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Terms of Sale
 

Please read this document carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

This Agreement contains the terms and conditions that apply to your purchase from the PNY Asia entity named on the invoice ("PNY Asia") that will be provided to you ("Customer") on orders for computer electronics, related products and/or services and support sold in the Republic of China (Taiwan). By accepting delivery of the computer electronics, other products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply unless Customer has signed a separate purchase agreement with PNY Asia, in which case the separate agreement shall govern; or unless other PNY Asia standard terms apply to the transaction. These terms and conditions are subject to change without prior written notice at any time, in PNY Asia's sole discretion. Additionally, any and all promotions, publications, and/or other public offers terms and conditions may be cancelled, made void, or otherwise modified by PNY Asia at any time without any written notice at any time, in PNY Asia's sole discretion.
 

  1. Other Documents

These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void.
 

  1. Governing Law

This Agreement and any sales thereunder shall be governed by the laws of the Republic of China, without regard to conflicts of laws rules.
 

  1. Payment Terms; Orders; Quotes; Interest

Terms of payment are within PNY Asia's sole discretion, and unless otherwise agreed to by PNY Asia in writing, payment must be received by PNY Asia prior to PNY Asia's acceptance of an order. Payment for the products and services and support will be made by credit card. Orders are not binding upon PNY Asia until accepted by PNY Asia. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
 

  1. Shipping Charges; Taxes

Separate charges for shipping and handling will be shown on PNY Asia's invoice(s). The Customer is responsible for sales and all other taxes associated with the order, however designated, except for taxes on PNY Asia's net income. If applicable, a separate charge for taxes will be shown on PNY Asia's invoice.
 

  1. Title; Risk of Loss

Title to products passes from PNY Asia to Customer on shipment from PNY Asia's facility. Loss or damage that occurs during shipping is the Customer's responsibility. Title to software will remain with the applicable licensor(s).
 

  1. Warranties

The limited express warranties applicable to PNY-branded products are included in the documentation delivered along with the products. Any such express warranties will be effective, and PNY Asia will be obligated to honor any such express warranties, only upon PNY Asia's receipt of payment in full for the item to be warranted. PNY Asia disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, infringement, and fitness for a particular purpose. PNY Asia's responsibility for warranty claims is limited to repair and replacement as set forth in PNY Asia's applicable warranty statement in effect on the date of the invoice, and this shall be sole and exclusive remedy provided to Customer.

PNY Asia reserves the right to modify its warranty at any time, in its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. PNY Asia does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
 

  1. Return Policies

PNY Asia parts that are purchased directly from PNY Asia by an end-user Customer may be returned by Customer in accordance with PNY Asia's “Return Policy” in effect on the date of the invoice. No product may be returned without prior authorization and issuance of an approved RMA number by PNY Asia.
 

  1. Exchanges

From time to time, PNY Asia may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with PNY Asia's exchange policies in effect on the date of the exchange.
 

  1. Products

PNY Asia may revise and discontinue products at any time. PNY Asia will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
 

  1. Limitation of Liability

PNY Asia does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use or for lost or corrupted data or software, or the provision of services and support PNY Asia will not be liable for direct damages beyond the purchase price of the affected products, or 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 except as expressly provided herein. This limitation of liability applies both to products and services and support Customer’s purchase under this Agreement. Customer agrees that for any liability related to the purchase of products or services bundled with the products, PNY Asia is not liable or responsible for any amount of damages above the aggregate dollar amount paid by Customer for the purchase of products under this Agreement. Customer agrees that for any liability related to the purchase of services not bundled with products under this Agreement, PNY Asia is not liable or responsible for any amount of damages above the aggregate dollar amount paid by Customer for the purchase of services under this Agreement. This limitation of liability shall continue to apply even if the exclusive remedy or repair or replacement fails of its essential purpose.
 

  1. Applicable Law; Not For Resale

Customer agrees to comply with all applicable laws and regulations of the Republic of China (Taiwan). Customer agrees and represents that it/he is buying for its/his own internal use only, and not for resale.
 

  1. Service and Support

PNY Asia will provide support, to Customer in the Republic of China (Taiwan), in accordance with the then-current service and support policies and conditions in effect. For end-user Customers, PNY Asia promises that its support people will attempt to handle over the telephone any problem involving PNY Asia Products. However, PNY Asia's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. The support programs and their terms and conditions in place at the time of purchase will apply to Customer's purchase. PNY Asia has no obligation to provide support until PNY Asia has received full payment for the Product or services and support that Customer purchased.
 

  1. Dispute Resolution

The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against PNYAsia, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "PNY Asia") arising out of or relating to this Agreement, PNY Asia's advertising, or any related purchase (a "Dispute") through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other, the Parties hereby agree to the exclusive jurisdiction of the Hsinchu District Court.
 

  1. Headings

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. (REV 1/03)

 

 

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