Terms & Conditions
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 Geekbox Computers Inc. or any of its subsidiaries, websites, or affiliates (collectively, “GEEKBOX”. Herein, Geekbox Computers Inc. shall be referred to as “GEEKBOX”. “We”, “us” and/or “our” means “GEEKBOX”). If you, (henceforth known as the “CUSTOMER”. “you” and “your” means “CUSTOMER”) do not agree to GEEKBOX’s terms and conditions, please refrain from using our site and do not submit any orders for products or services. By placing an order with GEEKBOX, or accepting delivery of the product(s) purchased from GEEKBOX 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 an officer of GEEKBOX. These terms and conditions are subject to change without prior written notice at any time, at GEEKBOX’s sole discretion.
ORDERS, INTEREST, AND PAYMENT TERMS
GEEKBOX is not responsible for pricing, typographical or other errors in any offer for products or services by GEEKBOX and we reserve the unilateral right to cancel any orders resulting from such errors. 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. Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order. Terms of payment are within GEEKBOX’s sole discretion, and unless otherwise agreed to in writing by an officer of GEEKBOX, payment must be received by GEEKBOX before GEEKBOX’s acceptance of an order. Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. GEEKBOX may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.
CUSTOMER agrees that GEEKBOX is not liable for mismatched product images or mistakes related to product information. Geekbox reserves the right to change product information and specifications at any time. Information on the site may not be current and it is the responsibility of the customer to ensure the parts he is requesting will be represented in the system. GEEKBOX is only responsible for products listed on the sales INVOICE.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or phone order confirmation does not signify our acceptance of your order. GEEKBOX reserves the right at any time after receipt of your order to accept or decline your order for any reason. Customer understands that receipt of electronic, phone or email confirmation of order does not represent GEEKBOX acceptance of your order. GEEKBOX has the right at any point after receipt of your order to decline your order for any reason. This also includes delaying your order in order for us to confirm details pertinent to your order.
SHIPPING, TITLE AND RISK OF LOSS:
Shipping and handling costs are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by GEEKBOX is GEEKBOX’s responsibility. Loss or damage that occurs during shipping by a carrier selected by the CUSTOMER 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 GEEKBOX of damaged or missing items from your order within fourteen (14) calendar days after you receive your product.
You may return GEEKBOX-branded products purchased directly from GEEKBOX in accordance with GEEKBOX’s Return Policy, which may be viewed at the following URL: HTTP://WWW.GEEKBOX.COM/CONTENT/WARRANTY
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 as well as shipping and handling fees for returning or exchanging product. Additional fees apply, and are detailed in the Return Policy.
DISCLAIMER OF WARRANTIES AND LIMITED PRODUCT WARRANTY FOR DOMESTIC CUSTOMERS
THE LIMITED PRODUCT WARRANTY APPLICABLE TO GEEKBOX BRANDED PRODUCTS MAY BE VIEWED ONLINE AT THE FOLLOWING URL: HTTP://WWW.GEEKBOX.COM/CONTENT/WARRANTY.
THERE ARE NO WARRANTIES FOR SOFTWARE, SERVICES OR NON-GEEKBOX BRANDED PRODUCTS, WHICH PRODUCTS AND SERVICES ARE PROVIDED AS IS. WARRANTY AND SERVICE FOR NON-GEEKBOX BRANDED PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY GEEKBOX. GEEKBOX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN GEEKBOX’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND GEEKBOX WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON GEEKBOX’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
DISCLAIMER OF WARRANTIES AND LIMITED PRODUCT WARRANTY FOR INTERNATIONAL CUSTOMERS
The standard warranty stated above applies to GEEKBOX branded products shipped to a country outside of the United States, provided customers outside of the United States are responsible for paying all freight charges incurred in shipping, importing/exporting, receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to GEEKBOX. All international customers are responsible for all customs duties, VAT and other associated taxes and charges.
