" on the freight bill. With this statement you will be able to file a claim with the shipping company should you later discover damage.
PAYMENT
All orders are to be paid in full prior to being shipped. Comp-U-Bytes accepts PayPal, cashier’s check, money orders and personal checks. Personal checks may cause a delay inshipping as the check must first clear our bank before items will be shipped.
PRICING
GDK Computer Repair pricing is established based on our suppliers cost. Prices are subject to change at any time. Published prices will be honored at the time of purchase only.
INVENTORY / BACK ORDERS
GDK Computer Repair does our best to maintain stock levels on most items in our product offering. If an item is out of stock we will notify you immediately and do our best to advise of an estimated ship date based on the delivery schedule provided to us by the manufacturer. In addition, we will do our best to inform you of manufacture delays that we become aware of. Please be assured that we will fulfill your order as soon as possible. If you desire to purchase an item we do not normally stock, or one you do not see on our website we will be happy to special order it for you. Special orders are non-cancelable and non-refundable and require pre-payment in full. We will gladly accept prepaid advanced orders to guarantee future stock.
WARRANTY. Purchases are made at your own risk and all sales are final. GDK Computer Repair makes no warranty on any products it does not manufacture and passes through any manufacturer warranties issued for the products it represents. Warranty returns are subject to the individual manufacturer’s warranty return policy. Warranties vary by manufacturer. Please consult the manufacturer of the product purchased regarding their warranty policy prior to contacting GDK Computer Repair. If the Product purchased is determined to be within the manufacturers’ warranty policy GDK Computer Repair will assist in obtaining warranty service. If you have trouble obtaining the warranty policy from the manufacture, please contact one of our sales people for individual manufacture warranty procedures. BE SMART, some manufacturers require warranties / service contracts to be purchased with their products. GDK Computer Repair is not liable for purchases made of products where warranties are sold as a separate line item(s).
DISCLAIMER AND LIMITATION OF LIABILITY GDK COMPUTER REPAIR MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE PRODUCTS IT REPRESENTS. COMP-U-BYTES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL COMP-U-BYTES BE LIABLE FOR ANY LOSS, DAMAGE OR COST OF OR BREACH OF WARRANTY. COMP-U-BYTES WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY LOSS OF REVENUE, PROFIT, USE OF DATA, INTERRUPTION OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, OR IN ANY WAY CONNECTED TO THIS AGREEMENT, EVEN IF COMP-U-BYTES HAS BEEN ADVISED OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRICIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE. IN NO EVENT WILL COMP-U-BYTES’S LIABILITY TO CUSTOMER EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT THAT IS THE BASIS OF THE CLAIM.
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