Please read the agreement(s) below carefully. EUC Systems will accept your order only after you have accepted the terms of each such agreement. If you agree with the terms of such agreement(s), please click in the check box just above the "Order" button to indicate your acceptance. You may then complete the processing of your order by selecting the "Order" button.
Sales Agreement:
Thank you for your interest in EUC Systems Group ("EUC Systems ") Products and / or Services (as defined in the Section titled "Definitions" below). Please note that EUC Systems reserves the right and discretion to refuse your order. EUC Systems will accept your order only if (1) you accept the terms of this EUC Systems Sales Agreement ("Agreement"); (2) you provide valid information for as required by EUC Systems for this transaction, including but not limited to your "ship to" address within Hong Kong (or Macau) ; and (3) the Product and/or Service is available.
All transactions pursuant to this Agreement will be exclusively governed by applicable Hong Kong law including but not limited to the Sales of Goods Ordinance (Cap. 26) and the Supply of Services (Implied Term) Ordinance (Cap. 457) and subject to the terms and conditions of this Agreement. The currency and exchange rate of all transactions with EUC Systems shall be subject in formal invoice.
You will be deemed to have placed an order in accordance with the terms of this Agreement, and accepted the terms of this Agreement if:
1. when ordering a Product online, you click on the relevant buttons indicating your acceptance of the terms of this Agreement, and complete your transaction;
2. when ordering by any other means, you open the package containing the Product; or
3. When ordering Services subject to this Agreement, you accept the terms of this Agreement when ordering the Service and according to the acceptance procedures in the applicable Services attachment.
A Product or Service becomes subject to this Agreement when EUC Systems accepts your order by either (1) shipping the hardware Product or making the software Product available to you, or (2) providing the Service. Confirmation of EUC Systems 's receipt of your order does not constitute EUC Systems 's acceptance of your order.
Where your order has been accepted by EUC Systems , this Agreement, including the associated warranty statements, license agreements, and its applicable attachments, will represent the complete agreement between you and EUC Systems regarding your purchase of Products or Services, and replaces any prior oral or written communications between you and EUC Systems . Any additional or different terms in any order or written communications from you are void.
If there is a EUC Systems Customer Agreement or equivalent agreement in effect between us, then that agreement governs this transaction rather than this Agreement.
If you acquired your EUC Systems Product or Service through a EUC Systems reseller, the terms of this Agreement do not apply.
EUC Systems starts to build or fulfill your order shortly after the order is placed. It is not always possible to cancel orders as orders are intended to be shipped as soon as possible. Order cancellations can only be attempted on the same date when orders are placed and EUC Systems’s manufacturing facility or warehouse reserves the right to reject cancellation requests made by EUC Systems Customer Service on behalf of customers.
1. Definitions
A "Product" is any EUC Systems or third party hardware or software which is provided to you by EUC Systems under this Agreement. Hardware products include computers and options or accessories. Software products include computer software programs (whether pre-loaded or provided separately) and related licensed materials such as documentation.
A "Service" is the performance of a task, provision of advice, assistance, or access to a resource (such as access to an information data base) made available to you by EUC Systems .
2. Orders, Price and Payment
Unless credit terms have been expressly agreed by EUC Systems, payment for the Products or Services shall be made in full before the physical delivery of Products or the provision of Services. You agree to pay as specified by EUC Systems , including any applicable goods and services, sales, use or similar taxes, fees or duties (unless you supply exemption documentation), any late payment fee, and shipping charges. Until you fully discharge any outstanding amounts which are due and owing, EUC Systems shall have discretion to withhold delivery of products and/or provision of services. EUC Systems reserves the right to demand immediate payment for any products and/or services that have already been dispatched. You are responsible for any applicable taxes for each Product from the date EUC Systems ships it to you, or when the Service is provided. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.
