The following terms and conditions
govern the direct sale of personal computers and
related products by InterWorld Trading, LLC. or the
entity named on the packing slip ("IWT") to
customers in the United States of America
("Customer"). By using this web site and/or
accepting delivery of products ordered from IWT,
Customer agrees to be bound by and accepts these terms
and conditions. THESE TERMS AND CONDITIONS SHALL APPLY
TO ANY SALE DIRECTLY FROM IWT TO CUSTOMER, UNLESS
CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH
IWT. Products described on this web site are only
available to residents of the United States of
America.
IWT reserves the right to change these
terms and conditions without prior written notice at
any time, at its sole discretion; the most current
version will always be posted on this site. These
terms and conditions may not be supplemented, modified
or altered by the use of any other documents(s). Any
attempt to alter, supplement, modify or amend these
terms and conditions will be null and void unless
agreed to in writing by IWT.
-
Internal Use
Customer agrees and represents that it is
buying products from IWT for its own internal use
and not for resale.
- Payment Terms; Orders; Quotations
Payment by credit card must be received by IWT
prior to IWT's acceptance of Customer's order,
unless some other pre-arranged method of payment
has been accepted by IWT. If Customer has obtained
credit through a IWT-sponsored financial program,
payment terms, including interest and late
charges, will be based on the terms of the
financing agreement.
Orders are not binding on IWT unless accepted
by IWT. Acceptance of an order occurs when product
ships. Acknowledgment of receipt of an order does
not constitute acceptance of the order by IWT.
Any quotation provided by IWT will be valid for
the duration stated in the quotation. If no
duration is stated, such quotation is valid for 48
hours from date of quotation.
- Prices; Shipping and Handling Charges; Taxes;
Interest
Prices and configurations shown are subject to
change without prior notice at any time before
acceptance of Customer's order. IWT is not liable
for typographical errors or omissions and mistakes
on quotations or prices.
Prices shown do not include charges for
shipping and handling or for applicable sales/use
taxes. Customer is solely responsible for
applicable shipping and handling charges and
taxes. Unless Customer provides IWT with a valid
government or nonprofit tax exemption certificate,
taxes will be charged for orders shipped to states
in which IWT is obligated to collect and report
such sales.
- Title
Title and risk of loss shall pass to Customer
upon shipment from IWT's facility. Title to all
software will remain with the applicable
licensor(s).
- Limited Warranty
A limited warranty statement for Toshiba
branded products is included with the
documentation for each product shipped to
Customer. IWT reserves the right to modify its
warranty statements at any time, in its sole
discretion. The current warranty statements can be
viewed online at:
warranty
statement for
txLaptops.com
EXCEPT AS PROVIDED IN THE WARRANTY STATEMENT,
IWT AND ITS PARENT COMPANIES DISCLAIM ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO
THE TOSHIBA BRANDED PRODUCTS, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IWT'S LIABILITY FOR WARRANTY CLAIMS ON
TOSHIBA BRANDED PRODUCTS IS LIMITED TO REPAIR OR
REPLACEMENT AS SET FORTH IN THE APPLICABLE
WARRANTY STATEMENT.
IWT DOES NOT WARRANT ANY THIRD PARTY
ACCESSORIES OR PRODUCTS. THIRD PARTY SUPPLIER IS
SOLELY RESPONSIBLE FOR ALL WARRANTY, SERVICE AND
SUPPORT, AND ALL OTHER PRODUCT RELATED ISSUES.
- Software License and Warranty
All software is provided subject to the
applicable end-user license agreement included
with the product. Warranties, if any, for the
software shall be in accordance with the license
agreement. IWT does not warrant any software under
these terms and conditions. Some software may
differ from its retail version (if available) and
may not include user manuals or all program
functionality.
- Limitation of Liability
FOR ANY BREACH OF THESE TERMS AND CONDITIONS,
IWT'S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL
PRICE PAID BY CUSTOMER FOR THE PRODUCTS ORDERED BY
CUSTOMER.
IN NO EVENT SHALL IWT, ITS PARENT COMPANIES,
SUPPLIERS AND SERVICE PROVIDERS BE LIABLE TO
CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL,
INDIRECT, CONSEQUENTIAL (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOST PROFITS, OR THE LIKE), OR
PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY.
- Binding Arbitration; Governing Law
Any claim, dispute, or controversy between IWT
(including its affiliates, agents, employees, and
assigns) and Customer arising from or relating to
these terms and conditions or any related purchase
SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY
BINDING ARBITRATION ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (NAF) under its Code of
Procedure then in effect (available online at http://www.arb-forum.com,
or via telephone at 1-800-474-2371). The
arbitration will be conducted before a single
arbitrator and will be limited solely to the
dispute or controversy between IWT and Customer.
