Terms and Conditions
1.PRICING AND AVAILABILITY
We make every effort to have accurate pricing online. However, we always verify prices as part of our shipping procedures.
- If an items correct price is lower than our stated price, we charge the lower amount and ship you the item.
- If an item’s correct price is higher than our stated price, we contact you for instructions before shipping.
Due to the nature of our business, availability fluctuates depending on the product. The Inventory on our website is live and constantly updated. We make every effort to keep all items in stock. If we cannot fill an order immediately, we will contact you to determine if you want to partially ship the available items or wait until we can process the entire order.
2.PRODUCT CONDITION CODES
The last two digits of the part number indicates the product’s condition (new, refurbished, used, etc.).
An example is part number 8659-41Y-01. The “-01” indicates a product condition code of “01”, in this case indicating that it is brand new equipment, factory-sealed.
(e.g.: 8659-41Y-01. The 01 implies brand new factory sealed equipment)
(L5, L6 & L7 products may not come in the original packaging)
Warranty from Manufacturer:
- 01 – Brand new equipment, factory sealed: 1-3 year warranty.
- 02 – New equipment, bulk, non-retail packaging: 1-3 year warranty.
- 04 – Demo equipment that has been opened for short term use: balance of OEM warranty.
- 08 – OEM factory refurbished equipment: 30 days – 3 year warranty .
- L1 – Brand new equipment, factory sealed, 1 year Lenovo warranty
- L4 – New with open Box – 1 Year Lenovo warranty
- L5 – Grade A+ Refurbished –- 1 Year Lenovo warranty
- L6 –Grade A refurbished – 1 Year Lenovo warranty
- L7 –Grade B refurbished – 1 Year Lenovo warranty
Warranty from IT Xchange:
90 Day General Warranty and 5 day DOA Warranty
- 01 – Brand new equipment, factory sealed.
- 02 – New equipment, bulk, non-retail packaging.
- 03 – New equipment, factory sealed: 1 year return to depot IT Xchange warranty. (No OEM Warranty)
- 04 – Demo equipment that has been opened for short term use.
- 05 – Demo equipment that has been opened for short term use, no OEM warranty.
- 06 – Used, refurbished equipment Grade A – fully functional, may or may not have an O/S (read product description), no manuals.
- 07 – Used, refurbished equipment Grade B – fully functional, may or may not have an O/S (read product description), no manuals, up to 2 cosmetic imperfections which do not impede use.
- 08 – OEM factory refurbished equipment.
5 day DOA Warranty Only
- 10 – Used equipment Grade C – not refurbished, functional, heavy wear and tear or 3+ cosmetic imperfections which may or may not impede use depending on the application. Description of defects available from your sales representative.
- 15 – Equipment requiring minor parts to become working equipment.
No warranty on condition code 09 product – sold “as-is”.
No warranty on condition code 06, 07 printer consumables including toner and ink cartridges.
No warranty on condition code 06, 07 batteries.
4.RETURN MERCHANDISE AUTHORIZATION (RMA) POLICY
All products must be purchased originally from IT Xchange (ITX).
- ITX reserves the right to repair, replace or credit any defective product that is covered by ITX warranty.
- All products must be returned in their original condition, including original packaging. All original components including manuals, software, keyboard, mouse, etc. must be returned. Any opened, unsealed product being returned will, at the sole discretion of ITX, be refused or re-audited and subject to a 15% or minimum $25 restock charge.
- Claims for “Defective On Arrival” product (DOA) must be made within 5 days of receipt of goods. All discrepancies, damages, short/mis-ships or short box claims must be reported within 2 days of receipt. Return freight is the responsibility of ITX.
- Requests for return of working product for a credit, must be made within 15 days of original Invoice date and a minimum restock fee of $25 CAD/USD/EURO or $15 GBP will be applied. Requests for return of working product for credit on orders less than $100 CAD/USD/EURO or 50 GBP will be for exchange only. Product being returned under ITX General Warranty must be reported within the 90 day warranty period. Return freight is the responsibility of the Customer. There are no returns of any kind on special order products.
- All product being returned must be approved by your Sales Representative in advance and an RMA Number must be issued.
- If product is returned to ITX without an RMA number clearly indicated on the outside of the packaging, the merchandise will be refused. Do not write directly on the original manufacturer’s packaging.
- Product authorized for return by your Sales Representative, must be returned within 15 days of the issuance of the RMA number. Any returns received after 15 days will be refused and the RMA number will no longer be valid.
- Collect returns will be refused.
- A copy of the RMA Confirmation form MUST be included in your shipment. Each carton/skid must be clearly identified i.e. Box 1 of 3; Skid 2 of 4 etc.
- The following condition code 06 items do NOT have warranty: printer/toner cartridges, laptop batteries and UPS batteries.
If you cancel an order after it has been picked, I.T.Xchange will charge a restocking fee of 15% of the cost of the item (or items) that must be restocked.
- You can not cancel an order once it has a Carrier Tracking number applied.
6.DEMAND OF PAYMENT:
Payment shall be due when specified under Terms in Appendix A. Failure by the Purchaser to pay any monies hereunder, when due, shall result in a late charge, payable upon demand, calculated daily at an interest rate of 2% per month (26.82% per annum) or if such rate shall exceed the maximum rate of interest allowed by law, then at such maximum rate. If not specified in Appendix A, the Purchase Price shall be due and payable on delivery by IT Xchange to a common carrier of the Equipment (the Delivery).
