Terms and Conditions 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 DOCUMENT CONTAINS AN ARBITRATION CLAUSE. This Agreement contains the terms and conditions that apply to your (“Customer”) purchase from CTH-Computers. (“CTH”) for the used computer systems and/or related products (“Products”) sold by CTH on the or other auction websites (“Websites”) or through a CTH sales agent. By purchasing the Products, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS OTHERWISE AGREED IN WRITING BY CTH AND CUSTOMER. These terms and conditions are subject to change without prior written notice at any time, at CTH’s sole discretion. Products SOME PRODUCTS SOLD BY CTH PURSUANT TO THIS AGREEMENT ARE USED, AND MAY CONTAIN USED PARTS, WHEREAS “NEW” CONTAINS ALL NEW PARTS. Payment Terms; Orders Payment in full must be received by CTH prior to shipment of the Products. Orders are not binding upon CTH until accepted by CTH (as evidenced by shipment of the Products). CTH is unable to make address changes, cancels or updates after the order is placed. Shipping Charges / Taxes and Other Related Fees Separate charges for shipping and handling will be assessed on all Products. Customer is responsible for sales and all other taxes and fees associated with the purchase. All orders must be signed for, no holds or redirects allowed. Returns for incorrect address or refusal of delivery may result in a restocking fee. Title / Risk of Loss Title to the Products passes from CTH to Customer on shipment from CTH’s facility. CTH will not be responsible for damage during shipment. The customer must inspect the package for signs of tampering or physical damage before accepting delivery. Once the package is accepted, and there is damage to the product(s), the customer will be responsible for filing a claim with the carrier, and will be responsible for any charges that may occur in getting a replacement or refund, such as shipping costs. CTH will provide necessary assistance as required. Export Customer acknowledges that the Products and Software sold under this Agreement, which may include technology and encryption, are subject to the customs and export control laws and regulations of Canada and the United States (“U.S.”) and may also be subject to the customs and export laws and regulations of the country in which the Products or Software are made or received. You agree to abide by those laws and regulations. Customer shall indemnify and hold CTH harmless against any claims, damages or losses incurred as a result of Customer’s failure to comply with the Act or terms contained herein. CTH reserves the right to terminate any purchase or this Agreement if Customer fails to comply with the Act or the terms contained herein. Software CTH has no right, title, or interest in any software that may be contained in or a part of the Products. Title to software will remain with the applicable licensor(s). Any rights that Customer may have with respect to the software shall arise only pursuant to licence agreements (“Licences”) between Customer and the licensor(s), which Licences may be contained within the packaging associated with the Products. Customer agrees to use all software in accordance with the Licences. Warranties USED PRODUCTS ARE SOLD WITH A LIMITED WARRANTY. NEW PRODUCTS ARE SOLD WITH A LIMITED WARRANTY. OPEN BOX ITEMS ARE SOLD WITH A LIMITED WARRANTY. Return Policies Subject to the following requirements, Customer may return the Products within seven (7) days from the date of shipment and obtain a credit or refund of the purchase price paid less shipping and handling and any applicable restocking fees. To return the Products, Customer must EMAIL CTH at (email@example.com) to receive a Credit Return Authorisation. Customer must ship the Products to CTH in the original packaging and insure the shipment or accept the risk of loss or damage during shipment, all of which shall be at Customer’s expense. The original sales invoice(s) must accompany the returned Products. To be eligible for return, the Products must be in same condition as when shipped to Customer and all of the manuals, power cords, software and other items shipped with the Products must also be included. No returns will be allowed for Products that are damaged while in Customer’s possession or control. FROM TIME TO TIME, CTH MAY, IN ITS SOLE DISCRETION, EXCHANGE PRODUCTS OR PORTIONS OF A PRODUCT. Restocking Fees Unless the product is defective (as reasonably determined by CTH) or the return is a direct result of a CTH error, CTH will charge a restocking fee of 15% of the purchased price paid. Limitation of Liability CTH DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS AGREEMENT. CTH 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 EXCEPT AS EXPRESSLY PROVIDED HEREIN. CTH’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 WEBSITES AND THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE ACTUAL AMOUNT OF SUCH LOSS OR DAMAGE OR THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM. Applicable Law / Not For Resale THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE DEEMED TO HAVE BEEN MADE IN THE PROVINCE OF SASKATCHEWAN AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE PROVINCE OF SASKATCHEWAN AND THE APPLICABLE LAWS OF CANADA. THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF THE PROVINCE OF SASKATCHEWAN. Customer agrees to comply with all applicable laws and regulations, including all applicable government export laws and regulations including those which apply to export of data. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Other Product Information Refurbished CTH computers, CTH used and new computer products and supplies limited to stock on hand. No rain cheques. Taxes, fees, shipping, handling and any applicable restocking charges, other than free CTH shipping offers, if applicable, are extra and vary. Special offers on refurbished and/or new CTH computers not necessarily combinable. CTH deals and CTH discounts cannot be retroactively applied. The CTH site and special offers on refurbished CTH computers and new and used CTH computers contained herein valid only for end users and not resellers and/or online computer auctions. CTH cannot be responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Due to CTH computer supplies being limited to stock on hand, CTH reserves the right to cancel any CTH computer equipment orders in which the payment method used is not authorised, within 2 business days of the order processing. Your CTH order is subject to cancellation by CTH, at CTH’s sole discretion. If orders for CTH-COMPUTERS computer systems are cancelled by CTH, all CTH-COMPUTERS computer equipment, CTH computer parts and related item(s) will be returned to stock.