APPLICATION OF TERMS AND CONDITONS OF SALE
The following terms and conditions shall govern the sale by Hewlett-Packard (Canada) Co ("HP" or "Seller") of orders for computer systems and/or related products and/or standard services (hereinafter "Product") sold to Customers located in Canada, unless Customer has signed a separate formal purchase agreement with HP. Certain additional terms may accompany the Product and shall apply.
By using hp.ca to make on-line purchases the Products, as defined herein, Customer agrees to be bound by and accepts these Terms and Conditions of Sale (referred to throughout as “Terms and Conditions”).
HP reserves the right to add, delete or amend these Terms and Conditions without prior written notice at any time, at HP's sole discretion.
“Customer” means any person ordering products from HP’s hpshopping.ca store for their own personal use and not for resale, either on-line or over the telephone, and who has not entered into a separate formal purchase agreement with HP.
“HP Products” means any hardware, software or services supplied by HP that is branded with the HP or Compaq trademark sold through the hpshopping.ca site.
"Third Party Products” refers to hardware, products or software supplied by HP under the brand name of a third party sold through the hpshopping.ca site.
“Products” means collectively both HP and Third Party Products sold through the hpshopping.ca.
QUOTES; ORDERS; PAYMENT TERMS
Subject to the terms contained in this section, any quotation provided by HP will be valid for the duration stated in the quotation. If no duration is stated, such quotation will be valid for 48 hours.
Although HP strives to provide accurate product and pricing information, errors or misprints may occur. HP cannot confirm the price of a Product until after you order the Product. Notwithstanding anything contained in this section 2, in the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, HP shall have the right, at our sole discretion, to refuse or cancel any orders, or part of an order placed or subsequently processed by HP for that Product and terminate the purchase agreement without further liability. In the event that a Product is priced in error or a Product information error occurs, HP may, at our sole discretion, contact you for instructions, cancel your order and notify you of such cancellation, terminate the purchase agreement and/or correct the error on our web site.
Payment shall be made by credit card or some other pre-arranged method of payment acceptable to HP. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and HP shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.
If Customer has requested and been approved for consumer financing, such financing will be provided through a third party financing service provider and Customer will be subject to the terms and conditions of such financing service provider.
For the installation of in-home Products, such as televisions, HP may refer customer to an independent third party service provider to perform such installation. Any referral provided by HP is not an endorsement or guaranty of the service provider’s services. Customer will be subject to and bound by the service provider’s own terms and conditions.
Product availability may be limited. Products ordered may not be available for immediate delivery. HP reserves the right, without liability or prior notice, to revise or cease to make available any or all Products. If there are any revisions to or cessation of Products, HP may, with Customer’s consent, ship Products which have similar functionality and specifications to the Products originally ordered. Customer will be given the opportunity to either reject or accept the substitute Product and price for the substitute Product which may differ from the price of the original Product. Product substitutions will not be available for Factory Outlet or refurbished product purchases.
PRICES, SHIPPING AND HANDLING CHARGES, RECYCLING FEES AND APPLICABLE TAXES
HP will only ship to Canadian locations: Products shipped may not be re-routed by customer. Prices quoted do not include charges for shipping and handling, electronic waste recycling fees to be remitted by HP under any provincial electronic waste recycling program and applicable federal and provincial taxes. Separate charges for shipping and handling, and electronic waste recycling fees, if applicable will be shown separately on the invoice.
Customer is responsible for all sales, use, goods and services, harmonized sales, and other taxes associated with the order. Unless Customer provides HP with a valid and correct tax exemption certificate applicable to the product ship-to location prior to HP’s acceptance of the order, the customer is responsible for sales and other taxes associated with the order, however designated, except taxes on HP’s net income. If applicable, a separate charge for taxes will be shown on HP’s invoice.
Please Note: As of 11/02/12 an environmental recycling fee will appear temporarily on Quebec orders but you will not be charged the fee on your invoice.
HP's policy is one of on-going product update and revision. HP may revise and discontinue Products shown on our website at any time. HP 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.
TITLE AND RISK OF LOSS OR DAMAGE; DELIVERY
Title in the Product and risk of loss shall pass to Customer and acceptance will occur upon delivery to the “ship to” address or, if special shipping arrangements are agreed to, upon delivery to Customer’s carrier or designee.
HP may deliver the Products ordered in installments. Any delivery or shipment dates given by HP are estimates only and HP is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date.
You may be able to return your HP Product for a replacement or refund if you strictly adhere to all of the terms and conditions below:
- Subject to the terms and conditions herein, except for software. Products may be returned within thirty (30) calendar days of your invoice date, except Products purchased from the Clearance Centre or refurbished product area of hpshopping.hp.ca in which case the Product may be returned within ten (10) calendar days of your invoice date.
