Terms and Conditions of Sales
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 Omega Computer that will be provided to you ("Customer") on orders for computer systems, related products and/or services sold in Bangladesh. By accepting delivery of the computer systems, related products and/or services described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH Omega Computer, IN SUCH CASE, THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS Omega Computer's STANDARD TERMS APPLY TO THE TRANSACTION. This agreement, the policies printed in the applicable Omega Computer advertisement, and the policies, terms and conditions stated on the applicable Omega Computer invoice and/or packing slip constitute the entire agreement between the parties relating to the subject matter herein and cannot be modified except in a written agreement signed by both parties. These terms and conditions are subject to change without prior notice at any time, in Omega Computer'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), except as otherwise noted. Any attempt to alter, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend the document or to enter an order for product(s) or services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Online Micro.
2. Governing Law. Transactions between Customer and Omega Computer shall be governed by and construed in accordance with the laws of the Govt. of Bangladesh, without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
3. Payment Terms; Order, Quotes; Interest. Terms of payment are within Omega Computer's sole discretion, and unless otherwise agreed to by Omega Computer, payment must be made received by Omega Computer prior to Omega Computer's acceptance of an order. Payment for the products and services will be made by cash or bank cheque payment method unless credit terms have been agreed by Omega Computer. Invoices are due and payable within the time period noted on Omega Computer's invoice, measured from the date of the invoice. Omega Computer may invoice parts of an order separately. Orders are not binding upon Omega Computer until accepted by Omega Computer. Any quotation given by Omega Computer will be valid for the period state on the quotation; otherwise all quotations are expired 24 hours from their submission. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Omega Computer’s invoice(s). The Customer is responsible for sales and all other taxes associated with the order. If applicable, a separate charge will be shown on Omega Computer’s invoice.
5. Title; Risk of loss; Late or Delayed Shipments Title to items being purchased is retained by Omega Computer until said items are paid for by the purchaser, and title passes to purchaser at that time. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. Omega Computer will not incur any forwarding costs on shipments. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software shall remain with the applicable licensor(s).
6. Warranty Disclaimer and Limitation of Liability:
Omega Computer explicitly disclaims all expressed or implied warranties, including any implied warranty of merchantability or fitness for a particular purpose.
Omega Computer shall have no liability to anyone for incidental or consequential damages, or any other liability, including 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. Omega Computer will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services, omega computer is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
All merchandise is sold AS IS. Unless otherwise noted on the invoice, Omega Computer makes no warranty as to the performance of any merchandise sold. Omega Computer is not responsible for system downtime, lost data, etc. Omega Computer does not warrant that the functions contained in any product sold will be uninterrupted or error-free, or that defects will be corrected, or that its Web site or the server that makes it available are free of viruses or other harmful components. Omega Computer does not warrant or make any representations regarding the use or the results of the use of any product purchased in terms of its compatibility, correctness, accuracy, reliability or otherwise. This disclaimer by Omega Computer in no way affects the terms of a manufacturer's warranty, if any.
7. Changes: Pricing, availability, and Offers. Due to the fast-moving nature of the computing industry, prices, promotions and product availability are subject to change without prior notice. Omega Computer reserves the right to make changes without notice due to market conditions, manufacturer or supplier product discontinuation, or typographical, photographic or technical errors in online or print advertising. Product and packaging depicted may differ from stock available at time of shipment. Omega Computer reserves the right to substitute equivalent items. If Customer has ordered a product that is subject to a price increase, Omega Computer shall hold Customer's order and inform Customer of the increase.
8. Return Policies and Procedure
Defective merchandise should be returned for repair to the manufacturer or any authorized service center in Customer's area. Additional manufacturers may be added to this list as manufacturer policies change.
Software, Custom orders, volume licensing program software, products designated as special order are final and cannot be returned even unopened.
If your product is not made by one of the manufacturers mentioned above, or does not fall on the category of software, special or custom order, the following policy applies:
Closed packages: Omega Computer cannot accept returns of products once they have been opened. Before opening each product, Customer shall check the packaging and label carefully to be sure that Customer received the correct product and version. If the supplier's original packaging and seal is still intact, Customer may return the product to us within 3 days from purchase for an exchange, merchandise credit (excluding shipping and handling charges), subject to a 20% restocking fee. Return shipping to Omega Computer is at Customer's own expense.
All Returns must be 100% complete, in original and resalable condition, with all original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, registration card(s), software, blank warranty cards, cabling and other accessories and documentation. Omega Computer reserves the right to refuse a return on any product that does not meet these requirements.
Replacement items will be shipped after the defective item is received and inspected by Omega Computer's Returns Department.
Omega Computer is not responsible for lost or stolen packages.
Customer is responsible for shipping charges on all returned items.
Omega Computer strongly recommends that Customer fully insure the return shipment in case it is lost or damaged and use a carrier that can provide it with proof of delivery for Customer's protection.
Omega Computer reserves the right to refuse a return on any product that does not meet the above requirements.
09. Damaged Shipment Customer should make sure that the damaged package it is noted on the carrier's delivery record in order for Omega Computer to file a damage claim. Customer shall save the merchandise in the original box and packing it arrived in, notify Omega Computer immediately to arrange for a carrier inspection and pick up of damaged merchandise. If Customer does not notify Omega Computer of damaged goods within the first 3 days of arrival, Omega Computer’s regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions.
By agreeing to these Terms and Conditions of Use, Customer agrees to the foregoing and represents and warrants that Customer is not located in, under the control of, or a national or resident of any such country or on any such list.
10.Delivery Period: Products will be delivered within 2 to 3 days after receiving the work order (depends on the stock limit).