Terms & Conditions of Sale
The following terms and conditions govern the sale of products by NCIX.com, a division of Netlink Computer Inc. By submitting your on-line order to NCIX.com, you have indicated your acceptance to be bound by these terms and conditions of sale. At NCIX.com's sole discretion, these terms and conditions may be changed without prior notice at any time before NCIX.com accepts your order.
Payment is due by credit card, PayPal, Certified Cheque, Money Order or Bank Draft. Once an order is placed by credit card, the credit card account will be verified at the time the order is placed. Should a credit card is declined, so will be the order. No C.O.D. orders are accepted. Orders are processed ONLY upon receipt of payment.
Disclaimer of Warranty
When products are shipped to you, their limited warranties applicable to products are in effect and are included with the shipment. Certain products may have additional warranties provided by the original manufacturer but not by NCIX.com. On our web site, "as is" products may not have warranties from NCIX.com (other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law), but may still hold warranties from the manufacturer.
Payment Shipping and Handling Charges and Taxes
The buyer is responsible for any taxes or tariffs associated with your purchase.
Prices shown on the NCIX.com's site do not include shipping and handling. Neither do not the prices include taxes unless otherwise noted. All prices are in Canadian dollars. The price charged for an order will be the price in effect at the time the order is made. Nonetheless, if the price drops before shipment and you notify NCIX.com of the lower price before the product is shipped, in which case (and in that case only) the price charged will be the lower price.
Shipping & Risks during Shipping
When products are shipped to you by common carrier, NCIX.com's liability to you for breakage and/or non-delivery of the products by the common carrier to you will be limited by the limits of liability provided by the common carrier's terms and conditions of carriage. You may wish to purchase insurance from loss or breakage during carriage for full insurable value of the products you have ordered by making the appropriate requests when placing your order with NCIX.com.
Order Cancellations & Changes
For the benefit of our customers, we attempt to process orders as rapidly as possible. As such, orders may be sent to our warehouse for fulfillment very soon after they are placed. Due to difficulty of locating orders once they have begun the fulfillment process, we will not be able to make any order changes or cancellations once they have reached this stage of processing.
Please review orders very carefully prior to submitting them and in the case a cancellation is necessary; please contact us as soon as possible to increase the likelihood that we are able to stop your order before it goes to the warehouse for fulfillment. Unfortunately, no guarantees can be made.
NCIX.com warrants product(s) to be in good working condition and free from defects in material and workmanship for a period of one (1) year for OEM products, or thirty (30) days for RETAIL packaged products from the original Invoice date unless otherwise restricted below or by the manufacturer's own warranty policy. ALL OEM CPU products are warranted within seven (7) days from the original invoice date.
NCIX.com's liability shall as limited to repairing or replacing, at its option, any defective product which is returned, freight prepaid to NCIX.com, according to the Merchandise Return Procedure set forth in Section Merchandise Return Procedure below. Buyer shall bear all responsibility for shipping charges and risk of loss or damage during transit to NCIX.com. Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by NCIX.com, are not covered by this warranty.
Any alterations, addition, improvements or attachments to the product(s) not authorized in writing by the NCIX.com shall be deemed to be a waiver of this warranty by Buyer and shall render this warranty null and void. NCIX.com shall return repaired or replaced product(s) to Buyer, at its expense via regular ground service within Canada. Shipping charges by all other methods and to all other destinations shall be borne by Buyer.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. NCIX.com MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OG MERCHANTABILITY. IN NO EVENT SHALL NCIX.com BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL NCIX.com'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
Limitation of Liability
The maximum liability to you for products purchased from NCIX.com shall be limited to the purchase price you have paid for the products. Also, NCIX.com will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
THIS RETURN POLICY IS NOT A WARRANTY. NCIX.com reserves the right to change or to cancel it at any time before accepting your order. For all refunds, you need to precisely follow the previous return procedures to ensure the return of your refund. You need to also allow a reasonable period of time for the product to arrive at our warehouse and pass an inspection process. When your return is accepted, we will process your credit as soon as possible.
Title to hardware products and to the media in which software products are embodied passes to you upon shipment by NCIX.com. Title to software remains with the licensor of the software.
These terms and conditions shall be interpreted under and governed by the federal laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.
Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by NCIX.com. These terms and conditions may not be modified, altered or amended without the written agreement of NCIX.com.
If any provision of these terms and conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. The terms and conditions stated herein are declared to be Severable.
You may not assign this agreement without NCIX.com's prior written consent. NCIX.com is the intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from NCIX.com, this agreement shall take precedence.
Linking and Framing the Web Site
Links to the Web Site without the express permission of NCIX.com are strictly prohibited. NCIX.com reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.