THESE TERMS APPLY TO ALL CONSUMER ORDERS WITH PROLAPTOPS. PLEASE READ THIS AGREEMENT CAREFULLY. 


BY PLACING AN ORDER, YOU (“BUYER”) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND THAT YOU AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. 


IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, BY PLACING AN ORDER, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THIS SALES AGREEMENT.


These Terms and Conditions of Sale (“Agreement” or “Terms and Conditions”) constitute a binding contract between you (“you”) and ProLaptop Corp. (“ProLaptops” “we”, “our,” or “us”).  This Agreement governs all Orders placed on www.prolaptops.com (the “Site”). 


1. SCOPE OF AGREEMENT.


1.1. By placing an order for purchase of a product through the Site (an “Order”), you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, do not place your Order.

1.2. You must be over 18 years of age to place an Order.  By placing an order, you represent and warrant that you are legally capable of entering into a binding contract and are at least 18 years old.

1.3. An Order becomes subject to this Agreement when we accept your order by shipping or electronically transferring the product you ordered.  Confirmation of receipt of your order is not acceptance of your Order.   

1.4. ProLaptop’s acceptance of an Order is expressly limited to the terms and conditions of this Agreement. 

1.5. ProLaptops may, in its sole discretion, modify or change these Terms and Conditions at any time by posting the changed or modified Agreement on the Site. For this reason, please check these Terms and Conditions carefully each time you place an order.




2. PROLAPTOPS IS A THIRD-PARTY RESELLER.

2.1. ProLaptops is an independent third-party reseller of the products sold on the Site.  ProLaptops does not manufacture or refurbish the products sold on the site.

2.2. ProLaptops obtains the products sold on its site from other third-party resellers, refurbishers and product manufacturers.  

2.3. ProLaptops accepts no liability for any claims arising out of any act or omission, including negligence, by the third-party manufacturers, resellers, or refurbishers. 

2.4. The manufacturer or refurbishers of the products sold on the Site may have additional terms of that govern your use of the product as an end-user.   You agree to abide by any and all such agreements.  


3. PRODUCTS, DESCRIPTIONS, PACKAGING.


3.1. Terminology.  In the computer industry, terms can be used in different ways.  We pride ourselves on clear communication with you and want to ensure that you understand our product descriptions.  The following terms have the following meanings as used on the Site and in this Agreement:

Refurbished – means a product that has undergone cosmetic and/or functional repairs, as necessary, to restore it to like-new condition or a product that contains refurbished parts.  Some products only require very minimal repairs, however, if any work was done to repair the product, we refer to it as refurbished

Returned – means a product that was returned to the manufacturer or retailer after the initial sale.  It is not uncommon for returned products to have never been used, but because this is difficult to ensure, we do not refer to returned products as new.

New – means a product that ProLaptops received in manufacturer packaging that has never been opened.

1. Items sold as "New" need to be in brand new, unused condition.

2. If an item is categorized on the Site as “New” it will come in the original manufacturer packaging and be appropriated with the original manufacturer warranty.

a. Note that any and all products published on the Site as “New” have NOT been CERTIFIED by ProLaptops and ProLaptops cannot be held liable for any damages once arrived due to negligence of manufacturer. 

Certified – means products that have been inspected to meet a high-quality standard for customers by ProLaptops as explained below.  Certified does not mean that the product was certified by the manufacturer or the refurbisher. 

3.2. Products Descriptions.  The product descriptions will note the product status clearly on the Site. 

3.3. Certification by ProLaptops. In addition to vetting each refurbisher that it works with, ProLaptops conducts its own inspection and certification of many of its products.  Products advertised as “Certified” by ProLaptops have been inspected by ProLaptops to ensure that they meet the following standards:  

a. Visually examine unused repackaged products to ensure that they are complete and undamaged;

b. Introducing reliable product packaging technologies that ensured an objective and verifiable process for identifying returned products that had never been turned on;

c. Identifying, among the products returned by retailers to the manufacturers or its authorized vendor, those that had never been turned on;

d. Visually inspecting those products that had not been turned on and rejecting any damaged products; 

e. Each product must live up to strict standards and pass rigorous multipoint inspection, detailed below:

1. Screen and casing are in “like-new” condition;

2. All necessary parts, such as the power adapter, or battery, USB cable and accessories, are included;

3. Battery charges to full capacity (if it’s not within the laptop). if the battery doesn’t seem to work, we exchange it for a replacement part that suits the laptop. 

