| ||TERMS OF SALES (TOS) |
1. LIMITS OF AGREEMENT.
The terms and conditions as set forth herein as well as any additional terms and conditions that may appear on the face hereof shall constitute the entire agreement between GameBaz.com ("Seller") and Buyer. Seller will not be bound by any terms of Buyer's order that are inconsistent with the terms herein. Acceptance by Buyer of these terms may be made either (a) by written acceptance, or (b) by receipt by Buyer of delivery of any products described on the face of this Form ("Products"). The Agreement shall not be modified except in writing, signed by the parties hereto. No waiver by Seller of any default or provision hereof shall be deemed a waiver of any subsequent default or provision.
2. PRODUCTS PROVIDED AND PRICE.
- Unless otherwise provided on the front of this form, products furnished hereunder shall be newly manufactured products but may contain components which have been previously used in other product units. Any such previously used components have been disassembled, reprocessed and reassembled, as appropriate, and meet or exceed the Seller's specifications for newly manufactured components.
- The price of all Products unless otherwise specifically stated on the face hereof is excluding shipping & handling charges for shipment.
- Prices and orders do not include any sales taxes or customs duties which may apply upon arrival of the products. The Buyer agrees to bear any of those charges.
- Prices quoted are for the Products and services described on the face hereof only and do not include technical data, proprietary rights of any kind, patent rights, qualification, environmental or other than Seller's standard tests unless expressly agreed to in writing by Seller.
3. PAYMENT TERMS.
Seller processes only orders which have been paid in full via one of our accepted payment means. If Buyer fails within 3 days of Seller's demand the Buyer to perform the payment, Seller shall be entitled to cancel any order then outstanding, and where applicable, to receive reimbursement for its reasonable and proper cancellation charges and may proceed to collect, without limitation, any sums due and owing, its reasonable cancellation charges and all damage resulting from Buyer's default.
4. TRANSPORTATION AND RISK OF LOSS.
Unless otherwise agreed to in writing by Seller, all shipping shall be at the expense of Buyer, Seller reserving the right to ship Products freight collect and to select the means of shipping and routing. Unless otherwise advised, Seller may insure to full value of the Products or declare full value thereof to the transportation company at the time of delivery and all such freight and insurance costs shall be for Buyer's account. Risk of loss or damage shall pass to Buyer upon delivery of the Products to the transportation company. In case of any loss, an amount not exceeding the full purchase price (including shipping costs) will be refunded to Buyer ONLY AFTER a successful claim with the transportation company has been made.
If so requested by Buyer and if the insurance option is available, Seller will obtain insurance for its Products covering their delivery to Buyer and Buyer agrees to reimburse Seller for the cost of providing such insurance. Confiscation or destruction of, or damage to Products shall not release, reduce or in any way affect the liability of Buyer.
Notwithstanding any defect or nonconformity, or any other matter, such risk of loss shall remain in Buyer until the Products are returned at Buyer's expense to such place as Seller may designate in writing. Buyer, at its expense, shall fully insure Products against all loss or damage until Seller has been paid in full, or the Products have been returned, for whatever reason, to Seller.
Seller will attempt to meet shipment schedules. However, any shipment quotation or forecast on an order acknowledgment is only an estimate of the time required to make shipment and Seller will not assume liability, consequential or otherwise, because of any delay or failure to deliver all or any part of any order for any reason, including its active or passive negligence. Seller reserves the right to allocate inventories and current production in any way it deems desirable.
6. INSPECTION AND ACCEPTANCE.
The Buyer shall have the right to inspect the goods upon tender of delivery. Failure of the Buyer to inspect the goods and give written notice to the Seller of any alleged defect or nonconformity within thirty (30) days after tender of delivery, or seven (7) days after the arrival of goods to Buyer, whichever is earlier, shall constitute an irrevocable acceptance by Buyer of the goods delivered to him. Notwithstanding the foregoing, use of any such goods by Buyer, its agents, employees or licensees, for any purpose after delivery thereof, shall constitute acceptance of the goods by Buyer.
The Products may not be returned to Seller without first obtaining Seller's consent. The request for return must be filed with Seller and shall include the Order ID and any other identifying numbers. Products shall be returned in a clean, well packaged condition. No replacement on defectives will be made and no replacement for defectives will be shipped in any event, unless the alleged defectives are, among other things, established to Seller's satisfaction after suitable testing and inspection by Seller. Returns are only applicable for defective goods within a period of one (1) month after the purchase date.
Software purchases and video game products are excluded from any return or refund unless the software is wrongly delivered to Buyer and being in a sealed and brand new condition. Under any circumstance, no exchange or return on software will be offered once the package is opened. For software purchase, Buyer is responsible to make sure his hardware or game console is compatible with the software purchased from Seller. No exchange or refund will be offered due to incompatibilities of Buyer's hardware or game console. Buyer shall refer to the compatibility information displayed in the product information pages.
Buyer agrees to bear any shipping charges for the return of any items. Seller agrees to return the exchanged items at his expense which will not cover any applicable custom duties or taxes. Seller will not compensate any return shipping costs or even custom duties and taxes. Applications for tax returns of returned products are available at local custom office departments and Seller is responsible to perform such application if necessary.
Any order, once accepted by Seller, shall not be subject to termination except on terms that protect Seller against loss. Any order becomes no longer cancelable once a certain order status has been reached, this is usually once the product has been paid for, the credit card has been charged or once the order has been shipped out. If the order will be cancelled at any of those stages, Buyer agrees to pay a cancellation fee of a 30% which will be deducted from any refund. Further Seller will deduct any additional charges from refunds in case of exceptional cancellations, such as refuse of delivery. Those additional charges include shipping fees, return shipping prices as well as customs duties.
