| Terms and Conditions |
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Agreement:
Price, specification, availability, and terms are subject to change without notice. linkbyte.com is not responsible for errors in typography and/or photography and reserves the right to supply an equivalent part. All parts come with original manufacture warranty and no technical support. Customer pays shipping on all services.
linkbyte.com accepts the following Payment Methods:
-Visa
-Mastercard
-Discover
-American Express
-Prepaid Company Check, Personal Check, Cashier Check, Money Order or Wired Transfer (ask store@linkbyte.com for information). All checks are payable to Linkbyte Software Inc.
We will ship ONLY within US (no international order please). You can contact us at store@linkbyte.com for details. All shipment should go to the credit card holder's billing address.
Online Security
Security is our number one priority. All on-line transactions are sent through our secure server and encrypted with 128-bit technology.
Technical Assistance
For most products, please contact the original manufacturer for assistance. linkbyte.com does not provide tech support.
Processing Time
You can expect your order to be processed within approximately one to two 'business' days, provided the items are in stock and there are no problems with the payment verification. We do not guarantee same day shipping. Orders will not be processed on weekends and holidays.
Order Status
linkbyte.com may not keep you informed of your order via e-mail. Your order number will be emailed to you once the item is shipped. You may also check online for live updates through your account.
Change Orders
You may request a change to your order, provided your order has not already been processed. Please send email to store@linkbyte.com and call us at 404-596-8858.
Cancel Order
You may cancel your order, provided your order has not already been processed and shipped. Please send email to store@linkbyte.com and call us at 404-596-8858.
Purchase Agreement
By accepting delivery of any product delivered from linkbyte.com, you ('Customer') agree to be bound by the terms and conditions listed here. You and linkbyte.com agree that the terms and conditions are the exclusive terms governing the sales transaction between Customer and linkbyte.com. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from linkbyte.com.
Return Policy
You may return or exchange the items you purchase from store.linkbyte.com (less the shipping and handling fee) within 30 days of invoice (except Notebook, CPU, memory, and motherboard, or open software).
(1) All Return items must have the original packaging, accessories, manuals/CDs in resellable condition
(2) DOA period is 15 days from the invoice date. please inspect the items immediately when arriving.
(3) Returns for refund may be subject to 15% restocking fee.
(4) Notebook computers can only be returned within 7 days of delivery. No return or exchange after 7 days;
You can NOT return the following items:
(1) any open software
(2) any item after 30 days of the invoice date;
(3) Notebook after 7 days of delivery.
(4) CPU, Memory, and motherboard. Replacement only within 7 days of delivery.
All return must be approved by submitting RMA (Return Merchandise Authorization) form online. No return for shipping and handling charge.
Customer is solely responsible for shipping any returned product. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, linkbyte.com's Return Procedure will be breached and linkbyte.com will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.
WARRANTIES
1. linkbyte.com is a distributor only. Products sold by linkbyte.com are not manufactured by linkbyte.com. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). linkbyte.com assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. LINKBYTE.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. LINKBYTE.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
2. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES LINKBYTE.COM'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. linkbyte.com SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. LINKBYTE.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT LINKBYTE.COM IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
3. GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon linkbyte.com until it is accepted; linkbyte.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, wire transfer, or some other method prearranged with linkbyte.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the linkbyte.com invoice.
Title; Risk of Loss: linkbyte.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. linkbyte.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow linkbyte.com to sign appropriate documents on Customer's behalf to permit linkbyte.com to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. linkbyte.com will advise Customer of estimated shipping dates, but linkbyte.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between linkbyte.com and Customer shall be governed by the laws of the State of Georgia, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. linkbyte.com and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Georgia to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against linkbyte.com that is more than one year after the date of the applicable invoice.
Severability:If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Georgia law.
Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement: These terms and conditions, together with the linkbyte.com's invoice respecting the products ordered by Customer, are the complete and exclusive agreement between linkbyte.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between linkbyte.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
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