3.4. Products that do not meet these standards are not offered for sale by ProLaptops. 

a. Each laptop certified by ProLaptops is given a new unique serial number once it has successfully gone through inspection, then it is repackaged into the ProLaptops Certified Box for better protection of the product; 

7. The new Serial Number placed on each CERTIFIED laptop, contains the ID Information of the warranty provided by ProLaptops.

8. The newly package product will include the appropriate manual, warranty terms, inspection policy booklet, and any cables and power chord noted as part of the product description. 


a. Product Descriptions & Pricing.  

1. We strive for accuracy in pricing and product related descriptions and information on our Site but from time-to-time, it is possible that the Site will contain inaccurate or outdated or pricing or product information. ProLaptops does not guarantee the accuracy of any information on the Site and we disclaim liability for any such inaccuracies. 

2. Prices and product offerings listed on our Site are subject to change without notice. ProLaptops reserves the right to adjust pricing, products and service offerings for any reason including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements.

b. Product Packaging.  ProLaptops may repackage certain products sold through the Site.  If so, your products may arrive in our packaging, not the manufacturer’s packaging.   


4. ORDERS, PAYMENTS, TAXES, & FEES.


4.1. Payment. Payment is due before shipment. ProLaptops must receive payment prior to ProLaptop’s acceptance and shipment of any Order. Terms of payment are within ProLaptop’s sole discretion. In order to purchase products through ProLaptops, you are required to provide valid payment information as required by ProLaptops. ProLaptops may terminate your Order and take such other action as appropriate if we are unable to process your payment information and you do not provide an alternative form of payment upon ProLaptop’s request. you agree to reimburse ProLaptops for any and all costs incurred in collecting amounts owed by you to ProLaptops, including, without limitation, attorneys' fees and costs of collection agencies. ProLaptops retains a security interest in the products until payment in full is received.

4.2. Orders.  All Orders are subject to product availability and ProLaptop’s discretion.  Products may become unavailable even after an order is placed. ProLaptops cannot guarantee that it will be able to fulfill your Order. ProLaptops may revise or discontinue Product options at any time without prior notice. Your Order is subject to cancellation by ProLaptops, in ProLaptop’s sole discretion. ProLaptops may process payment for and ship parts of an order separately. ProLaptops may invoice parts of an Order separately.

4.3. Taxes. You are responsible for any taxes that you are obligated to pay or that ProLaptops may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and ProLaptops reserves the right to collect the taxes or other related fees from you at any time. You will be responsible for all of ProLaptop’s costs of collection, including court costs, filing fees and attorney's fees. In certain jurisdictions, ProLaptops may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.

4.4. California Environmental Fees. The State of California has enacted the Electronic Waste Recycling Act of 2003, which requires collection of a State Environmental Fee at the point of sale for certain electronic products shipped to California. Certain products sold on the Site are subject to these fees.  For shipments of certain products to California, state environmental fee of up to $10 per item may be added at order invoice to cover the fee and administrative costs.


5. SHIPPING.


5.1. Risk of Loss. You agree that the shipping terms for all Products are FOB shipping point. This means that product title passes to you when your Order is shipped and risk of loss is upon you once we deliver the product to the shipping carrier. 

5.2. US Shipment Only.  ProLaptops only ships within the United States. ProLaptops is not responsible for any Orders providing a shipment point outside of the United States and will cancel such Orders.

5.3. Shipping Costs. You are responsible for all shipping and related charges. ProLaptops will arrange for shipping with the carrier, but such costs are your responsibility. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the Product checkout process is subject to verification and to correction or change without notice, provided that if the actual shipping charge is more than the amount shown in your shopping cart, we will contact you with the correct shipping costs before processing your Order, and you will have an opportunity to cancel your Order. 

5.4. Promotional Orders.  From time-to-time, in its sole discretion, ProLaptops may offer discounted or free shipping and handling on certain types of products or for specified periods of time. These promotional offers can be discontinued at any time, for any reason by ProLaptops.  

5.5. Delivery Times.  Delivery times are estimates only and we shall not be liable for delays. ProLaptops is not responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.  If an item in your order is temporarily out of stock, we may hold your Order until it is complete prior to shipment.