If a Product is quoted at an incorrect price due to a typographical error, or error in pricing information, EUC Systems reserves the right to refuse or cancel any orders placed for the Product quoted at the incorrect price, even if EUC Systems has confirmed the receipt of your order and charged your credit. If EUC Systems has charged your credit but subsequently canceled your order, EUC Systems will promptly issue a credit to your credit account for the amount charged. Any authorizations placed on your credit card can take up to 30 days to reverse, depending on the credit card issuer. Please contact your financial institution for their specific timeframes in relation to the reversal of such authorizations.
Please note the following:
1. EUC Systems does not ship to Post Office ("PO") boxes.
2. EUC Systems will only accept credit cards with a minimum validity period of 3 months.
3. If you have any questions regarding your order, please email to hkcs@eucsys .com for assistance.
4. A pre-authorization of fee of HKD1 will be charged to your credit card before EUC Systems authorizes the deduction of the full amount. This is for validation purposes only, and will be released back to your account upon completion of the validation. Please note that different products have different lead times. As such, you may expect multiple deliveries, which will not result in additional shipping charges being incurred by you.
5. For the avoidance of doubt, the estimated date of delivery is just a reference, and is not a promised date. The actual date of delivery may change due to the supply status of the Product or Service.
3. Return/Exchange Policy
Configured-To-Order ("CTO"): EUC Systems will not make refunds, accept returns and allow exchanges for all CTO products.
Fixed Configuration: You have up to seven (7) calendar days from the time you receive your item(s) to initiate exchange or return for Dead On Arrival, Missing, Wrong, Damaged, or Cosmetic (“ MWDC”) issues. To initiate an exchange or return, please email to hkcs@eucsys.com to contact EUC Systems customer support representatives. For the avoidance of doubt, EUC Systems will not make refunds, accept returns and allow exchanges for non-MWDC issues.
Defective or Dead-on-arrival: For quality related exchange or return (defined as Dead On Arrival, Missing, Wrong, Damaged, or Cosmetic ("MWDC") issues and 7 or more dead pixels), customers are allowed replacement or return of their purchased items after inspection and verification by EUC Systems Service Centre. Customers are responsible to carry at their own cost their purchased items to EUC Systems Service Centre for inspection and verification..
Software and Peripherals: Software and peripheral Products which are purchased as part of a packaged Product offering (i.e. personal computer and/or tablet Products) ("Packaged Product") can only be returned for the purposes of an exchange in its packaged entirety, along with the relevant invoice, and EUC Systems will not allow an exchange or refund of individual items where were purchased as part of a Packaged Product.
A software and/or peripheral Product which was not purchased as a Packaged Product ("Individual Product") can only be exchanged for a Product with the same specifications, if a defect in the Product is proven. EUC Systems does not provide refunds or credits for any Individual Products with proven defects, and in such a situation, EUC Systems will instead conduct a one-to-one exchange for your defective Individual Product.
Where it is impractical to effect a one-to-one exchange for any Individual Product or a part of a Packaged Product, EUC Systems reserves the right to replace the defective Product with a Product which is of similar or equal value.
4. Title and Risk of Loss
Where payment is made in full prior to the physical delivery of the hardware Products, EUC Systems will transfer the title to a hardware Product to you when EUC Systems ships the hardware Product from EUC Systems’s warehouse.
However, where credit terms are agreed, and the product is shipped before full payment is received, EUC Systems reserves a right of disposal of the hardware Product until EUC Systems receives all outstanding amounts due.
For the avoidance of doubt, EUC Systems does not transfer title to software Products.
EUC Systems bears the risk of loss for the hardware Product until it is delivered to the location you specified in the order. Thereafter, you assume the risk.
5. Delivery
The Product(s) shall be deemed to have been delivered to you when either you or your designated receiver of the Product(s) has signed for receipt of the Product (or in circumstances where either you or your designated receiver is unable to sign for receipt, EUC Systems may agree to your signed receipt pursuant to an enterprise chop or other legally authorized chop including but not limited to those provided by a doorman
6. General
(a)EUC Systems may change components or parts of a hardware Product without notice, due to the availability of such components or parts or EUC Systems’s policy of on-going product up-date and modification, provided that the components or parts provide equal or better performance. Such changes will be at no additional cost to you, and will not affect the hardware Product Warranty. You accept that EUC Systems 's policy may result in differences between the specification of Products delivered to you and the specification of Products ordered.
