Terms And Conditions

LIMITED WARRANTY

Terms & Conditions

This Limited Warranty contains the sole express warranty made by NextGenOEM ("Company") in connection with new desktop and notebook computer systems sold by the Company ("Product"). BY PURCHASING OR ACCEPTING THE PRODUCT, THE BUYER ACKNOWLEDGES THAT THE LIMITATION OF LIABILITY IS PART OF THE TERMS OF SALE, CONSTITUTES A BINDING AGREEMENT, AND MAY BE ENFORCED AGAINST YOU BY THE COMPANY. Any warranties, if separately provided in writing, are extended only to the Buyer whose name is shown on the Company's invoice and/or contract. All products are covered by the manufacturer's warranty, if applicable, and the Company shall not be responsible for any such warranty services or claims, except as set forth herein. The Company shall not be obligated to provide any warranty service or obligations unless the Buyer has paid its purchases in full under this or any other Company invoice.

Warranty Coverage - The Company warrants to the original purchaser that the Product(s) shall be free of any defect in material or workmanship for a period of three years for labor and one year for parts from the date of the original invoice from the Company. Notebooks carry a one year labor and one year parts warranty from the date of the original invoice from the Company. The Company shall have sole discretion in determining whether a Product is covered under the warranty for labor and/or warranty for parts. Should the Product(s) supplied by the Company prove defective by reason of improper workmanship or material as reasonably determined by the Company, the Company agrees, at its option, to either repair or replace the Product free of charge, excluding any shipping or handling charges. The Company shall not be responsible for any software or data installed on the Product originally supplied by the Company. This warranty does not cover software, external devices, accessories, or other parts added to a Company system after the system is shipped from the Company, or accessories or parts that are not installed in the Company factory. Monitors, keyboards, and mice that are included on the Company's standard price list are covered under this warranty; all other monitors, keyboards, and mice are not covered. Any part that is repaired or replaced under this warranty will be warranted only for the remainder of the warranty period of the original product being repaired or replaced.

Disclaimer of Warranties - Except as set forth herein, the Company disclaims all warranties including implied warranties to the extent permitted by law (to the extent they may not be disclaimed, the Company limits the duration of such implied warranties to the duration of this Limited Warranty); the Company disclaims any and all warranties and representations other than those explicitly specified in this contract; any warranties, if separately provided in writing, are extended only to the Buyer whose name is shown on this invoice/contract. Warranties do not cover products damaged by external causes, including accidents, abuse, misuse, improper installation, problems with electrical power, acts of third parties, products that are altered or repaired by anyone not authorized by the Company, usage not in accordance with instructions accompanying the Product(s), or failure to perform required preventive maintenance, including but not limited to backups, problems caused by the use of software, parts, and components not supplied by the Company, weather conditions, lightning, fire, water, or any acts of nature or God. The Company shall not be obligated to provide any warranty service or obligations unless the customer has paid its invoices in full under this or any other Company invoice.

To Request Warranty - You must call within the applicable warranty period. Refer to the telephone number in the warranty materials shipped with your product, or call the Company at (346) 576-8888. For Products not purchased directly from the Company, call 346/576-8888. Should your warranty be approved and verified, the Company will issue a Return Merchandise Authorization (RMA) number, which is valid for fifteen (15) days. Any Product returned to the Company that does not have a valid RMA number visible on the outside of the package will be refused. A product that is not defective will be returned to the sender with C.O.D. freight charges collect. You must ship the product shipping charges prepaid and insure the shipment or accept the risk of loss or damage during shipment. The Company will ship the repaired or replacement products to you freight prepaid if you use an address in the U.S. (excluding Puerto Rico and U.S. possessions). NextGenOEM does not ship or cover the cost of shipping for serviced PCs in or out of the U.S.

Return & Refund Policy - Return & Refund Policy - No return of merchandise will be accepted without first securing a Return Merchandise Authorization ("RMA") number provided by NextGenOEM. The buyer must submit evidence of the purchase date, NextGenOEM invoice number, description of goods including serial and model numbers, the reason for return, exchange, or refund, and the RMA number. NextGenOEM reserves the right to accept or deny the buyer's claim for return, exchange, or damages at its sole discretion.

If NextGenOEM accepts the return and the goods have not been used and are in a resalable condition, a refund will be provided within 30 days for new notebook and desktop computer systems. Returns made after the 31st day will be subject to a fifteen percent (15%) restocking fee. No refund, credit, or exchange is allowed after 45 days from the date of the invoice for all notebook and desktop computer systems, and part purchases.