6. MANUFACTURER’S AND THIRD-PARTY WARRANTIES.  IN ADDITION TO PROLAPTOPS LIMITED WARRANTY BELOW, PRODUCTS MAY BE COVERED BY A MANUFACTURER’S OR OTHER THIRD-PARTY WARRANTY. THE PRODUCTS MAY BE CATEGORIZED AS “REFURBISHED”, “FACTORY REFURBISHED”, “FACTORY RESTORED”, “CERTIFIED REFURBISHED”, “RECERTIFIED” ON THE MANUFACTURER ID SERIAL NUMBER SYSTEM AND WITH A LIMITED TIME FRAME (LESS THAN 90 DAYS) THAN OFFERED BY PROLAPTOPS.  IF APPLICABLE AND ASSIGNABLE, SELLER WILL AND HEREBY DOES ASSIGN TO YOU ANY AVAILABLE ORIGINAL MANUFACTURER OR OTHER THIRD-PARTY WARRANTIES.


7. PROLAPTOPS LIMITED WARRANTY & RETURN POLICY


7.1 New Products. 

a. Customer may return any new computer purchased from ProLaptops that is "dead on arrival," arrives in damaged condition, or is still in unopened boxes, for a full refund within 15 days of purchase.


b. New Products will only carry the warranty offered by the original manufacturer or another third-part warranty. To claim a warranty on any of these products please contact the manufacturer. ProLaptops provides no warranty with respect to new products. 


7.2 Certified Refurbished and Returned Products. 

a. Generally.  In addition to any manufacturer’s or third-party warranty that may apply, ProLaptops is proud to offer the followed warranties described in detail below (jointly “ProLaptops’ Warranties”). These are limited warranties so please carefully read the following:

b. 30-Day Damage and/or Defect Warranty.  If a product is damaged or defective upon delivery, you may return it within 30-days of the product’s shipping date for either a full-refund or replacement, at your election.  FULL REFUNDS ARE NOT AVAILABLE AFTER 30-DAYS.




1. Replacement. 

i. ProLaptops will either send the same laptop as the customer purchased OR a majorly similar unit that, under sole discretion of ProLaptops, meets the same standards of appearance and performance as the laptop originally purchased.

ii. If ProLaptops doesn’t have the same laptop in stock and customer is not satisfied with the “majorly similar” laptop, then customer’s only option is return for a full refund of the original purchase price. 

2. Communication. The customer has until the 30th day from the date of shipping to contact ProLaptops to claim the warranty. One received, ProLaptops will inspect the product to confirm the defect or damage claimed. 

3. Shipping. The customer is solely responsible for the shipping of returning the damaged laptop back to the ProLaptops facility. After inspection and once ProLaptops deems that the customer is within rights to claim the warranty, ProLaptops will pay for shipping the replacement to the customer.

c. 31-90 Day Defect Warranty. Between day 31 and 90 from the shipping date of the laptop the following warranty will apply.

1. Communication. The customer has until the 90th day from the date of shipping to contact ProLaptops to claim the warranty. One received, ProLaptops will inspect the product to confirm the defect claimed.

2. Shipping. Under the terms of this warranty the customer is responsible for ALL shipping costs. Both to return the product to the ProLaptops facility as well as the shipping costs if they elect to have a replacement laptop sent to them.

3. Fees. ProLaptops will deduct a 10-15% depreciation fee from the original purchase price of the laptop. There will be NO restock charge to the customer

4. Options. If deemed defective by ProLaptops, ProLaptops will provide to the customer a replacement laptops valued at the same as the one returned after accounting for the depreciation or a partial refund for the depreciated value of the laptop, at the customer’s option.


d. 3 – 7 Month Defect Warranty. Between day 91 until the 7 month from the date of shipping the following warranty will apply. 

1. Communication. The customer has until 7 months from the date of shipping the original laptop to contact ProLaptops to claim this warranty. One received, ProLaptops will inspect the product to confirm the defect claimed.

2. Shipping. Under the terms of this warranty the customer is responsible for ALL shipping costs. Both to return the product to the ProLaptops facility as well as the shipping costs if they elect to have a replacement laptop sent to them.

3. Fees. ProLaptops will deduct a depreciation fee varying between 20-50% from the purchase price of the machine based on how much time has elapsed from the time of purchase and the value of the machine. There will be NO restock charge to the customer.

4. Options. If deemed defective by ProLaptops, ProLaptops will provide to the customer a replacement laptops valued at the same as the one returned after accounting for the depreciation or a partial refund for the depreciated value of the laptop, at the customer’s option.


e. 7 month – 1 Year Defect Warranty.

1. Communication. The customer has until exactly ONE YEAR from the date of shipping to contact ProLaptops to claim this warranty. If the date of contact is ANY time after one-year since the shipping date the machine is no longer covered by any terms of the ProLaptops warranty. One received, ProLaptops will inspect the product to confirm the defect claimed.