The arbitration shall be held in a reasonable,
mutually agreed upon location in person, by
telephone, or online. Any award of the
arbitrator(s) shall be final and binding on each
of the parties, and may be entered as a judgment
in any court of competent jurisdiction.
Information may be obtained and claims may be
filed at any office of the NAF or at P.O. Box
50191, Minneapolis, MN 55405.
These terms and conditions, except for the
Binding Arbitration provision, and any related
purchases shall be governed by the laws of the
State of Texas without regard to conflict or
choice of law provisions. The Binding Arbitration
provision shall be governed by the Federal
Arbitration Act.
- Shipment and Availability
IWT can only ship to Customer addresses in the
50 United States. IWT cannot ship outside of the
United States, to APO and FPO Boxes, or to Post
Office Boxes.
txLaptops.com may deliver products in
installments. Any delivery or shipment date
provided is a good faith estimate. Customer
acknowledges that product availability may be
limited, and particular products may not be
available for immediate delivery. IWT will not be
liable for any loss, damage or expense related to
any delay in shipment or delivery.
- Export Control
Customer acknowledges that products and
technical data purchased or received under these
terms and conditions may be subject to United
States export control laws and regulations.
Customer will not ship any products outside the
United States without proper authorization.
Customer will defend and hold IWT harmless against
all claims, damages or liability resulting from
breach of the foregoing.
- Return Policies
All returns require a Return Material
Authorization (RMA) number, which may be obtained
from 1-361-646-2525. An RMA must be requested
within thirty (30) days of product shipment and
all product must be returned to IWT within ten
(10) days of receipt of the RMA number. Return
shipping charges are non-refundable. Returns made
without an RMA number will be refused. Customer is
responsible for shipping charges and risk of loss
on all return shipments. Customer must use a
reputable shipping carrier capable of providing
proof of delivery, as well as properly packing and
fully insuring the return shipment. Upon receipt
of the returned product(s), IWT will inspect the
product to be certain all parts are included and
there was no abuse or misuse of the product, or
user negligence. All product must be returned in
original packaging. IWT may reject the return for,
or deduct costs associated with: missing parts,
non original packaging, abuse, misuse of the
product or user negligence.
After receipt and inspection of the returned
products, credit will be issued in accordance with
the following:
Standard products are eligible for refund or
replacement.
Custom configured Toshiba branded products are
eligible for refund, subject to a 15% restocking
fee, or replacement.
If opened, software may not be returned. If
unopened, software will be handled as standard
products. Pre-installed software may only be
returned if the product is returned.
- Refurbished Products
The warranty for refurbished Toshiba branded
products is 90 days. Scratches, dents, adhesive
marks and overall external appearance on
refurbished products are deemed not to be defects
in workmanship or materials and are not covered
under the warranty.
Refurbished products are not eligible for
return. All sales are final.
- Accessories
Prior to purchase, Customer is responsible for
contacting the accessories manufacturer (or
consulting compatibility charts on this web site)
to determine the compatibility of specific
accessories with Toshiba or non-Toshiba branded
products. If you purchase an accessory from IWT
and determine that the accessory is not compatible
with another product within thirty (30) days of
accessory shipment, the accessory may be returned
to IWT to the extent permitted under IWT's Return
Policies, above.
- Service and Support
For all non-Toshiba branded products, contact
the original manufacturer for technical support
and warranty assistance. Warranties and service
offerings for such products vary from product to
product.
For assistance with PORT, Targus or PORT-NoteWorthy
accessories:
- Call PORT technical support at 888-970-PORT
- Internet support at www.PORT.com
For assistance with 3Com-Megahertz accessories:
- Call 3Com-Megahertz technical support at
800-NET3COM
For assistance with Kingston memory:
- Call Kingston technical support at
800-845-2545
For assistance with CMS products:
- Call CMS technical support at 800-555-1671
For assistance with Belkin products:
- Call Belkin technical support at
800-223-5546 ext. 2263
- No Assignment
Customer may not assign its rights or
obligations under these terms and conditions
without the express written consent of IWT.
- Severability
If any of these terms and conditions are held
to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the
remaining terms and conditions shall not in any
way be affected or impaired thereby.
- Entire Agreement
These terms of sale constitute the entire and
sole agreement between IWT and Customer and
supersedes all prior agreements, representations,
warranties and understandings with respect to the
subject matter of these terms.
- This web site is provided by:
InterWorld Trading, LLC.
4224 Ocean Drive
Corpus Christi, Texas 78411
Customer inquiries about these terms of sale or
purchasing products directly from IWT can be
directed to: service@txlaptops.com
