Terms & Conditions
January 2008
HP online store
TERMS OF USE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.
USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT
ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.
Use of Site. Hewlett-Packard HK SAR Ltd ("HP") authorizes you to view and
download the materials at this Web site ("Site") only for your personal,
non-commercial use, provided that you retain all copyright and other
proprietary notices contained in the original materials on any copies of
the materials. You may not modify the materials at this Site in any way or
reproduce or publicly display, perform, or distribute or otherwise use
them for any public or commercial purpose. You may not link this web site
to any other web site or document for any public or commercial purpose.
For purposes of these Terms, any use of these materials on any other Web
site or networked computer environment for any purpose is prohibited. The
materials at this Site are copyrighted and any unauthorized use of any
materials at this Site may violate copyright, trademark, and other laws.
If you breach any of these Terms, your authorization to use this Site
automatically terminates and you must immediately destroy any downloaded
or printed materials.
Disclaimers
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. HP's obligations with respect to its products and
services are governed solely by the agreements under which they are
provided and nothing on this Site should be construed to alter such
agreements. HP further does not warrant the accuracy and completeness of
the materials, software or services at this Site. HP may make changes to
the materials and services at this Site, or to the products and prices
described in them, at any time without notice. The materials and services
at this Site may be out of date, and HP makes no commitment to update the
materials and services at this Site. Information published at this Site
may refer to products, programs or services that are not available in your
country. Consult your local HP business contact for information regarding
the products, programs and services that may be available to you.
Applicable law may not allow the exclusion of implied warranties, so this
exclusion may not apply to you.
Limitation of Liability
IN NO EVENT WILL HP, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT
THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF
USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR
INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED
ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE
MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS
THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU.
Use of Software
Any software that is made available to download from this Site is the
copyrighted work of HP and/or its suppliers. Use of the software is
governed by the terms of the end user license agreement, if any, which
accompanies or is included with the software ("License Agreement"). You
may not download or install any Software that is accompanied by or
includes a License Agreement unless you have read and accepted the terms
of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE
IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
User Submissions. Any material, information or other communication you
transmit or post to this Site will be considered non-confidential and
non-proprietary ("Communications"). HP will have no obligations with
respect to the Communications. HP and its designees will be free to copy,
disclose, distribute, incorporate and otherwise use the Communications and
all data, images, sounds, text, and other things embodied therein for any
and all commercial or non-commercial purposes. You are prohibited from
posting or transmitting to or from this Site any unlawful, threatening,
libelous, defamatory, obscene, pornographic, or other material that would
violate any law.
User Chat Rooms. HP may, but is not obligated to, monitor or review any
areas on the Site where users transmit or post Communications or
communicate solely with each other, including but not limited to chat
rooms, bulletin boards or other user forums, and the content of any such
Communications. HP however, will have no liability related to the content
of any such Communications, whether or not arising under the laws of
copyright, libel, privacy, obscenity, or otherwise. HP retains the right
to remove messages that include any material deemed abusive, defamatory,
obscene or otherwise unacceptable.
Links To Other Web Sites. . Links to third party Web sites on this Site
are provided solely as a convenience to you. If you use these links, you
will leave this Site. HP has not reviewed all of these third party sites
and does not control and is not responsible for any of these sites or
their content. Thus, HP does not endorse or make any representations about
them, or any information, software or other products or materials found
there, or any results that may be obtained from using them. If you decide
to access any of the third party sites linked to this Site, you do this
entirely at your own risk.
Trademarks
HP and the names of HP products referenced herein are either trademarks
and/or service marks or registered trademarks and/or service marks of HP
and/or its subsidiaries.
Microsoft, Windows, Windows NT, SQL Server, Office and BackOffice are
either trademarks or registered trademarks of Microsoft Corporation.
Intel, the Intel Inside logo, and Pentium are registered trademarks of the
Intel Corporation or its subsidiaries in the United States and other
countries.
The BlackBerry family of related marks, images and symbols are the
exclusive properties of, and trademarks of, Research In Motion Limited,
used by permission. "Always On, Always Connected" and the "envelope in
motion" symbol are registered trademarks of Research In Motion, used by
permission.