This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Website may contain technical inaccuracies or typographical errors.
This Website may be changed or updated without notice. EUC Systems may also make improvements and/or changes in the Products, Services and/or the programs described in this Website at any time without notice.
(b) Both you and EUC Systems agree that under this Agreement, all information exchanged is of a non-confidential nature. If either you or EUC Systems requires the exchange of confidential information, it will be made under a signed confidentiality agreement.
(c) You consent to the collection, processing, storage and use of information about your transaction and your contact information, including, but not limited to, names, phone numbers, address, and e-mail addresses, by EUC Systems , and EUC Systems 's related companies and the relevant service providers (including but not limited to the courier and storage system provider) to process and fulfill your transaction in accordance with EUC Systems Privacy Statement available at http://www.eucsys.com available at EUC Systems website . EUC Systems may also contact you to notify you about any Product recall, safety issue or service actions. Where permissible under local law, EUC Systems may use this information to inquire about your satisfaction with EUC Systems’s Products or Services or provide you with information about other Products and Services. You may however, at any time decline to receive any further such communications from EUC Systems. You agree that in accomplishing these purposes, EUC Systems may 1) transfer your information to any country where we do business; 2) provide your information to entities acting on EUC Systems 's behalf; or 3) disclose it where required by law. If your Personal Data (as defined in the Personal Data (Privacy) Ordinance (Cap. 486) ("PDPO") is transferred to a country or territory outside Hong Kong, EUC Systems will ensure that the recipients thereof provide a standard of protection to your Personal Data so transferred that is comparable to that which is provided under Hong Kong's PDPO. EUC Systems will not, however, sell or otherwise transfer the Personal Data you provide to any third parties for their own direct marketing use unless EUC Systems provides clear notice to you and obtain your explicit consent for your Personal Data to be shared in this manner.
(d) Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
(e) Neither you nor EUC Systems , including EUC Systems 's subcontractors, suppliers or software Product developers is liable for any of the following even if informed of their possibility or not and whether arising from contract, tort, (including negligence) or otherwise: 1) third-party claims for damages; 2) loss of, or damage to, data; or 3) special, incidental, or indirect damages or for any economic consequential damages of any kind; and 4) lost profits, business, revenue, goodwill or anticipated savings. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.
(f) Circumstances may arise where, because of a default on EUC Systems 's part or other liability, you are entitled to recover damages from EUC Systems . In each such instance, regardless of the basis on which you are entitled to claim damages from EUC Systems (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), except as expressly required by law without possibility of contractual waiver or limitation, EUC Systems is liable for no more than: 1) damages for bodily injury (including death) and damage to real property and tangible personal property; and 2) the amount of any other actual direct damages, up to the amount you paid for the Product or Service that is the subject of the claim. This limit also applies to any of EUC Systems ’s subcontractors, suppliers and program developers, and is the maximum amount for which EUC Systems and its subcontractors, suppliers and program developers are collectively responsible.
(g) Subject to paragraphs 6(f) and 6(g), if a third party claims that a Product provided by EUC Systems under this Agreement infringes that third party's patent or copyright, EUC Systems will defend you against that claim at its expense and pay all costs, damages, and attorney's fees that a court finally awards, provided that you: 1) promptly notify EUC Systems in writing of the claim; and 2) allow EUC Systems to control, and cooperate with EUC Systems in, the defense and any related settlement negotiations. If such a claim is made or appears likely to be made, you agree to permit EUC Systems to enable you to continue to use the Product, or to modify it, or replace it with one that is at least functionally equivalent. If EUC Systems determines that none of these alternatives is reasonably available, you agree to return the Product to EUC Systems on EUC Systems 's written request. EUC Systems will then grant you a credit equal to the amount you paid for the Product. EUC Systems has no obligation regarding any claim based upon: 1) anything you provide which is incorporated into, or combined with a Product; 2) your modification of a Product; or 3) in relation to a CTO Product, EUC Systems 's compliance with your specifications or requirements
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