PLEASE READ THE LENOVO SALES AGREEMENT BELOW CAREFULLY. BY CLICKING THE BOX NEXT TO THE WORDS “I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS AGREEMENT” DURING THE ONLINE PURCHASE PROCESS OR ACCEPTING PRODUCTS ACCOMPANIED BY THIS AGREEMENT, YOU (“CUSTOMER”) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT; UNDERSTAND IT; AND THAT YOU AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THIS SALES AGREEMENT.
Lenovo Sales Agreement
The Lenovo Sales Agreement (“Agreement”) is made between you (the “Customer”) and Lenovo (Canada) Inc., 55 Idema Rd., Markam, ON L3R 1A9 (“Lenovo”).
Unless there is an agreement in place between Lenovo and Customer, this Agreement, including associated warranty statements, license agreements, and any applicable attachments that are incorporated by reference herein, is the sole and complete agreement between Customer and Lenovo regarding the Products or Services purchased hereunder. Any additional or different terms in any order or communication from Customer shall not be binding on L enovo unless signed by an authorized representative of Lenovo.
Products and Services purchased on Lenovo’s website, Lenovo.com, are for Customer’s own use and not for resale. Lenovo reserves the right to refuse or cancel orders if Lenovo suspects Custome r is purchasing Products and Services for the purpose of reselling them.
Customer accepts the terms of this Agreement by clicking to accept these terms when ordering online or, when ordering by any other means, by opening the package containing the product. A Product or Service becomes subject to this Agreement when Lenovo accepts Customer’s order by shipping the hardware Product or making the software Product available to Customer; or providing the Service. Confirmation of receipt of Customer’s order shall not mean Lenovo has accepted Customer’s order.
1.1 Product shall mean any Lenovo branded or third party hardware or software that Lenovo provides to Customer under this Agreement. Hardware products include computers and accessories. Software products include computer software programs (whether pre-loaded or provided separately) and related licensed materials such as documentation.
1.2 Service is the performance of a task; provision of advice or assistance; or access to a resource such as access to an information data base that Lenovo makes available to Customer.
2. Prices, Errors and Payment
2.1 Except for credit or debit card transactions, or if not paid in advance of shipment, payment is due upon receipt of invoice. Any amounts not received by Lenovo within thirty (30) days of receipt of invoice shall be overdue. Customer shall pay a late payment fee of the lesser of one and one half (1.5%) percent per month or the maximum rate permitted by law on the undisputed overdue balance of the invoice amount. Customer shall pay any applicable sales, use or similar taxes, fees or duties unless Customer provides exemption documentation to Lenovo. Customer is responsible for taxes, if any, on Products from the date Lenovo ships them to Customer or on Services, on the date the Services are provided by Lenovo. No other discounts, quantity entitlements, or promotions apply unless agreed in writing by Lenovo. Delivery charges, if applicable, will be as specified in an invoice.
2.2 If you have made your purchase of hardware Products online and used a credit card to do so, the payment for your purchase will occur as described in this paragraph. During checkout, Lenovo will request a pre-authorization for the total order amount from your credit card company, but this is not an actual charge. Once your order ships, your credit card will
be charged. If you ordered more than one item, there may be multiple charges as items ship separately as they become available.
2.3 If Lenovo makes an error in pricing information and/or a typographic error, Lenovo may nevertheless refuse or cancel an order placed for a Product or Service quoted at such price or described in error, even if Lenovo has confirmed the receipt of Customer’s order or charged Customer’s credit or debit card. If Lenovo has charged Customer’s credit or debit card, Lenovo will issue a credit to Customer’s credit or debit card account in the amount of the charge.
3. Electronically Delivered Software Products and Delivery of Hardware Products.
3.1 In the case of electronically delivered software Products, Customer will receive an email with an activation key and download link. Customer shall be responsible for downloading the software Product and bear risk of loss relating thereto, including the failure of a computer, hard drive, or internet connection. Internet or other connection charges in connection with the download, access, and use of the software Product shall be Customer’s sole responsibility.
3.2 Where the Customer has ordered hardware Products, the Products shall be delivered to the delivery address specified by the Customer during the purchase process. Lenovo shall in no way be held responsible for any delivery delays caused by Customer’s error(s) in entering their delivery address, or any other delay caused by circumstances outside Lenovo’s reasonable control, including without limitation the circumstances described in section 7.3 of this Agreement.