Other product and company names mentioned herein may be trademarks and/or
service marks of their respective owners.
Applicable Laws. HP makes no representation that materials or services at
this Site are appropriate or available for use outside Hong Kong, and
access to them from territories where their contents are illegal is
prohibited. You may not use or export or re-export the materials or
services at this Site or any copy or adaptation in violation of any
applicable laws or regulations including without limitation U.S. and Hong
Kong export laws and regulations. If you choose to access this Site from
outside of Hong Kong, you do so on your own initiative and are responsible
for compliance with applicable local laws. These Terms will be governed by
and construed in accordance with the laws of Hong Kong, without giving
effect to any principles of conflicts of laws.
General. HP may revise these Terms at any time by updating this posting.
You should visit this page from time to time to review the then-current
Terms because they are binding on you. Certain provisions of these Terms
may be superseded by expressly designated legal notices or terms located
on particular pages at this Site.
1. Application of terms and conditions of sale
The following terms and conditions shall govern the sale by the HP entity
named on the invoice ("HP" or "Seller") that will be provided to Customer
for computer systems and/or related products sold by HP ("Products"),
unless (a) Customer has signed a separate formal purchase agreement with
HP, in which case the terms and conditions of the separate agreement shall
govern or (b) unless other standard HP terms and conditions apply to the
transaction. By ordering the Products and/or accepting delivery of the
Products described on the invoice, Customer agrees to be bound by and
accepts these terms and conditions. HP reserves the right to change these
terms and conditions without prior written notice at any time, at HP's
sole discretion.
2. Other documents do not apply
Any term or condition of Customer's order which is any way inconsistent
with or in addition to these terms and conditions shall not be applicable
or binding on HP, unless otherwise agreed in a written agreement signed by
Customer and HP and HP's failure to object shall not be considered a
waiver of these terms and conditions. These terms and conditions may not
be supplemented, altered or modified by the use of any other document(s).
Any attempt to modify, supplement or amend these terms and conditions will
be null and void, unless agreed in writing by HP.
3. Orders and Quotations/ Cancellations
All orders are not binding on HP unless acknowledged by HP. The prices
provided at the HP online Store are fixed when the order is received by
HP. Such prices are only valid if the official Hong Kong Bank spot
exchange rate for US$:HK$ is within 5% of 7.8. Any order may be cancelled
by Customer prior to delivery of the Products provided that if any order
is cancelled after it has been acknowledged by HP, HP reserves the right
to charge Customer a cancellation fee of twenty per cent (20%) of the value
of the order.
4. Payment Terms
Terms of payment shall be determined at HP's discretion and unless
otherwise agreed to by HP, payment shall be made by Customer prior to HP's
acceptance of Customer's order. Payment shall be made by credit card or
some other pre-arranged methods 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 honour the
credit card for any reason. If credit term have been agreed by HP,
Customer shall pay invoices within thirty (30) days from the date of the
invoices or such period which may be agreed in writing between Customer
and HP. Customer shall pay interest of one and one-half per cent (1.5%)
per month or at the highest rate allowed by law, whichever is the greater,
for any late payment.
5. Prices, Shipping & Handling Charges/ Taxes & Customs
All Prices include Goods and Services Tax. Purchases below HK$3,000 are
subject to Shipping & Handling charges. Unless otherwise stated, all other
items will be paid by Customer at the prevailing rates.
6. Title and Risk of Loss or Damage/ Delivery
Title to the Products shall pass to Customer upon receipt of payment by
HP, unless otherwise agreed in a formal agreement between Customer and HP.
Risk of loss or damage to the Products shall pass from HP upon delivery to
Customer. HP may deliver the Products ordered in installments. Any
delivery, shipment or installation date 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, shipment or installation
date.
7. No Returns or Exchanges
Products ordered and/or delivered cannot be returned or exchanged, unless
otherwise agreed by HP Hong Kong, at its sole discretion. All orders
placed at the Online Store may not be cancelled by Customer.