9. LIMITED WARRANTY - LIMITATION OF REMEDIES.
- Being a retailer but not the manufacturer of Products, Seller and does not make representations or warranties on the products sold to Buyer. Warranty of products, if any, are the responsibility of the product's manufacturer. Warranty terms vary by manufacturer and product. Buyer is advised to contact the manufacturer or visit the manufacturer's web site to determine warranty coverage prior to making a purchase.
Subject to the terms and conditions herein, Seller warrants, for a period of six (6) months from delivery, to assist Buyer to contact with the corresponding manufacturer of Products, and to assist in arranging the transportation or forwarding of Products that need service to the manufacturer.
This warranty does not cover:
- Shipping damage. (Please refer to Paragraph 4 above for terms in relation to insurance of shipment)
- Unpacking and/or removal of protective shipping material.
- Service required as a result of improper installation, incorrect or insufficient AC supply voltage.
- Installation, set up, or adjustments of consumer controls.
- Any owner than the original Buyer.
- Damage from modification or incorporation into other products.
- Any failure, loss, damage or personal injury due to accident, neglect, or abuse by the consumer or to improper operation, maintenance or storage or to alteration or to failure to follow normal procedures as outlined in the instruction manual.
- If the original factory serial number has been removed, defaced, replaced or tampered with in any way.
- Transportation charges incurred in connection with warranty service.
- Repair or replacement of warranted parts by other parties without Seller's consent.
- Usage for Commercial applications.
- This warranty is the only warranty made by Seller with respect to the Products and no representative or person is authorized to bind Seller for any obligations or liabilities beyond the warranty in connection with the sale of Seller's goods. This warranty is made to the original purchaser only at the original location and is nontransferable, and may only be modified or amended by a written instrument signed by a duly authorized officer of Seller.
- These remedies are available only if Seller is notified in writing by Buyer promptly upon discovery of the defect, and in any event within the warranty period for the individual Product, Seller's examination of such goods discloses to Seller's satisfaction that such defects actually exist and the goods have not been (i) repaired, worked on, or altered by persons not authorized by Seller so as, in Seller's sole judgment, to injure the stability reliability, or proper operation of such goods; (ii) subject to misuse, negligence or accident; or (iii) connected, installed, used or adjusted otherwise that in accordance with the instructions furnished by Seller.
- All Products which Buyer considers defective shall be returned to Seller's office as designated on the face hereof transportation costs prepaid and borne by Buyer (unless otherwise provided on the face hereof). The risk of loss of the goods shipped or delivered to Seller's plant for repair or replacement will be borne by Buyer.
- Any costs for transportation between the Buyer and Seller and to and from the manufacturer which offers guarantee, as well as any repairing charges imposed by the manufacturer, shall be borne by Buyer.
- If it is found that any Product has been returned without cause and is still serviceable, Buyer will be notified and the Product returned at Buyer's expense. In addition, a charge for testing and examination may, in Seller's sole discretion, be made on Products so returned.
- THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES (EXCEPT FOR SPECIFIC WRITTEN PRODUCT PERFORMANCE GUARANTEES) WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SHALL BE THE BUYER'S SOLE REMEDY AND SELLER'S SOLE LIABILITY ON CONTRACT OR WARRANTY OR OTHERWISE FOR THE PRODUCT.
10. SELLER'S RIGHTS TO SUBCONTRACT.
Seller may subcontract any portion of the work on any item subject to this Agreement, but Seller's obligations and rights hereunder shall not thereby be limited or affected.
Stenographic and clerical errors are subject to correction and Seller is indemnified to any such errors.
12. APPLICABLE LAW; JURISDICTION AND VENUE.
This agreement will be governed by the laws of Hong Kong Special Administrative Region (HKSAR). The courts of the HKSAR will have exclusive jurisdiction and venue over any dispute arising out of this agreement, and Buyer hereby consents to the jurisdiction of such courts.
13. LIMITATION OF LIABILITY.
- Seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the Products when such delay is due to causes beyond the reasonable control of Seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, fire, explosion or earthquake. In any such event, the delivery date will be deemed extended for a period equal to the delay.
- SELLER'S LIABILITY UNDER, FOR BREACH OF, OR ARISING OUT OF THIS AGREEMENT AND/OR SALE WILL BE LIMITED TO REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCTS OR A REFUND OF THE PURCHASE PRICE OF THE PRODUCTS, AT SELLER'S SOLE OPTION, AS SET FORTH IN PARAGRAPH 9 ABOVE. IN NO EVENT WILL SELLER BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTED PRODUCTS BY BUYER, NOR WILL SELLER BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF PROFIT WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF SELLER ARISING OUT OF THIS AGREEMENT AND/OR SALE.
14. SUBSTITUTIONS AND MODIFICATIONS.
Seller will have the right to make substitutions and modifications at the specifications of Products sold by Seller, provided that such substitutions or modifications will not materially affect overall Product performance.
Any concession or indulgence made by the Seller or Seller's failure to insist on performance of any of the terms and conditions hereto shall not be considered a waiver of any other term, whether the same or similar. No waiver by Seller of any default or provision hereof shall be deemed a waiver of any subsequent default or provision.
Buyer shall defend, indemnify and hold GameBaz, its subsidiaries and affiliates, their officers, directors, employees, and agents harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable attorney and accounting fees, resulting from, or alleged to result from Buyer's use of the Products.