- All eligible returns require prior authorization by HP. Customer must call HP at 1-877-231-4351 to first get authorization to return (RMA), and Customer must then return the Product within 10 calendar days of being issued the RMA.
- All items must be in "as new" condition, in original packaging, and with all warranty cards, manuals, and accessories. HP reserves the right to inspect returns.
- In order to receive a full refund of your purchase price, all components sold together as part of a HP promotional offer ("bundle") must be returned at the same time. If you choose to return only part of the bundle, HP will subtract the list price of the component(s) being returned from the total list price of the bundle and, if you paid more than such resulting amount, HP will refund the over-payment to you.
- Product must be returned with all shipping and insurance charges pre-paid. Customer will not be reimbursed for such charges, except where Product is being returned because it is deemed defective by HP.
- Refunds on purchases made with a credit card will only be credited to the same card.
- After receipt and inspection of the Product returned in compliance with all of the above terms, a credit will be issued.
- If you financed your purchase through HP's third party financing service provider, refunds will not include any interest due on the loan or any of the non-refundable amounts described above and you will remain responsible for the performance of the obligations contained in your financing agreement.
From time to time, HP may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with HP's exchange policies in effect on the date of the exchange.
LIMITED WARRANTY ON HP PRODUCTS
HP’s Limited Warranty statement is available for you to read prior to purchase at hp.ca. It will also be included with each HP Product shipped to Customer. HP reserves the right to modify its warranty statement at any time, in its sole discretion. Warranty is only valid upon HP's receipt of payment in full for the HP Product to be warranted.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY STATEMENT, HP MAKES NO OTHER WARRANTIES OR CONDITIONS AND THE WARRANTY STATEMENT IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS, PROMISES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THE PRODUCT’S LIMITED WARRANTY STATEMENT. ANY IMPLIED WARRANTIES AND CONDITIONS THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD.
TO THE EXTENT ALLOWED BY LOCAL LAW, HP'S LIABILITY FOR HP HARDWARE WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE LIMITED WARRANTY STATEMENT. HP'S LIABILITY FOR HP SERVICE WARRANTY CLAIMS IS LIMITED TO REMEDYING THE NON-CONFORMING SERVICE AS SET FORTH IN THE APPLICABLE LIMITED WARRANTY STATEMENT.
SOFTWARE LICENSE AND WARRANTY
Title to any software installed with the HP Products shall remain with the applicable licensor(s). All software is subject to the applicable license agreement which is included with the Product(s). Customer shall be bound by the license agreement once the software is opened, the package is opened or its seal is broken. Warranty for any software shall be in accordance with the license agreement. HP DOES NOT WARRANT ANY SOFTWARE UNDER THIS AGREEMENT.
THIRD PARTY PRODUCTS
Third Party Products carry different warranty policies than HP Products. Any warranty and technical support provided on a Third Party Product is provided by the original manufacturer, not by HP. The warranties and technical support may vary from product to product.
EXCLUSION AND LIMITATION OF LIABILITY
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, HP'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT WILL HP BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INCIDENTIAL, SPECIAL DAMAGES OR ECONOMIC LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, EXPENDITURES, INVESTMENTS, COMMITMENTS OR LOST PROFITS) ARISING FROM ANY CLAIM OR ACTION, INCIDENTAL OR COLLATERAL TO, OR DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE OF THE PRODUCTS HEREUNDER, WHETHER SUCH CLAIM IS BASED IN CONTRACT, STATUTE, TORT, IMPLIED DUTIES OR OBLIGATIONS OR OTHER LEGAL THEORY.
HP SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE, DIRECTLY OR INDIRECTLY, TO MATTERS BEYOND THE CONTROL OF HP INCLUDING, BUT NOT LIMITED TO, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY LABOUR DISPUTE OR ACT OF GOD.
For the purposes of this Section 12, "HP" includes its employees, subcontractors, and suppliers.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to principles of conflict of law. Without limiting the foregoing, Customer and HP irrevocably and unconditionally: (a) agree that any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be brought in the Ontario Superior Court of Justice, in the city of Toronto, (b) consents to the exclusive jurisdiction of such court in any such suit, action or proceeding ; (c) waives any objection to the laying of the venue of any such suit, action or proceeding in any such courts; and (d) waives any right that it may have to assert the defence of forum non-conveniens in any such suit, action or proceeding.
By accepting this agreement you confirm that you are not located in (or a national resident of) any country under Canadian or U.S. Economic embargo or sanction, not identified on any U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern or Canadian equivalent, on the US State Department Debarred Parties List or Treasury Department Designated Nationals exclusion list or any Canadian equivalent, and not directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 CRF 744) and hardware, software, technology, or services may not be exported, re-exported, transferred or downloaded to any such entity.
NOT FOR RESALE
Customer agrees and represents that it is buying for its own internal use within Canada and not for resale.