2. Shipping. Under the terms of this warranty the customer is responsible for ALL shipping costs. Both to return the product to the ProLaptops facility as well as the shipping costs if they elect to have a replacement laptop sent to them.

3. Fees. There will be a deduction of 50-60% of the original purchase price for depreciation of the unit depending on the time that the customer has owned it as well as the overall value of the laptop. There will be NO restock charge to the customer.

4. Options. If deemed defective by ProLaptops, ProLaptops will provide to the customer a replacement laptops valued at the same as the one returned after accounting for the depreciation or a partial refund for the depreciated value of the laptop, at the customer’s option.


7.3 Alternative Resolutions.  In addition to the warranties, ProLaptops reserves the right to offer additional or alternative options to remedy customer dissatisfaction.   Such offers lie solely within ProLaptops discretion and will be made on a case-by-case basis.  

7.4 Replacements. If you are entitled to replacement under one of ProLaptop’s warranties, ProLaptops will provide you with the same or similar product.  ProLaptops will make an effort to provide you with a replacement that is as close in technical specifications and pricing to your original Order but makes no guarantees in this regard.  What constitutes the same or substantially similar product is completely within ProLaptops discretion.  You do not get to choose which product you would like to replace your returned product.

7.5 Obtaining Warranty Service. To obtain service under any of ProLaptops’ Warranties, you must follow the process below and any additional instructions given by ProLaptops representatives.  Failure to follow the process or instructions will void the warranty and ProLaptops will not have any obligation under its warranties to refund or replace your purchase.

a. Upon discovering a product failure, damage, or defect, you must notify ProLaptops of your finding within the applicable warranty period per the contact information noted in paragraph 16 below.

b. You must then ship the product via a reliable shipping carrier for return to ProLaptops within 7 days of the date you notified ProLaptops of the failure, damage, or defect. 

c. You must return the entire product including without limitation any components, attachments, and manuals.  This means that anything other than packaging that you received from ProLaptops when it sent you the product, must be sent back.

d. When ProLaptops receives your returned product, it will inspect and test your product to ensure that: (1) the product you shipped back is the same product ProLaptops sold you; (2) failure, damage, or defect you notified ProLaptops of exists; and (3) the failure, damage, or defect arose during normal use of the computer; and (4) none of the warranty exclusions apply. 

e. Once your returned product passes the inspection process, ProLaptops will find a replacement computer that is the same or substantially similar.  For warranty claims where replacement is an option, ProLaptops will notify you by e-mail of the replacement computer that it has located and ask you whether you would like the replacement or a refund. 


7.6 Shipping Costs for Replacement Products.  When ProLaptops replaces a product under warranty, it will not reimburse you for the original shipping costs that you paid when you ordered your product.  Nor will ProLaptops pay the shipping costs of returning the product to ProLaptops to obtain relief under either warranty.   ProLaptops will pay for normal, ground shipping of the replacement product to you.  If you would like expedited shipping, you will be responsible for the additional cost.

7.7 Return Shipping Responsibility. 

a. When shipping a product under warranty back to us, you agree to bear all shipping and insurance charges and all risk of loss for the return product during shipment.

b. The United States Government and certain other agencies have requirements for the shipment of hazardous materials, which are referred to as “Dangerous Goods.” When returning products to ProLaptops, it is your responsibility to ship Dangerous Goods in accordance with all applicable regulations. Any questions in this regard should be addressed to your freight company or shipper. 


8 PROLAPTOPS WARRANTY EXCLUSIONS & LIMITATIONS.


8.1 Normal Use Only.  ProLaptops Warranties only apply to normal usage of its products.  The warranties do not cover (1) failures, damage, or defects caused by accident, abuse, or misuses of your product; (2) failures, damage, or defects caused by product service conducted on your Product by you or anyone else; (3) products that have been altered or modified by you or anyone else; or (4) products that the serial number has been removed from.

8.2 Cosmetic Imperfections.  Cosmetic imperfections are not covered by ProLaptop’s Warranties.

8.3 Data & Viruses.  ProLaptops Warranties do not cover damage resulting from failure to back-up your data or other files, nor does it cover damage caused by programs, data, viruses or other files. We are not responsible for any loss of your data.  We recommend that you maintain a back-up system at all times to rebuild or reconstruct lost or altered files, data or programs.


