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Applicability of Terms and Conditions
The following terms and conditions govern the direct sale of personal computers and related products by Toshiba America Information Systems, Inc. or the entity named on the packing slip ("TAIS") to customers in the United States of America ("Customer"). By using this web site and/or accepting delivery of products ordered from TAIS whether via this website, telephone, facsimile or other means, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS SHALL APPLY TO ANY SALE DIRECTLY FROM TAIS TO CUSTOMER. Products described on this web site are only available to residents of the United States of America when ordered through this website from a location and Internet Service Provider (ISP) within the United States of America or a telesales representative AND for shipment to an address within the United States.
TAIS 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 TAIS.
Customer agrees and represents that it is buying products from TAIS for its own internal use and not for resale.
Payment by credit card shall be subject to authorization from Customer’s credit card issuer and such authorization must be received by TAIS prior to order acceptance, unless some other pre-arranged method of payment has been accepted by TAIS. If Customer has obtained credit through a TAIS-sponsored financial program, payment terms, including interest and late charges, will be based on the terms of the financing agreement between Customer and the financial institution.
Orders are not binding on TAIS unless accepted by TAIS. Acceptance of an order occurs when product ships. Acknowledgment of receipt of an order does not constitute acceptance of the order by TAIS. Product ordered may become unavailable due to product or parts shortages, discontinuance of product, or other reasons. In such event, TAIS will promptly notify Customer via email, if provided, or telephone.
Any quotation provided by TAIS 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 and configurations shown are subject to change without prior notice at any time before acceptance of Customer's order. TAIS 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 TAIS with a valid government or nonprofit tax exemption certificate, taxes will be charged for orders shipped to all states in which TAIS is obligated to collect and report such sales. These states shall include any state which charges sales or use tax to its residents, businesses, or other entity required to pay sales tax.
Title and risk of loss shall pass to Customer upon shipment from TAIS's facility. Title to all software will remain with the applicable licensor(s).
A limited warranty statement for Toshiba branded products is included with the documentation for each product shipped to Customer. See Section 12 (Toshiba Clearance Store) for limited warranty information on Toshiba clearance products. TAIS reserves the right to modify its warranty statements at any time, in its sole discretion. The current warranty statements can be viewed at warranty.toshiba.com.
EXCEPT AS PROVIDED IN THE WARRANTY STATEMENT, TAIS 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. TAIS' LIABILITY FOR WARRANTY CLAIMS ON TOSHIBA BRANDED PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE WARRANTY STATEMENT.
TAIS 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.
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. TAIS 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.
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, TAIS'S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PRICE PAID BY CUSTOMER FOR THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL TAIS, 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.
Customer and TAIS acknowledge and agree that any claim, dispute, or controversy (“Dispute”) between Customer and TAIS arising from or relating to (i) these terms and conditions of sale, including the validity of this binding arbitration provision; or (ii) the purchase or use of any product or service from TAIS shall be resolved EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) UNDER NAF’S CODE OF PROCEDURE THEN IN EFFECT. CUSTOMER UNDERSTANDS THAT, IN THE ABSENCE OF THIS PROVISION, CUSTOMER WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT IN FRONT OF A JUDGE OR JURY, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT CUSTOMER HAS EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW A PRE-DISPUTE JURY TRIAL WAIVER OR A WAIVER OF THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS ACTION BASIS, SO THESE WAIVERS OR LIMITATIONS MAY NOT APPLY TO CUSTOMER.
Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses (including but not limited to attorneys’ fees) incurred in enforcing compliance with this binding arbitration provision, including staying or dismissing such other proceeding.
Information about the NAF is available on line at www.arb-forum.com, by phone at 800-474-2371 or by writing to P.O. Box 50191, Minneapolis, MN, 55405. For the purpose of this Section only, the term “TAIS” means Toshiba America Information Systems, Inc., its parents, subsidiaries and affiliates, and each of their officers, directors, employees, agents, beneficiaries, assigns and component suppliers; and the term “Customer” means Customer, or those in privity with Customer, such as Customer’s family members, beneficiaries and/or assigns.
If NAF should cease operations, Customer and TAIS shall agree on another arbitration forum. The arbitration shall be held at a reasonable, mutually agreed upon location by submission of documents, by telephone, online or in person as selected by Customer. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between Customer and TAIS. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. If Customer prevails in the arbitration of any Dispute with TAIS, TAIS will reimburse Customer for any fees Customer actually paid to NAF in connection with the arbitration. Any decision or award of the arbitrator rendered in such arbitration proceeding shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
This binding arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq.
