Terms of Engagement
Last Revised: 09/25/2016
Razelle expects all our customers to read our engagement and Terms of Sale policy. Razelle invites any of our customers to contact us for clarity on our policies.
TERMS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from Razelle entity named on the invoice (“Razelle”) that will be provided to you (Purchaser) on orders for computer systems, related products, services and support sold in the United States. By accepting delivery of the computer system(s), other products and or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY, UNLESS (i) THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH Razelle, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) OTHER Razelle STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change and will take effect upon posting on Razelle’ website of the update to the terms and conditions.
Quotations are subject to acceptance within 30 days. Quotations are based on the cost of products and/or services, labor and materials on the date of the quote. If changes occur in cost of materials, labor, or other costs prior to acceptance, or if the customer requires changes in the shipping subsequent to acceptance, the right is reserved to change the price quoted. Unless otherwise confirmed by us in writing, all prices given are exclusive of applicable State sales tax.
PRICING, SPECIFICATIONS & AVAILABILITY
Prices, specifications, and availability of products are subject to change without notice. Changes will not affect orders that have already been accepted. Due to the volatile nature of the computer market, descriptions may not reflect current technical information. Any typographical, photographic, or specification error in product, pricing, or offers is subject to correction. Published prices do not include shipping and insurance. By submitting your order, you agree that you selected the service you believe meets your needs to the best of your ability. If it is found that your ordered service does not match your issue, Razelle will charge a $29 fee for diagnosing the correct issue and contact you with an updated price and service. If you agree with the new price and service, Razelle will refund the difference (if any) and refund the $29 fee and proceed with service. If you decline the new price and service, Razelle will refund your service, and charge a $29 diagnostic fee and return your device to you.
In the event of stock unavailability, if a customer has chosen to purchase and wait for stock, the prices are fixed at the time of sale.
PURCHASE & SALE
The party whose name appears after the heading (Bill To:) is the Purchaser, and hereby orders from Razelle. (Razelle), the product(s) listed on the order invoice. Razelle agrees to sell the product(s) upon the terms and conditions contained in this document. Purchaser shall be deemed to have agreed to all terms and conditions contained in this document, if Purchaser fails to object thereto in writing, before the earliest of the following times: (I) When Purchaser pays for the product(s), or, (II) When Purchaser accepts delivery of the product(s).
Purchaser shall pay the total purchase price plus any applicable shipping and handling as specified on the invoice and any sales, or other applicable taxes levied on or measured by such purchase price, or arising from the use of the product(s) and any parts or maintenance supplied, including, without limita-tion, any additional sales, use, gross receipts, privilege, excise, value added, or personal property taxes unless otherwise specified in writing in this document.
ORDERS FOR COLLECTION
Customers must collect all orders within two months of the invoice date.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Razelle reserves the right at any time after receipt of your order to accept or decline your order for any reason. Razelle reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item unless total fulfillment of product is specified on the order. We may require additional verifications or information before accepting any order. Dispute of Charges is not acceptable. If there is anything wrong with the merchandise, please contact customer service for more information.
ORDERS FOR DELIVERY
Delivery of the Goods shall be made by us or regular ground postal service to the address for delivery shown in the Order Form. Customer must ensure delivery address is accurate and complete. Goods delivered in accordance with Customer’s delivery instructions; Customer is responsible for the same. Razelle responsibility for everything other than damage due to negligence or due to a manufacturing design or design fault will cease upon delivery.
Razelle will do all that is reasonably possible to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. Razelle cannot be held responsible for delays beyond our control. If we are unable to make the delivery date Customer will be contacted. If delivery cannot be made within 30 days of the given delivery date Customer will be entitled to either arrange a revised date or cancel the order and receive a full refund.
If the order is a multiple order and cannot be delivered as a whole order, Customer will be informed and can arrange to have multiple orders delivered on mutually agreeable dates. In this instance delivery will be said to be made in installments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the installments in accordance with these conditions, or any claim by you in respect of any one or more installments will not entitle you to treat the contract as a whole as repudiated.
If Razelle fails for any reason within its control to fully/partially deliver Customer Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
Purchaser shall inspect the product(s) at the time of collection and shall notify Razelle of any defects or discrepancies within seven (7) days of the receipt of product(s). Absent such notification, Purchaser shall be deemed to have accepted the product(s). Razelle is not liable for any damage caused once product(s) are deemed accepted.
Any defective product(s) that are returned to Razelle must be adequately and securely packaged by Purchaser prior to shipment. Purchaser must include original box, packaging, all manuals, drivers and accessories and original receipt for all refunds, exchanges, and warranty repair services.
A $35 labor fee will be assessed if the products are returned and found to be non-defective.
Razelle reserves the right to replace defective parts with equivalent parts, new or refurbished, as Razelle deems necessary. Razelle will refund purchases within seven (7) days of receipt in most instances. We reserve the right to withhold any refund after 7 days.
