This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from Surreal Rigs Incorporated or any of its subsidiaries or affiliates (collectively, “Surreal Rigs”). By accepting delivery of the product(s) purchased from Surreal Rigs and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for a product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Surreal Rigs. These terms and conditions are subject to change without prior written notice at any time, in Surreal Rig’s sole discretion.
1.Definitions.
1.1 “We”, “us” and/or “our” means Surreal Rigs.
1.2 “You” or “your” means the individual or entity named on the invoice.
2.Payment Terms, Orders, and Interest. Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. We reserve the right to cancel an order or transaction, in whole or in part. Terms of payment are within Surreal Rig’s sole discretion, and unless otherwise agreed to in writing by Surreal Rigs, payment must be received by Surreal Rigs before Surreal Rig’s acceptance of an order larger than $ 100.00. Invoice amounts are due and payable upon completion of service. Surreal Rigs may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law. Surreal Rigs is not responsible for pricing, typographical or other errors in any offer by Surreal Rigs and we reserve the unilateral right to cancel any orders resulting from such errors.
3. Desktop Computer Specifications. Surreal Rigs will continue to improve on Desktop Computer specifications over time. These improvements and changes to the components of the Desktop Computer will be conducted and information updated on the website without notice to the consumer. We reserve the right to update product specifications at any time without prior consumer notice.
4.Taxes. Unless you provide Surreal Rigs with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. This includes fee’s associated with PayPal transactions which are 3%.
5.Shipping, Title and Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier is the responsibility of Surreal Rigs. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. Shipping dates are only estimates. You must notify Surreal Rigs of damaged or missing items from your order within seven (7) calendar days after you receive your product. Return shipping and/or restocking fees incurred by Us for incorrect/incompatible parts ordered for use in repairing Your personal computer or defective parts covered under manufactures warranty but excluding Our branded personal computers will be split between Us and You evenly.
6.Return Policy. You may return Surreal Rigs-branded products purchased directly from Surreal Rigs in accordance with our Return Policy, which may be viewed at the following URL: http://www.surrealrigs.com/nav/Warranty.html. Please keep in mind that, among other things, you: (a) must contact us directly before you attempt to return the product; (b) must return the product to us in its original or equivalent packaging; and (c) are responsible for risk of loss and shipping and handling fees for returning or exchanging product. An additional standard restock fee of 20% may apply at our discretion. Restock fees are included on parts ordered for PC repair as well as store merchandise and accessories. If you fail to pay a required restock fee, your property or payment will be held until such time as payment is remitted. If you fail to follow the return or exchange instructions and policies provided by Surreal Rigs, Surreal Rigs is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale.
7.Limited Product Warranty for Domestic Customers and Disclaimer of Warranties. THE LIMITED PRODUCT WARRANTY APPLICABLE TO SURREAL RIGS-BRANDED PRODUCTS MAY BE VIEWED ON-LINE AT THE FOLLOWING URL: http://www.surrealrigs.com/nav/Warranty.html. THERE ARE NO WARRANTIES FOR SOFTWARE, SERVICES OR NON-SURREAL RIGS BRANDED PRODUCTS, WHICH PRODUCTS AND SERVICES ARE PROVIDED "AS IS". WARRANTY AND SERVICE FOR NON-SURREAL RIGS BRANDED PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY SURREAL RIGS. SURREAL RIGS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN OUR APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND SURREAL RIGS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON OUR RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
8.Limited Product Warranty for International Customers and Disclaimer of Warranties. The standard warranty stated above in Section 6 is null and void if the Surreal Rigs branded product(s) is/are removed from the United States. International sales of our product(s) are prohibited.
9. LIMITATION OF LIABILITY. SURREAL RIGS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. SURREAL RIGS 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. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, SURREAL RIGS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
10.Software. All software is provided subject to the license agreement that is part of the package you receive from Surreal Rigs. You agree to be bound by the license agreement once the package is opened or its seal is broken. Surreal Rigs does not warrant any software under this Agreement. Surreal Rigs does not accept refunds or exchanges on any software purchases. All software sales final.
11.Products. Surreal Rigs continually upgrades and revises its products and service offerings. Surreal Rigs may revise and discontinue products at any time without prior notice to customers. Surreal Rigs will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building Surreal Rigs products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted Surreal Rigs SKU numbers for Surreal Rigs-branded hardware products are of the quality specified by Surreal Rigs on its website and conform in all material respects with the Surreal Rigs product specification current on the date such products were shipped.
12.Binding Arbitration. You and Surreal Rigs agree that any claim, dispute or controversy, whether in contract, tort or otherwise, and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims (“Dispute”) against Surreal Rigs, its shareholders, directors, employees, agents, successors, assigns or affiliates arising from, in connection with or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), our advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (available via the Internet at http://www.arb-forum.com, or via telephone at 800.474.2371) under its Code of Procedure then in effect. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 United States Code, sections 1-16. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
13.Applicable Law and Not for Resale. You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale.
14.Governing Law. This Agreement and any sales hereunder shall be governed by the laws of the state of Ohio, without regard to conflicts of laws principles.
15. Export. You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are for domestic use only. Exporting or shipping Surreal Rigs branded products internationally is prohibited and voids the Standard Warranty.
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16.Miscellaneous Provisions. You will not register or use any Internet domain name that contains a Surreal Rigs trademark or trade name (i.e., Surreal Rigs) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.
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17. Storage Fee. You agree that if property in for service is left without being retrieved for a period of 30 days after You are notified service is completed or unable to be resolved, you are obligated to pay a storage fee of $30.00 USD in addition to any outstanding balance owed for services rendered. Furthermore, said storage fee will accumulate for every additional 30 day period the unit is kept in storage and not retrieved by you. For example, if property was left in storage for 60 days, you would be required to pay a storage fee of $60.00 USD in addition to any outstanding balance owed.
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18. Right to Recycle. You agree that if property in for service is left for a period of 3 months without being retrieved, your property becomes our property. The property will then be recycled, refurbished, or used for spare parts at our discretion.
