Terms
General Terms and Conditions
All sales of goods and services by GainSaver (hereinafter "Seller") shall be governed by these Terms and Conditions ("Terms"), notwithstanding any other terms or conditions on buyer's ("Buyer") order or quotation form. These policies supersede verbal communications and any other contradictory policy appearing on Seller's website or elsewhere. Seller's performance is expressly made conditional on Buyer's agreement to these Terms. Seller's agreement to sell or otherwise deliver any product to Buyer shall not be deemed or construed to be an acceptance of any of Buyer's terms and conditions nor a waiver of any term set forth herein. Unless Seller and Buyer enter into a separate written agreement, formally executed by Seller and specifically waiving the terms set forth herein, the purchase of any goods or services by Buyer shall be deemed acceptance of these Terms.
Pricing and Payment
Seller reserves the right to change prices, specifications, and manufacturers/suppliers without notice. Seller shall not be responsible for, and reserves the right to correct errors in pricing or other errors appearing on its site. Prices on orders accepted by Seller are subject to Buyer paying all federal, state, local or other applicable taxes or duties either directly or indirectly by increased costs. Should Buyer fail to make timely payments on any purchase in accordance with the Terms, Prepaid orders are not refundable. Seller may at its sole discretion defer future shipments until such payments are made or may, at its option, cancel the balance of any unshipped order. Seller reserves the right in its sole discretion to refuse all orders deemed unacceptable by reason of terms of payment, financial responsibility, or other business reasons.
Seller's Warranty and Liability
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to purchaser. If goods herein being purchased are being purchased for purposes of export, purchaser must obtain from the Federal Government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void. Any and all liability is only for the products purchased. Any description of the goods provided to Buyer is for illustrative purposes only and is not part of the basis of the bargain nor does it constitute a warranty that the goods shall conform to the description. The provision of any warranty does not apply to any goods which have been used for a purpose for which they were not designed, which have been altered in any manner, used in any way as to adversely affect their performance and reliability, or which have been subject to misuse, neglect, or accident. UNLESS OTHERWISE SPECIFICALLY PROVIDED, SELLER SELLS THE GOODS AND SERVICES WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY TYPE. SELLER DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SELLER'S LIABILITY TO BUYER EXCEED THE AMOUNT PAID FOR THE GOODS BY BUYER. SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY).
Buyer's Warranty
Buyer represents and warrants that it is legally able to enter into the proposed transactions with the Seller, that it will pay its debts as they become due, is presently paying its debts in the ordinary course of business, and is not insolvent within the meaning of the federal bankruptcy laws. Buyer agrees to comply with all applicable laws and regulations and will hold harmless and indemnify Seller for any damages resulting to Seller from any breach of these Terms.
Buyer Default
Buyer expressly agrees to be liable for interest at the maximum allowable rate under applicable law on past due accounts, and for collection cost, including attorneys' fees, court and any other costs involved in the collection of past due accounts. Seller retains, and Buyer hereby grants a security interest in the goods, including all accessions to and replacements of the goods until Buyer has made payment in full. Buyer shall cooperate fully with Seller in executing such documents, including a Uniform Commercial Code financing statement and accomplishing such filing, and/or recordings thereof, as Seller may deem necessary for the protecting of such security interest.
Shipping
Seller offers shipping to The United States, Canada, and other international locations. Some products, due to manufacturers export regulations, may not be shipped to international locations. Seller attempts to screen all products for which this rule applies. Seller reserves the right to deny shipment of products that have been ordered, but are later found out to be on the non-export list. Seller will ship all orders via the methods indicated. Title to all goods shall pass to Buyer upon delivery to a common carrier. If Buyer refuses to accept shipment for any reason, Seller is entitled to be compensated for all shipping charges Seller shall have the right to have any goods delivered to Buyer at one time or in portions from time to time.
GainSaver Extended Warranty Replacement Plan
The used equipment you purchased from GainSaver is covered by a 30 day warranty. It may also be covered under an extended warranty, if you purchased one. Please review the GainSaver Extended Warranty Replacement Plan. Click Here to View GainSaver Extended Warranty Replacement Plan
RETURNS
Prior to returning any item, Buyer must contact Seller's returns department by completing the RMA form for a Return Merchandise Authorization (RMA) number. Upon approval, Seller in turn shall provide Buyer written instruction on how to return product. RMA numbers are valid for 10 business days. Used product may be returned for full store credit or refund less original shipping, insurance and diagnostics within 30 days after product shipped. Extended Warranty and Batteries are non refundable or non returnable after 30 days. Products must be returned in original condition at buyers expense including packaging, documentation and, if applicable, its blank warranty card. Damaged, expired RMA numbers, no RMA numbers, and out of warranty returns, void all warranty/store credit and product will not be returned, replaced or refunded. At our discretion, extended warranty only covers a maximum of two replacement units. Extended Warranty does not cover power cords, power adapters or batteries. No refunds for returned orders of special order items, prepaid orders or installed parallels for mac. Special Ordered items may have a 30% restocking fee.
Gift Cards and Store Credit Rebates
Valid after 30 days from invoice date for computer systems only and is attached to customers account. Customer can use one gift card or store credit rebate per computer system order. Returns void gift card or store credit rebate.
Disputes
All disputes concerning the goods, not otherwise resolved between Seller and Buyer, shall be resolved in a court of competent jurisdiction for the location of the Seller's place of business unless expressly agreed to by Seller in writing. The prevailing party in such action shall be entitled to recover reasonable attorney's fees and costs incurred. Buyer may bring no dispute more than one (1) year after the date of sale of the product to which the dispute relates. The Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of California.
Manufactures Warranty / Service and Support
Returns outside the Seller's return policy must be handled directly with the manufacturer. Manufacturer's warranties vary on each product. Extended warranties may be available directly from select manufacturers. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
Miscellaneous
Seller shall not be liable for any failure to perform due to causes beyond the reasonable control of Seller. These causes shall include, without limitation, acts of God, acts or omissions of Buyer or any third party, delays in transportation or inability to obtain necessary labor, materials or supplies.