Products that have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Razelle, are not covered by this warranty. Any alterations, additions, improvements or attachments to the product(s) not authorized in writing by Razelle shall be deemed to be a waiver of this warranty by Purchaser and shall render this warranty null and void. Razelle shall return repaired or replaced product(s) to Purchaser, at its expense, via regular ground service within the 48 contiguous United States. Shipping charges by all other me-thods and to all other destinations shall be borne by Purchaser. The warranty does not extend beyond the original purchase of product(s) from Razelle. Any equipment used in conjunction with products purchased from Razelle is not covered under this warranty.
Claims for defective products over 7 days from date of invoice are not covered under this policy. Defective products and claims over 7 days from the date of invoice must be filed by customer service. No exchange, refunds or swap-overs are permit-ted for fault claims over 360 days.
Acceptance of purchased returns that are free of defects is purely at Razelle’s discretion. Refund of this purchase will be by way of a credit note only. A 10% handling fee with a minimum of $10 will be charged.
Due to the nature of Software and Games, we are only able to offer a refund for these items if they are unused. The unique license must not have been activated. Refunds on software and games that have been opened, used or activated are available only if the disk is faulty or damaged.
Goods or services sold via our Curate service that are sold as New condition are subject to our normal 15 day return period. Our "Any day, any reason" return policy allows you, the customer, to return your Curate order within 15 business days, as long as the order is not physically damaged, misused, or attempted return fraud. Razelle reserves the right to deny any refund for any reasons, but will do its best to accommodate in any way possible. Please review our Limited Warranty policy below to learn what is not a valid reason for return or exchange.
Goods or services sold via our Curate service that are sold as used, or in any way not new condition are sold in "as is" condition. Razelle ensures that the order is complete and in fully working condition, or is up to specifications and matches all specifications described to the customer. Razelle does not allow returns, exchanges, or provide warranty on any used goods or services sold via Curate. Special accommodations may be made, but will be determined on a case by case basis.
LIMITED HARDWARE WARRANTY POLICY
A Limited Hardware Warranty generally provides a warranty that the Product is free from material defects in materials and workmanship that cause product failure during fair and reasonable usage of the Product for the warranty period.
Generally, a Limited Hardware Warranty does not apply to product failure due to, but not limited to, the following reasons:
• Improper installation or handling or non-compliance with instruction manual or other warranty provider instructions.
• Accident, abuse, misuse, neglect, normal wear and tear, corrosion, physical damage, rusting and staining, and all other forms of improper usage.
• Damage from external causes and natural disaster, such as flood, storm, fire, sand, dirt, earthquake, an Act of God, exposure to sunlight, weather effect, lightning, moisture, water, liquid, heat, vibration, corrosive environment, electrical surge, battery leakage, theft or damage caused by the connection to other products not recommended for interconnection.
• Any Product that has had its serial number altered, defaced or removed.
• Insufficient or excessive electrical supply.
•Abnormal mechanical or environmental conditions.
• Unauthorized disassembly, alterations, repairs or modifications.
• Damage to the Product or it being rendered ineffective due to putting in, using, or attempting to put in or use, products/modules/parts/components that are: (i) not designed to specifications provided in the user guide or at our web site, (ii) incompatible with the Product, and/or (iii) counterfeit products/modules/parts/components. Whether a product/module/part/component is incompatible or a counterfeit shall be at our sole determination.
• Installation of any incompatible third party application or any corrupted application or content that affects the Product’s software or firmware.
• Damage or loss of data due to (i) interoperability with current and/or future versions of operating systems or other current and/or future soft-ware and hardware, (ii) a computer virus, worm, Trojan horse or memory content corruption, or (iii) malfunction of or defect in the Product.
• In the case of communications products, the use of the Product outside the borders of the country that it is intended for (as indicated by any lo-cal telecommunication approval stickers).
Any new, unused, unsold, undamaged product that proven to be defective within 7 days of the invoice date shall be deemed as dead-on-arrival ("DOA"), subject to verification by Razelle.
DOA products MUST be claimed with Razelle within 7 days of the invoice date. All product(s) requested and authorized as return for DOA (Dead on Arrival) must be received by Razelle within the 14 (14) days of original purchase date.
Razelle reserves the rights to repair, exchange or issue credit to Purchaser on DOA product.
CANCELLATION & RETURNS POLICY
If Purchaser purports to cancel an approved order and wrongfully refuses to accept the product(s), Purchaser shall pay to Razelle a sum equal to twenty five(25) percent of the sales price and, if shipment has been made, Purchaser shall also reimburse Razelle for all cost of shipment. Notwithstanding the foregoing, if Purchaser attempts to return the product(s) without legal excuse, Razelle may, in its discretion, refuse delivery and pursue its remedies hereunder and under applicable law, which shall include, for example, the right to file a legal action against Purchaser for the full purchase price and incidental damages suffered by Razelle.