TAIS can only ship to Customer addresses in the 50 United States and the District of Columbia. TAIS cannot ship outside of the United States, to APO and FPO Boxes, or to Post Office Boxes.
Toshiba 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. See Section 12 (Toshiba Clearance Store) for shipment and availability information on Toshiba clearance products.) TAIS will not be liable for any loss, damage or expense related to any delay in shipment or delivery.
This sale concerns products and/or technical data that may be controlled under the U.S. Export Administration Regulations and may be subject to the approval of the U.S. Department of Commerce prior to export. Any export or reexport by Customer, directly or indirectly, in contravention of the U.S. Export Administration Regulations is prohibited. Customer will not ship any products outside the United States without proper authorization. Customer will defend and hold TAIS harmless against all claims, damages or liability resulting from breach of the foregoing.
Notwithstanding anything to the contrary in any third party License Agreement or product documentation supplied with the personal computer, TAIS does not accept the return of component parts, or bundled software, that have been removed from the personal computer system. Pro-rata refunds on individual personal computer components or bundled software, including the operating system, will not be granted. If Customer wishes to return a complete personal computer system, Customer may do so in compliance with TAIS' standard return policies and procedures set forth in these terms of sale.
All returns require a Return Material Authorization (RMA) number, which may be obtained from 1-800-618-4444. An RMA must be requested within fifteen (15) days after Customer receives the product and all products must be returned to TAIS within ten (10) days of receipt of the RMA number. TAIS will only refund the original purchase price of the product plus any related taxes. Original shipping and handling charges or similar fees and return shipping charges are not 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), TAIS 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 products must be returned in original packaging and be in the same condition as Customer received them. TAIS 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.
Within thirty (30) days of the date Customer purchased a warranty extension and/or upgrade service plan, Customer may contact TAIS directly to cancel the plan and receive a refund of the purchase price less any claims. After the thirty-day period, Customer may cancel a service plan in accordance with the cancellation terms of the service plan. The current terms and conditions for these service plans can be viewed here.
If opened, software or DVD’s may not be returned. If unopened, software or DVD’s will be handled as standard products. Pre-installed software may only be returned if the product is returned.
Sales of non-Toshiba branded Digital Cameras, Videos Cameras and Camcorders are final. These products may not be exchanged or returned to TAIS under any circumstance. Defective products are repaired and replaced in accordance with the manufacturers' established policies. Contact the product manufacturer for its policy regarding product warranty, repair, or returns
The Toshiba Clearance Store generally offers Toshiba branded computers that are refurbished, discontinued featured SKU’s or Build To Order (BTO) returns.
Toshiba Clearance Store products are limited in quantity and availability. The product limited warranty will vary by item. Generally, refurbished products carry a 90-day limited warranty. New discontinued featured SKU’s and new and unopened returns of discontinued featured SKU’s or BTO products will carry the original manufacturer warranty. Please refer to the warranty information listed in the Toshiba Clearance product specifications for details.
Orders are filled when TAIS receives authorization from your credit card issuer. Therefore, it is possible that certain items you ordered may be sold out or available in quantities less than you had requested. In the event an item is sold out or unavailable in the quantity requested, the item or the unfulfilled quantity, as the case maybe, will be cancelled. TAIS will notify you of the cancellation via email to your ISP address, if one is provided. TAIS will also send a cancellation notice to the authorizing credit card issuer. The authorization will be removed in accordance with the terms and conditions of the credit card issuer. TAIS will only submit charges for items shipped.
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.
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 Customer purchases an accessory from TAIS and determines that the accessory is not compatible with another product within fifteen (15) days after Customer receives the accessory, the accessory may be returned to TAIS to the extent permitted under TAIS’ Return Policies above.
The Toshiba Technical and Customer Support Center personnel will attempt to help with any problem involving Toshiba branded products. However, the Support Center personnel may not be able to resolve every given problem. The Toshiba Support Center may be reached 24 hours a day, 7 days per week, at: 1-800-457-7777.
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.
Customer may not assign its rights or obligations under these terms and conditions without the express written consent of TAIS.
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.
These terms of sale constitute the entire and sole agreement between TAIS and Customer and supersedes all prior agreements, representations, warranties and understandings with respect to the subject matter of these terms.
Toshiba America Information Systems, Inc.
9740 Irvine Boulevard
Irvine, California 92618-1697
Customer inquiries about these terms of sale or purchasing products directly from TAIS can be directed to: 1-800-TOSHIBA.
Effective February 20, 2007