If Lenovo ships the wrong Product or makes an error in the configuration of the Product ordered, Customer may return or exchange a Product in its original package to Lenovo for a full refund. Customer may only return the entire Product or all such Products for a refund. Returns allowed for any other reason will be subject to a restocking fee in the amount of 15% of the price paid and return shipping and handling fees. All requests for returns must be submitted within 30 calendar days from the date of invoice. Partial refunds or credits for Products, including installation of software Product options; or quantities of Products that are not separately priced, are not available to Customer to return. In order to return a Product, Customer must contact Lenovo to obtain an RMA (Return Merchandise Authorization). Any authorized return must include the Product and all accessories in their original packaging, along with all documentation (including invoice, RMA and original shipping label). It must be received at the Lenovo National Return Center within ten (10) calendar days of issuance of the RMA. Returns on any other basis may be refused by Lenovo. Customer assumes risk of loss and damage for Products returned without an RMA. Upon receipt of your returned Product, Lenovo will issue a credit or refund of the purchase price paid, less return shipping and handling fees, and any applicable restocking fees.
Software Products acquired separately from a hardware Product may not be returned unless media-based software is unopened and still in its sealed package or, if delivered electronically, software that you have not accepted the terms of the software license. Customer may return the software Product in such an event within 30 calendar days of the date of invoice and receive a refund or credit in the amount of the price paid. For return of electronically delivered software Products, Customer shall provide a letter of destruction to Lenovo, in a form provided by Lenovo, confirming the software Product has been uninstalled and destroyed.
5.1 Lenovo hardware Products are warranted in accordance with the Lenovo Limited Warranty accompanying each Lenovo hardware Product or as found at http://www.lenovo.com/services warranty/US/en/index.html, incorporated herein by reference.
5.2 LENOVO MAKES NO OTHER WARRANTIES FOR LENOVO HARDWARE PRODUCTS, AND LENOVO MAKES NO WARRANTIES FOR SOFTWARE, SERVICE, SUPPORT OR THIRD PARTY PRODUCTS. SUCH SOFTWARE, SERVICE, SUPPORT AND PRODUCTS ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXCEPT FOR THOSE WARRANTIES PROVIDED FOR BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO CUSTOMER. THIRD PARTY PROVIDERS OF SOFTWARE, SERVICES, PRODUCTS AND SUPPORT MAY PROVIDE WARRANTIES TO CUSTOMER.
6. Title and Risk of Loss
6.1 Lenovo transfers title to hardware Products to Customer upon delivery to Lenovo’s designated carrier. Lenovo does not transfer title to Programs.
6.2 Lenovo shall bear the risk of loss or damage to hardware Products until they are delivered to Lenovo’s designated carrier for shipment to Customer. Thereafter, Customer assumes risk of loss or damage. Hardware Products will be covered by insurance, arranged and provided by Lenovo for Customer, covering the period until they are delivered to Customer.
7.1 Customer Information. Lenovo and its affiliates may store, use and process contact information and other information about Customer, including name, phone numbers, addresses, and e-mail addresses, necessary to perform
7.2 LIMITATION OF LIABILITY. IN ANY ACTION UNDER OR RELATED TO THIS AGREEMENT, LENOVO SHALL NOT BE LIABLE TO CUSTOMER FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY OR NOT AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE: 1) THIRD- PARTY CLAIMS FOR DAMAGES; 2) LOSS OF, OR DAMAGE TO, DATA; 3) SPECIAL, INCIDENTIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR 4) LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SOME DAMAGES, THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO THIS AGREEMENT. EXCEPT FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY, LENOVO SHALL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF ACTUAL DIRECT DAMAGES SUFFERED BY CUSTOMER, UP TO THE AMOUNT CUSTOMER PAID FOR THE PRODUCT OR SERVICE.
7.3 Force Majeure. Lenovo shall not be liable to Customer for any failure or delay in the performance of its obligations hereunder, to the extent such failure or delay is caused by fire, flood, earthquakes, other elements of nature; acts of war; terrorism, riots, civil disorders, rebellions or revolutions; epidemics, communication line or power failures; governmental laws, court orders or regulations; or any other cause beyond the reasonable control of Lenovo.
7.4 Product Changes. Lenovo may change or discontinue Products at any time. In such event, Lenovo may fulfill Customer’s order with a Product that has the same functionality and performance as the Product ordered by Customer.
7.5 Governing Law. This Agreement and all orders issued hereunder shall be governed by the laws of the province of Ontario, without regard to its conflict of law principles.
7.6 Choice of venue . You agree that any legal action or proceeding between you and Lenovo arising out of this Agreement shall be brought exclusively in the courts located in the city of Toronto, in the province of Ontario, Canada.