Full payment is due on collection and goods will not be released to Purchaser until payment has been made. For orders requiring shipment, advanced payment of order including shipping against a supplied proforma invoice is required. Services have a grace period of seven (7) days of the due date defined on the invoice/bill before payment is required. Razelle only accepts credit card, check or PayPal as payment methods. Online, phone and mail in payments are accepted. Mail in cash is not accepted. Bounced checks will add a $35 fee to the outstanding unpaid invoice total. Razelle has the right to refuse checks as a form of payment method after one (1) check bounce per client which will be determined on a case by case basis.
JURISDICTION AND VENUE
Buyer agrees that any legal action brought against Razelle shall be governed by the laws of the State of Ohio without regard to its conflict of law principles. Purchaser agrees that the sole jurisdiction and venue for any litigation arising from orders made to Razelle shall be an appropriate federal or state court located in United States, Ohio.
If any term contained in this document is held invalid by a court of competent jurisdiction, such holding shall not affect the validity of any other term. This document and all questions of interpretation, performance, enforcement and the rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of Ohio, USA. Any legal action or proceeding arising from or related to this document or the transaction de-scribed herein shall be brought and maintained in State of Ohio, and the parties consent to the jurisdiction of these courts.
Razelle may amend any terms and conditions at any time and take effect upon posting on Razelle’s website. This document sets forth the entire and final understanding of Purchaser and Razelle pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and shall not be amended except by a written agreement signed by both parties. Razelle’ agents have no authority to make representations, warranties or promises, which are not contained in this document. The failure of either party to enforce at any time, or for any period of time, the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.
Our technicians fix computers every day and as such, we are very aware of the realities of computer repair. Razelle fixes computers for both business users and home users and this short document is made to inform you, as a Home or Business User, of the realities of computer repair so that our technicians can provide you with the best possible service. Please read these few pages carefully and don’t hesitate to contact us if something isn't clear.
A Home User is a person who uses their computer at home for personal use. This means that you do not have any work or business related files on your computer. If you do have one or two work or business related files on your computer, we may still be happy to fix it for you, but you acknowledge that we do not take any responsibility for any consequential loss which may arise out of damage or destruction of those files which may occur, despite our best efforts. Computers are complicated machines and as with anything complicated, things can always go wrong. No matter how much care our technicians take when they are fixing your computer, there is always a chance that something unexpected can happen resulting in the loss of information (data) or damage to hardware. This is especially true if your computer is in a precarious state to begin with.
As such our technicians follow a routine to ensure as far as possible that:
a) You do not lose any valuable data and,
b) You are aware of the choices available to you if there is a chance you will lose the data contained on your computer.
Essentially, there are two types of problems with computers:
1. Those that originate as a result of faulty hardware; and
2. Those that originate as a result of a software problem.
Hardware: Problems originating from faults within the physical structure of a computer are usually more serious than those created by software errors. If something has gone wrong with your computer’s hardware, then the defective part will most likely need to be replaced. If the defective part (such as a hard drive, CD or Floppy Disk) contains data, then there is a high probability that this data has been lost and cannot be recovered. In certain cases, where it may be possible to resurrect your data, and you would like us to try and save it, we may need to take your computer back to our HQ in order to try and retrieve it. Please remember that because hardware faults (especially hard drive faults) are potentially the most dangerous to your data, our technicians make no guarantee that they will be able to recover your lost data.
A Business User is a person who uses their computer for business use whether it’s at home or in an office. This means that you have work or business related files on your computer. While we always try our hardest to avoid it, Razelle does not take any responsibility for any consequential loss which may arise out of damage or destruction of those files which may occur, despite our best efforts.
If your problem has arisen as a result of software errors, our technicians always recommend that you perform a backup of all your important data before any fix is attempted. As with hardware, in some cases it is possible that data has been corrupted to the extent that it has been lost. Software errors are usually only a concern for our technicians if important system data such as files that the operating system uses in order to operate have been affected. To use the analogy of a boat, if the hull is seriously damaged then it may need to be rebuilt, or if there is only a small leak then it can be repaired. Some cases require a fresh start (an event called a “format”) in order for us to leave you with a stable and working computer. If a format is required, then our technicians will need you to supply them with the installation disks for your operating system (Microsoft Windows XP, Windows Vista etc.) along with its product key. In addition, if there is any other software or devices that you would like our technicians to install in the event of a format, then you will need to provide us with the appropriate installation and product registration keys. Razelle can only use original purchased software and / or registration keys.
a) I understand the information provided above and I am aware of the potential loss of data or damage to hardware or software that may occur as a result of my computer fix.
b) I acknowledge and agree that Razelle rely on information I have provided them for repairing my computer. I acknowledge that Razelle will accept no liability for any loss or damage to my computer (including hardware or software) which arises out of incorrect or incomplete information provided by me.
c) I acknowledge and agree that Razelle will perform the computer repair services with due care and skill, but further acknowledge that the liability of Razelle for any loss or damage to my computer (including hardware and software), however caused, is limited to supplying the service again.