7.RISK OF LOSS:
The risk of loss or damage to the Equipment shall be borne by the Purchaser after the Equipment is made available for loading and delivery at IT Xchange’s loading dock.
8.DELIVERY OF THE EQUIPMENT:
I.T. Xchange will use reasonable efforts to ensure that the Equipment shall be delivered at the Delivery Location on or about the Delivery Date.
9.DELIVERY, INSTALLATION, INSURANCE AND TAXES:
The Purchase Price described herein is F.O.B. at the Delivery Location. All delivery, rigging and drayage charges, installation and insurance costs will be paid by the Purchaser. There shall be added to the Purchase Price such amounts equal to any taxes, including, without limitation, sales taxes, however designated, levied or based on such Purchase Price or on this Agreement or the Equipment. If the Purchaser is purchasing for resale, a duly executed resale certificate shall be delivered to IT Xchange prior to shipment of the Equipment, if requested by IT Xchange. If the Equipment or any part thereof is original equipment manufacturer product, the Purchaser agrees to provide IT Xchange with written notice of the installation date, if different from the date of sale.
10.TITLE AND SECURITY INTEREST:
IT Xchange warrants and represents that it has good title to the aforementioned Equipment, free and clear of all liens and encumbrances of whatever kind and description other than the interest of IT Xchange. Title to the Equipment is to remain vested in IT Xchange until the Purchase Price is paid in full. In addition, the Purchaser grants to IT Xchange a purchase money security interest in the Equipment as security for the performance of all the obligations of the Purchaser under this Sales Agreement, including, without limitation, the payment of the Purchase Price and consents to all necessary filings in accordance with the Personal Property Security Act, Uniform Commercial Code or any similar legislation, as the case may be, of the applicable jurisdiction. The Purchaser will execute any other financing documents in relation to the purchase of the Equipment which IT Xchange may reasonably request. All software is provided to the Purchaser pursuant to a license agreement as set out in Section 14 below, and in no event does the Purchaser acquire title to or ownership of the software.
The Purchaser hereby agrees to defend, indemnify and save harmless IT Xchange, and its agents and servants, officers and directors from and against any and all liabilities, obligations, losses, damages, penalties, claims, costs, expenses, including legal expenses, of any kind whatsoever, arising from or relating to the manufacture, order, acceptance or rejection, purchase, ownership, delivery, lease, possession, use, importation, installation, condition, sale, return or other disposition of the Equipment, including, without limitation, any costs or expenses incurred by IT Xchange in the acquisition by IT Xchange of any Equipment the cost of which is in excess of or is included in the Purchase Price in this Agreement, and any claim relating to any latent or other defects whether or not discoverable by the Purchaser, any claim in tort for strict liability and any claim for patent, trademark, design or copyright infringement.
The Purchaser acknowledges that IT Xchange is not the manufacturer of the Equipment or the agent of the manufacturer.
13.LIMITATION OF LIABILITY:
IT XCHANGE SHALL HAVE NO LIABILITY TO THE PURCHASER FOR ANY CLAIM, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY THE EQUIPMENT, BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN, BY ANY INCIDENT WHATSOEVER IN CONNECTION THEREWITH, ARISING IN STRICT LIABILITY, NEGLIGENCE OR OTHERWISE. THE PURCHASER AND IT XCHANGE AGREE THAT IN NO EVENT WILL IT XCHANGE BE LIABLE FOR DAMAGES IN RESPECT OF INCIDENTAL, ORDINARY, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE PURCHASER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY OR ANY CLAIM AGAINST THE PURCHASER BY ANY OTHER PARTY. IN NO EVENT WILL IT XCHANGES DIRECTORS, OFFICERS, EMPLOYEES OR SHAREHOLDERS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, ORDINARY, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
14.IT XCHANGE’S RIGHT TO TERMINATE:
In the event the Purchaser refuses or is unable to accept Delivery of the Equipment, or fails to pay for the Equipment when due, then IT Xchange shall have the right (a) to immediately terminate this Agreement on written notice to the Purchaser; (b) to take immediate possession of the Equipment; (c) to re‑sell or lease the Equipment; and (d) to avail itself of any legal remedy. In addition to any other right or remedy which it may have at law or in equity, IT Xchange shall be entitled to retain all monies paid hereunder as liquidated damages, not as a penalty. IT Xchange agrees to return to the Purchaser any monies paid by the Purchaser in excess of all costs and expenses resulting from the Purchaser’s default.
The Purchaser understands and acknowledges that any computer software or operating system provided to the Purchaser as part of the Equipment is provided subject to a software license agreement. Such license will be packaged together with the software or otherwise provided to the Purchaser. The Purchaser agrees that it is bound by the terms of any such software license agreement and that it will execute any such agreement upon request.
If IT Xchange is unable to deliver the Equipment due to an act of God or other cause beyond the control of IT Xchange (the Event), IT Xchange shall not be liable for such failure during the period of and to the extent of the Event. If the Event prevents or interferes with the shipment of the Equipment by the carrier which IT Xchange would ordinarily have used, shipment shall not be made by a more costly carrier unless the Purchaser specifically advises IT Xchange that the Purchaser will assume the additional carrier costs.
This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and permitted assigns. The Purchaser may not assign its rights or obligations hereunder without the prior written consent of IT Xchange.
This Agreement constitutes the entire agreement between the Purchaser and IT Xchange with respect to the purchase and sale of the Equipment. The foregoing terms and conditions shall prevail in the event of any conflict with the terms and conditions of any purchase order or other document submitted by the Purchaser in respect of the Equipment. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
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