LIMITATION OF LIABILITY
GEEKBOX 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. GEEKBOX 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, GEEKBOX IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
LIMITATION OF LIABILITY AND DISCLAIMERS AS TO THE GEEKBOX WEBSITES
GEEKBOX.COM, GEEKBOXCOMPUTERS.COM, GEEKBOXONLINE.COM AND ANY OTHER DOMAIN REGISTERED (herein referred to as “SITES”), OWNED AND OPERATED BY GEEKBOX AND THE MATERIALS THEREIN ARE PROVIDED “AS IS”. GEEKBOX MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO GEEKBOX SITES, THEIR OPERATION, CONTENTS, INFORMATION, OR MATERIALS ON THE SITE. GEEKBOX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES OR THEIR USE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT GEEKBOX, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE GEEKBOX SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
All software is provided subject to the license agreement that is part of the package you receive from GEEKBOX. You agree to be bound by the license agreement once the package is opened or its seal is broken. GEEKBOX does not warrant any software under this Agreement.
GEEKBOX continually upgrades and revises its products and service offerings. GEEKBOX may revise and discontinue products at any time without prior notice to customers. GEEKBOX 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 GEEKBOX 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 GEEKBOX SKU numbers for GEEKBOX-branded hardware products are of the quality specified by GEEKBOX on its website and conform in all material respects with the GEEKBOX product specification current on the date such products were shipped.
You and GEEKBOX 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 GEEKBOX, its shareholders, directors, officers, 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), GEEKBOX’s 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.
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.
This Agreement and any sales hereunder shall be governed by the laws of the state of New Jersey , without regard to conflicts of laws principles, and excluding the United Nations Convention on the International Sale of Goods.
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 subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. Further, under United States law, the goods shipped pursuant to this Agreement may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production or use of nuclear weapons, materials, facilities, missiles or the support of missile projects, and chemical or biological weapons. You agree not to provide any written regulatory certifications or notifications on behalf of GEEKBOX. GEEKBOX has not tested product for use in high-risk activities including any life sustaining, chemical, or mission critical use.
GEEKBOX WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS.
You will not register or use any Internet domain name that contains a GEEKBOX trademark or trade name (i.e., GEEKBOX) 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 there from. 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.
WARRANTY AND RETURN POLICY
GEEKBOX offers a 30 day money back guarantee on all of our systems. You can return the system if not completely satisfied within 30 days. All transactions and premature order cancellations are subject to have a 20% restocking fee. All returned merchandise must be accompanied by its original packaging, accessories and manuals. You must contact GEEKBOX customer support for an RMA NUMBER prior to return of merchandise.
Defective merchandise will be replaced with a like item, upon return of the defective merchandise. GEEKBOX is not responsible for any damages caused by either internal or external equipment, shorted connections or components not installed by or purchased from GEEKBOX. GEEKBOX is not responsible for damages to any components or loss of any data inadvertently caused by products, under normal or abnormal use, including those purchased from GEEKBOX. GEEKBOX will not replace, repair or refund any purchase if an item’s serial number does not match what was originally sold. There are absolutely no refunds for custom work (i.e. custom paint, special order chassis, or any system customizations or modifications). After 30 days you will be held liable for shipping costs to and from GEEKBOX, and GEEKBOX will honor warranty service and replacement only, not for shipping. GEEKBOX may also use similar products or similar to new products for all repairs to computer systems order if the product first indicated is out of stock. For example: If a certain video card, such as a EVGA 470 video card is out of stock, GEEKBOX replaces it with a equivalent such as an XFX 470 video card. GEEKBOX either uses an equal or better product at no cost to the customer. If you request for GEEKBOX to use a specific product for your order and would not like to substitute it with alternatives, please indicate it your request upon requesting an RMA NUMBER. Limited warranty does not cover damages or defects cause by: Shipping as defined in this agreement, improper installation, misuse, modifications, unauthorized repair, adjustments, or excessive electrical power. Warranty and 30-Day money back guarantee only applies to systems sold directly by GEEKBOX or an authorized dealer.
Any product that GEEKBOX ships to the CUSTOMER and comes back to GEEKBOX as refused deliver, CUSTOMER may be subject to fees and any other costs incurred resulting from refusal of shipment. A restock fee of 20% will be applied to the order. Also, shipping fees sending the package to the CUSTOMER and receiving the package back from the CUSTOMER will not be refunded.