9 LIMITATIONS ON LIABILITY; DISCLAIMER. ALL PRODUCTS SOLD THROUGH THE SITE ARE AS DESIGNATED IN THE DESCRIPTION OF THE PRODUCT LISTING AND AS DESCRIBED IN THIS AGREEMENT. OTHER THAN THE WARRANTIES STATED HEREIN, ALL PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS. 


TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT.  THIS DISCLAIMER INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. 


SELLER 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


SELLER’S SOLE LIABILITY FOR ANY CLAIMS, WHETHER BASED IN CONTRACT OR TORT, AT LAW OR IN EQUITY, FOR ANY LOSS OR DAMAGES ARISING, RESULTING FROM, OR CONNECTED WITH THE PRODUCTS, THE SITE, AND THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE ACTUAL AMOUNT OF SUCH LOSS OR DAMAGES OR THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM.


THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER WARRANTIES OR OTHER THIRD-PARTY WARRANTIES THAT MAY EXIST.  


10 BUYER’S REPRESENTATION REGARDING USE.  Purchases may not be resold or exported. By placing a purchase, you represent and warrant that your purchase is for your own use, not for resale or export. your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.  


11 BRAND SPECIFIC TERMS.  Orders of products from the following brands are also subject to the additional terms listed below:


HEWLETT PACKARD (“HP”)

a. HP will not provide price protection;

b. HP will not provide COOP/MDF funding nor any other promotional funds or rebates. 

c. HP products purchased through the Site cannot be returned to HP for credit, as defective units, for stock adjustment purposes, or as customer satisfaction units. 

d. HP products purchased through the Site carries an end-user 90-day warranty provided by HP. 

DELL

a. Third Party Products may carry a limited warranty from the third-party publisher, provider or original manufacturer of such Third-Party Products. Dell is not responsible for fulfillment of any Third-Party Product warranty or for problems attributable to the use of Third Party Products. Dell does not warrant that any Product will function in any specific configuration that includes any Third-Party Products, or that any Product will function to produce a particular result, even if the specific configuration or the result has been discussed with Dell. ALL THIRD-PARTY PRODUCTS ARE PROVIDED BY DELL ON AN “AS IS” BASIS.


b. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7.A., AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, DELL (INCLUDING DELL AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SUCCESSORS AND ASSIGNS), ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS (COLLECTIVELY AND TOGETHER WITH DELL, THE “DELL PARTIES”), DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND SERVICES, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.


c. You understand that Dell Products have been designed, manufactured, and tested by Dell or its suppliers for use in general-use office/business environments. Dell has not tested or certified Dell Products for use in any high-risk applications, including the operation of nuclear facilities, aircraft navigation, air traffic control, emergency communications systems, life support machines, weapons systems, or any other application where the failure or malfunction of any Dell Products can reasonably be expected to result in death, personal injury, severe property damage or severe environmental harm (“High Risk Applications”). The Services are not fault-tolerant and are not designed or intended for use in, and you shall not use any Services in, any hazardous environments requiring fail-safe performance or in any High-Risk Applications. You understand and agree that Dell makes no warranties or assurances that the Products and Services are suitable for any High-Risk Applications and you shall defend and indemnify Dell from any claims made by third parties resulting from any such High-Risk Applications. As between you and Dell, you are responsible for the design and implementation of configurations, system


d. For further information about the Dell reseller agreement please refer here and here: 

ACER

a. The company warrants this re-certified product against defects in materials or workmanship for a period of 90 days from the original date of purchase from the official remarketing agent. The Limited Warranty is only valid to the original purchaser and is not transferrable to anyone who purchases, rents or obtains the product from the original purchaser; any attempt to transfer this Limited Warranty will render it void. The company will, at its option, (i) repair the product, (ii) replace the product with an equivalent or comparable re-certified product or (iii) refund the buyer for the original purchase price. Repairs or replacements may be performed using factory refurbished parts or products. A dated purchase invoice or sales receipt is required for verification of original purchase date and price.

b. IN NO EVENT SHALL ACER OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE, ANY WEB SITE LINKS TO THIS SITE OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ACER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

c. Further information regarding the Acer recertified Terms of Sale can be found here. 

