PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS AN ARBITRATION CLAUSE.
This Agreement contains the terms and conditions that apply to your (“Customer”) purchase from Dell Financial Services Canada Limited (“DFS”) for the used computer systems and/or related products (“Products”) sold by DFS on the or other auction websites (“Websites”) or through a DFS sales agent. By purchasing the Products, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS OTHERWISE AGREED IN WRITING BY DFS AND CUSTOMER. These terms and conditions are subject to change without prior written notice at any time, at DFS’ sole discretion.
ALL PRODUCTS SOLD BY DFS PURSUANT TO THIS AGREEMENT ARE USED, AND CONTAIN USED PARTS.
Payment Terms; Orders
Payment in full must be received by DFS prior to shipment of the Products. Orders are not binding upon DFS until accepted by DFS (as evidenced by shipment of the Products). DFS is unable to make address changes, cancels or updates after the order is placed.
Shipping Charges; Taxes and Other Related Fees
Separate charges for shipping and handling will be assessed on all Products. Customer is responsible for sales and all other taxes and fees associated with the purchase. All orders must be signed for, no holds or redirects allowed. Returns for incorrect address or refusal of delivery may result in a restocking fee.
Title; Risk of Loss
Title to the Products passes from DFS to Customer on shipment from DFS’ facility. Loss or damage that occurs during shipping by a carrier selected by DFS is DFS’ responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
Customer acknowledges that the Products and Software sold under this Agreement, which may include technology and encryption, are subject to the customs and export control laws and regulations of Canada and the United States (“U.S.”) and may also be subject to the customs and export laws and regulations of the country in which the Products or Software are made or received. You agree to abide by those laws and regulations. Customer shall indemnify and hold DFS harmless against any claims, damages or losses incurred as a result of Customer’s failure to comply with the Act or terms contained herein. DFS reserves the right to terminate any purchase or this Agreement if Customer fails to comply with the Act or the terms contained herein.
DFS has no right, title, or interest in any software that may be contained in or a part of the Products. Title to software will remain with the applicable licensor(s). Any rights that Customer may have with respect to the software shall arise only pursuant to license agreements (“Licenses”) between Customer and the licensor(s), which Licenses may be contained within the packaging associated with the Products. Customer agrees to use all software in accordance with the Licenses.
PRODUCTS ARE SOLD WITH A LIMITED WARRANTY, THE TERMS OF WHICH CAN BE FOUND HERE
Subject to the following requirements, Customer may return the Products within thirty (30) days from the date of shipment and obtain a credit or refund of the purchase price paid less shipping and handling and any applicable restocking fees (as detailed in Section 9). To return the Products, Customer must call DFS at (800) 891-8595 to receive a Credit Return Authorization. Customer must ship the Products to DFS in the original packaging and insure the shipment or accept the risk of loss or damage during shipment, all of which shall be at Customer’s expense. The original sales invoice(s) must accompany the returned Products. To be eligible for return, the Products must be in same condition as when shipped to Customer and all of the manuals, power cords, software and other items shipped with the Products must also be included. No returns will be allowed for Products that are damaged while in Customer’s possession or control. FROM TIME TO TIME, DFS MAY, IN ITS SOLE DISCRETION, EXCHANGE PRODUCTS OR PORTIONS OF A PRODUCT.
Unless the product is defective (as reasonably determined by DFS) or the return is a direct result of a DFS error, DFS will charge a restocking fee of 15% of the purchased price paid.
Limitation of Liability
DFS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS AGREEMENT. DFS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. DFS’ SOLE LIABILITY FOR ANY CLAIMS, WHETHER BASED IN CONTRACT OR TORT, AT LAW OR IN EQUITY, FOR ANY LOSS OR DAMAGES ARISING, RESULTING FROM, OR CONNECTED WITH THE PRODUCTS, THE WEBSITES AND THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE ACTUAL AMOUNT OF SUCH LOSS OR DAMAGE OR THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM.
Applicability of Limitations on Warranties and Remedies to Certain Customers
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply and Customer may have additional rights to those contained herein.
Applicable Law; Not For Resale
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE DEEMED TO HAVE BEEN MADE IN THE PROVINCE OF ONTARIO AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE PROVINCE OF ONTARIO AND THE APPLICABLE LAWS OF CANADA. THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF THE PROVINCE OF ONTARIO. Customer agrees to comply with all applicable laws and regulations, including all applicable government export laws and regulations including those which apply to export of data. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this Agreement or to enter an order for Products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by both Customer and DFS.
The section headings used herein are for convenience of reference only and do not form a part of this Agreement, and no construction or inference shall be derived therefrom.
If any provision of this Agreement shall be illegal, invalid or unenforceable to any extent under applicable law, such provision shall be fully severable. The remainder of this Agreement will remain in full force and effect and will not be terminated.
Except where expressly prohibited by applicable statute, ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) YOU MAKE AGAINST DELL, its agents, employees, officers, directors, successors, assigns or affiliates (collectively for purposes of this paragraph, ”Dell“) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships between the parties, whether pre-existing, present or future, (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Dell’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION at ADR Chambers pursuant to the general ADR Chambers Rules for Arbitration located atwww.adrchambers.com. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Where you are located in a province where a statute expressly indicates that an arbitration requirement will not apply to you, as a consumer, you agree to solely make any claim against Dell in a small claims court located in Ontario or in the province in which you reside. Notwithstanding the provisions in this Section 16 or anywhere else in this Agreement, Dell shall have the right to seek and obtain any provisional or interim relief from any court of competent jurisdiction to protect its trade-mark, property rights or confidential information or to preserve the status quo..
Other Product Information
Refurbished Dell computers, Dell used computer products and supplies limited to stock on hand. No rain checks. Pricing, specifications, and availability valid in Canada only and subject to change without notice. Taxes, fees, shipping, handling and any applicable restocking charges, other than free Dell shipping offers, if applicable, are extra and vary. Special offers on refurbished Dell computers not necessarily combinable. Dell deals and Dell discounts cannot be retroactively applied. The DFS site and special offers on refurbished Dell computers and used Dell computers contained herein valid only for end users and not resellers and/or online computer auctions. DFS cannot be responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Due to used Dell computer supplies being limited to stock on hand, DFS reserves the right to cancel any used Dell computer equipment orders in which the payment method used is not authorized within two business days of the order processing. Your Dell order is subject to cancellation by DFS, at DFS’ sole discretion. If orders for Dell computer systems are cancelled by DFS, all Dell computer equipment, Dell computer parts, and related item(s) will be returned to stock.