Please note that opened software, promotional items, game vouchers, services, care options, and engraved products are not eligible for a refund and may not be returned. Software that contains a printed software license may not be returned if the seal or sticker on the software media packaging is broken, downloaded, and/or activated.

All products returned must have the RMA number prominently displayed on the shipping label, and the return freight must be prepaid by the buyer. The returned products must include all original packaging, materials, manuals, and a copy of the invoice. The products must be securely packed and delivered to NextGenOEM in an undamaged condition. All shipping and handling charges are non-refundable.

NextGenOEM reserves the right to refuse or reject returned merchandise if the buyer fails to follow the conditions set forth in this policy.

Shipping the Product - When returning the Product(s) to NextGenOEM, please ensure that they are shipped back in their original or equivalent packaging. It is important to clearly mark the RMA number on the outside of the carton. For a return to be eligible for exchange or refund, it must be complete with all components, manuals, cables, warranty cards, and static bags, just as you received it. If any items are missing from the returned Product, you will be responsible for the cost of those missing items. Please note that NextGenOEM is not responsible for your software and data. It is your responsibility to back up your software and data, and NextGenOEM is not liable for any lost data or software in your Product.

Repair of Your Product - Any parts removed from repaired products become the property of NextGenOEM. During warranty repairs and the construction of replacement products, NextGenOEM may use new and reconditioned parts manufactured by various companies. If NextGenOEM repairs or replaces a product, the warranty term is not extended. NextGenOEM will not reimburse the buyer for any repairs or replacements made by unauthorized parties or individuals not authorized by NextGenOEM.

Delivery & Risk of Loss - The shipment of all Product(s) shall be FOB (Free on Board) point of origin as determined by NextGenOEM. The risk of loss passes to the buyer upon tender to a common carrier, the buyer, the buyer's agent, or employee at NextGenOEM's warehouse or another designated point determined by NextGenOEM. Any shortages or discrepancies must be reported in writing to NextGenOEM within seven (7) days of receipt. Failure to report shortages or discrepancies within this timeframe will be deemed as acceptance of the goods in a satisfactory manner, as determined under the Uniform Commercial Code. It is the buyer's responsibility to report any shortages or damages during transit to the carrier immediately. NextGenOEM disclaims any and all liabilities associated with such losses.

Engraved Product Policy - Products that have been engraved cannot be returned. The 30-day return period does not apply to engraved products. NextGenOEM's limited warranty does not cover the replacement of engraving. In the event that your engraved product receives service under NextGenOEM's limited warranty or any extended service plan offered by a third party, the necessary replacement parts may result in the removal of the engraving on the product.

Limitation of Liability - BUYER'S SOLE AND EXCLUSIVE REMEDY AND COMPANY'S SOLE LIABILITY FOR LOSS OR DAMAGE ARISING FROM PURCHASE OR USE OF THE PRODUCT SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AT COMPANY'S SOLE DISCRETION.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OF USE, REVENUES, OR ANTICIPATORY PROFIT, OR FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE SALE, USE, OPERATION, OR INABILITY TO USE OF PRODUCTS PURCHASED FROM COMPANY TO THE EXTENT PERMITTED BY LAW, COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY LAW (TO THE EXTENT THEY MAY NOT BE DISCLAIMED, COMPANY LIMITS THE DURATION OF SUCH IMPLIED WARRANTIES TO THE DURATION OF THIS LIMITED WARRANTY). IN NO EVENT SHALL COMPANY'S LIABILITY EXCEED THE AMOUNT OF THE PARTICULAR DEFECTIVE PRODUCT PAID BY THE PURCHASER. THIS LIMITATION OF LIABILITY SHALL BE APPLICABLE TO ANY CLAIM PRESENTED, WHETHER THE LEGAL THEORY FORMING THE BASIS OF SUCH CLAIM INVOLVES CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, REGULATION, CONSUMER PROTECTION LAWS OR OTHERWISE.

Governing Law - This contract shall be governed and construed in accordance with the laws of the state of California. Buyer agrees that competent courts in Los Angeles County, California shall have the exclusive jurisdiction over any legal action with respect to this contract. In the event of any dispute related to this contract, the prevailing party shall be entitled to reasonable attorneys' fee and costs.