ASUS

a. If the product fails during normal and proper use within the warranty period, ASUS will, at its discretion, repair or replace the defective parts within the product, or the product itself, with items that are functionally equivalent to that as originally supplied, or better, during the warranty period defined for the model, using new or refurbished parts or units. If the product is under warranty, the ownership of the replaced defective parts will automatically be transferred to ASUS. All components repaired or replaced by ASUS Service Centers will be under warranty for the remaining period of your warranty. ASUS will recover the originally configured operating system bundled with the product if the Hard Drive is to be replaced. ASUS will not be liable to restore or transfer the user’s data or programs from the original Hard Disk.

b. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND ASUS SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.


c. IF THIS PRODUCT FAILS TO WORK AS WARRANTED ABOVE, THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND ASUS’ SOLE LIABILITY SHALL BE REPAIR OR REPLACEMENT. ASUS’ MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF ANY HARDWARE COMPONENTS THAT MALFUNCTION UNDER NORMAL USE. ALL ASUS WARRANTY TERMS AND AGREEMENTS ARE NON-TRANSFERABLE AND ONLY APPLY TO THE ORIGINAL UNIT AND ORIGINAL PURCHASER. ASUS IS NOT LIABLE FOR A CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.


d. ASUS does not warrant uninterrupted or error-free operation of this Product. Any technical or other support provided for the Product under warranty, such as assistance via telephone with “how-to” questions and support regarding product setup and information will be provided without warranties of any kind.


e. The Product Warranty only covers failures or malfunctions that occurred within the warranty period with normal and proper use. The warranty will not apply if:



i. The serial number of the ASUS product, components or accessories has been altered, cancelled, removed, or otherwise not valid as identified by ASUS;

ii. The product has been tampered with, repaired and/or modified by non-authorized personnel;

iii. The product warranty seals have been broken or altered;

iv. There is damage caused by natural disaster, intentional or unintentional misuse, abuse, neglect, acts of war, improper maintenance, or use under abnormal conditions;

v. There is damage caused by accidental drops, spills, fire, or power surges.

vi. There is damage from improper installation, improper connection, or use of parts and/or components not manufactured or sold by ASUS;

vii. There is damage from use outside of the operation or storage parameters or environment detailed in the User's Manual or reasonably acceptable for similar product usage models deemed industry standard best practices;

viii. There is damage to or loss of any program, data or removable storage media, or if there are costs from recovering any program or data;

ix. There is damage from third party software or from virus(es);

x. There is software loss or data loss that may occur during repair or replacement.

xi. Support and costs involved to install or configure the product for any third-party software application or hardware device, or network/wireless configuration.

xii. Due to technology limitations, some devices (e.g. DVD ROM and software player may not play certain titles if applicable to your product) may be limited or not compatible with the ASUS product. These limitations are common to defined standards within the hardware industry and are not specific to your ASUS product.

xiii. You have failed to follow all return materials authorization (“RMA”) instructions provided to you by ASUS.

b. For further information regarding the ASUS recertified warranty and terms please refer here.

12 PROPOSITION 65 WARNING. Some Products sold on our Site may contain a chemical known to the State of California to cause cancer. California law requires this warning be provided to California customers.


13 ELECTRONIC EQUIPMENT RECYCLING. ProLaptops encourages you to recycle their used computer monitors and televisions.


14 CONTROLLING LAW.  This Agreement, any Orders thereunder, or any claim, dispute or controversy, whether in contract, tort, or otherwise, between you and ProLaptops arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement, ProLaptop’s advertising, or any related Order will be governed by and construed in accordance with the laws of the State of Florida. You and ProLaptops hereby expressly consent to the personal jurisdiction of the state and federal courts located in Miami-Dade, Florida, without regard to conflicts of law. If any legal action or other proceeding is brought for the enforcement of Your or ProLaptop’s rights under this transaction or for a judicial declaration of rights hereunder or because of a breach, default or misrepresentation in connection with any of the provisions herein, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which that party may be entitled.


15 MISCELLANEOUS PROVISIONS


15.1 Survival. Any provision of this Agreement that contemplates performance or observance subsequent to termination or expiration of this Agreement shall survive termination or expiration of this Agreement and continue in full force and effect.

15.2 Severability.  If any terms or provisions of this Agreement are determined to be unlawful or unenforceable for any reason, that section or portion of a section shall be stricken from the Terms, and the remaining provisions continue in full force and effect.

15.3 Waiver. A waiver of any term or condition of this Agreement or of any breach of this Agreement shall not be deemed a waiver of any other term or condition of this Agreement or any part hereof or of any later breach of this Agreement.  Any waiver must be in writing.

15.4 Headings.  Headings are used for convenience only and in no way, define, limit or extend the scope of this Agreement.

15.5 Assignment. This Agreement shall not be assigned or transferred without the prior written consent of ProLaptops.

16 Contact Information. Insert contact information here.