Terms and Conditions
This invoice and these terms and conditions confirm the agreement (the “Agreement”) between you (“Buyer”) and Homelab Hardware (“Seller”) for the goods described herein (“Goods”). Buyer’s acceptance of these terms and conditions shall be indicated by any of the following, whichever occurs first: Buyer making of an offer to purchase product from Seller; Buyer’s written acknowledgement hereof; Buyer’s acceptance of any shipment of any part of the items specified for delivery. This Agreement (along with any other documents signed by Seller) is the entire agreement of the parties as to the Goods.
2. Condition of Goods
All items sold by Homelab Hardware are used and/or refurbished unless explicitly stated otherwise in the product description.
3. Pricing & Taxes
Pricing excludes federal tax, state and local sales tax, use and other taxes, any customs charges/duties, or any charges within the country designated for delivery by Buyer. Buyer shall bear responsibility for all such taxes, duties, and/or charges.
4. Limitation on Liability
Seller’s liability on any claim relating to the Goods or their sale, resale, operation or use, whether based on contract, warranty, tort (including negligence) or other grounds, will not exceed the price allocable to such Goods. SELLER WILL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOST DATA OR ANY DAMAGES TO THIRD PARTIES PAID BY BUYER, LOSS OF WARRANTY, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED PRODUCT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF BUYER FOR SUCH DAMAGES.
5. Authority / Solvency
Buyer’s representative hereby warrants that he/she is authorized to place orders with Seller and shall provide adequate assurances of the foregoing if requested by Seller. Buyer warrants that to the best of its knowledge, the entering into of this Agreement does not violate any law or contractual obligations with third parties. The order for the Goods placed by Buyer constitutes a representation by the officer or other representative of Buyer placing such order that Buyer is solvent and that Buyer intends in good faith to comply with this Agreement. Seller shall have the right, in its sole discretion, to seek adequate assurances relating to Buyer’s solvency and financial condition prior to the shipment of any product. By placing an order with Homelab Hardware and accepting delivery of the products, Buyer represents and warrants that it is a bona fide end user of computer products and is not buying products from Homelab Hardware or operating its business (a) under a pretext of any kind, or (b) for any purpose other than the legitimate use of computer products for purposes of self-education or personal entertainment.
6. Security Interest
To secure payment of the sales price of the Goods and all other obligations of Buyer under this Agreement, Buyer hereby grants to Seller a security interest in the Goods and all products and proceeds thereof. Seller is authorized by Buyer to take such action as may be appropriate to perfect the security interest granted herein. Buyer agrees to execute any additional documents necessary to perfect such security interest.
7. Waiver and Modification
No waiver or modification of this Agreement will be binding upon Seller unless agreed to by Seller in a signed writing. Failure by Seller to enforce strict compliance with this Agreement will not constitute a waiver of any of the provisions of this Agreement.
8. Severability / Force Majeure
If any provision of this Agreement is or becomes void or unenforceable for any reason then the validity of the remaining provisions will not be affected. Seller will not be in breach of this Agreement because of delays or nonperformance caused by circumstances beyond its reasonable control or other force majeure.
9. Choice of Law / Jurisdiction
This Agreement will be governed the laws of the State of California (without regard to principles of conflict of laws). Any claims arising out of or related to this Agreement or the Goods shall be brought exclusively in Contra Costa County, California; provided that if the Goods or Buyer are not located in Contra Costa County, California, Seller may also bring suit at the location of the Goods and/or the Buyer. Buyer submits to the jurisdiction of all such courts. BUYER AND SELLER HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION TO ENFORCE, DEFEND, CONSTRUE OR OTHERWISE CONCERNING THIS AGREEMENT OR THE GOODS. If it is necessary for Seller to commence collection efforts against Buyer for any indebtedness due or to otherwise enforce this Agreement, Seller will be entitled to recover from Buyer its reasonable attorneys’ fees and costs, including the reasonable fees of in-house counsel.
Warranty and Return Policy
Homelab Hardware warrants its products to the original purchaser as follows:
All products we sell or have sold are warranted against defects and flaws. Fasteners that do not significantly compromise the integrity or functionality of the goods may be missing and do not constitute a flaw. Expansion port covers may not be present on all expansion ports and do not constitute a flaw. Scratches, dents, or blemishes consistent with intended prior use, transportation and storage prior to shipment and delivery to Buyer do not constitute a defect or flaw. Stickers, labels, and other cosmetic alterations consistent with legitimate prior use of goods by previous owners or seller do not constitute a flaw.
For products that are under manufacturer warranty, please contact manufacturers directly and follow their warranty procedures. Manufacturer warranty procedure supersedes Homelab Hardware warranty for its duration. If a product’s manufacturer warranty expires within 30 days of the date of sale, the product is warrantied by Homelab Hardware for the remainder of the 30 days if the RMA is filed after the manufacturer warranty expires.
All other products are covered with Homelab Hardware warranty for 30 days from the date of original purchase unless otherwise specified. Please verify warranty terms of your products with your Homelab Hardware sales representative. The exclusive remedy for this warranty is that Homelab Hardware will, at its option, provide repair or replacement components for this product. Homelab Hardware reserves the right to discontinue or change revisions, spare parts, models or brands, or to make substitutions. To make a claim under this warranty, contact Homelab Hardware RMA team at [email protected]are.com or online at www.homelabhardware.com. Complete RMA form and proof of purchase is required.
This warranty does not include damages that arise from negligence, misuse or use not in accordance with the product instruction. The warranty and remedies as set forth above are exclusive and in lieu of all others, oral or written, express or implied. In no event will Homelab Hardware be liable for any damages, including incidental or consequential damages, arising out of the use or inability to use this product.
Any implied warranties, including implied warranties of merchantability and fitness for a particular purpose, shall be limited to the duration and terms of the express written warranty. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply. This warranty gives you specific legal rights, and you may have other rights, which vary from state to state. Neither Homelab Hardware, nor the Buyer of the product, authorize any person to create for it any other warranty, obligation, or liability in connection with this product.
This warranty information can also be found in the Homelab Hardware website, www.homelabhardware.com.
Homelab Hardware will only accept returned products that have been issued a “Return Authorization Number” from the Homelab Hardware RMA team. To request a Return Authorization Number, e-mail the Homelab Hardware RMA team at [email protected], submit a request online at www.homelabhardware.com, or call us at (925)494-1015.
Homelab Hardware will only accept return shipment that have a valid “Return Authorization Number” plainly visible on the outside of the box. Without a “Return Authorization Number” on the outside of the box the returns may be refused. ALL returns are subject to inspection and final approval by Homelab Hardware technicians certifying that the problem is covered by our warranty and not consumer abuse or damage due to shipping. Homelab Hardware may choose to repair or replace the products in question, or choose to issue a refund. Homelab Hardware may or may not reimburse the customer for the return freight to our location. Please verify with Homelab Hardware RMA team before shipping back the return product.
Customers who need to return a purchase from Homelab Hardware may return any unused, resalable product to us for a full refund of the purchase price minus a restocking fee of up to 20% at Homelab Hardware’s discretion. Shipping charges are not refundable. If you are returning a product that was incorrectly shipped by us, all shipping charges for that product will be refunded and the restocking fee will not apply. These returns still require a “Return Authorization Number”. Homelab Hardware will only accept returns that have been issued a “Return Authorization Number” from the Homelab Hardware RMA team.