8. Warranty
A limited warranty statement will be included with each HP branded product
shipped to Customer. HP reserves the right to modify its warranty
statement at any time, at its sole discretion. HP will be obligated to
honor any such warranty only upon HP's receipt of payment in full for the
product to be warranted.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY STATEMENT, HP MAKES NO OTHER
WARRANTIES AND THE WARRANTY STATEMENT IS IN LIEU OF ALL OTHER WARRANTIES
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HP'S LIABILITY
FOR WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN
THE APPLICABLE WARRANTY STATEMENT.
Similar to other resellers of software, peripherals and accessories, HP
does not warranty third-party products. Third-party software, peripherals
and accessories products are covered by the warranties provided by the
original manufacturer or publisher only. The original publisher or
manufacturer may warrant third-party software, peripherals and accessories
products. Third-party manufacturer warranties may vary from product to
product. Consult your product documentation for specific warranty
information. More information may be available from the manufacturer or
publisher.
While HP offers a wide selection of software, peripherals and accessories
products, we do not specifically test or guarantee that all of the
products we offer work with any or all of the various models of HP
computers, nor do we test or guarantee all of the products we sell on the
hundreds of different brands of computers available today. If you have
questions about compatibility, we recommend and encourage you to contact
the manufacturer directly, or a local HP product reseller.
9. Software License & Warranty
Title to any software installed with the Products shall remain the
applicable licensor(s). All software is subject to the applicable licence
agreement which is included with the product(s). Customer shall be bound
by the licence agreement once the package is opened or its seal is broken.
Warranty for any software (if any) shall be in accordance with the licence
agreement. If you download software from this Site ("Software"), use of
the Software is subject to the license terms in the Software License
Agreement that accompanies or is provided with the Software. You may not
download or install the Software until you have read and accepted the
terms of the Software License Agreement.
If you download software from this Site ("Software"), use of the Software
is subject to the license terms in the Software License Agreement that
accompanies or is provided with the Software. You may not download or
install the Software until you have read and accepted the terms of the
Software License Agreement.
10. Installation/ Services & Support
Service and support offerings will vary from product to product and
subject to prevailing terms and conditions established by HP Hong Kong
and/or an Authorised HP Hong Kong Service Provider. The offerings may be
changed by HP Hong Kong at any time, in its sole discretion. HP Hong Kong
has no obligation to provide service or support unless HP Hong Kong has
received full payment for the Products or for the service and support
requested by Customer.
11. HP Products Availability & Discontinuance
Availability of the Products is limited and Products may not be available
for immediate delivery. HP Hong Kong reserves the right, without liability
or prior notice, to revise or cease to make available any or all Products.
If there is any revision or cessation, HP Hong Kong may ship products
which have the functionality and specifications of the Products ordered
("Substituted Products") but there will be differences in the
specifications between what was shipped and what was ordered. Customer
shall be deemed to have accepted such differences if Customer accepts
delivery of the Substituted Products.
12. HP Compatibles (3rd Party Options & Accessories)
Taxes: Customer is responsible for all applicable sales taxes, import
duties, stamp duty, value added tax and like levies and taxes.
Installation: Prices quoted are not inclusive of installation. If you need
assistance in installation, you may purchase an installation and set-up
service at the time of purchasing the Product or you can go to any of the
HP authorized dealers for help. You may need to pay a minimal fee.
Delivery: HP Compatible products offered in the HP store will be sent to
the customer directly from the source Manufacturer. This may result in
separate shipments and delivery schedules beyond the standard delivery
terms of 9 working days (upon clearance of your payment). Customers may
confirm delivery schedules of HP Compatibles by calling the HP Contact
Center at 800-938-833 (for Hong Kong) or 0800-118 (for Macau).
Warranty/Support: HP does not warrant HP Compatibles products, which HP
distributes "as is". HP Compatibles products may be warranted by the third
party as specified in the documentation accompanying the HP Compatibles
products. HP will not be responsible for compatibility of products not
manufactured or supplied by HP.
13. Exclusion & 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 SHALL HP BE LIABLE TO CUSTOMER
OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT
NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE
EVEN IF HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE ORF
ANY CLAIM BY ANY THIRD PARTY. HP SHALL NOT BE LIABLE IF IT IS UNABLE TO
PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE
TO, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF
AUTHORISATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION
LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY
OTHER EVENT BEYOND THE CONTROL OF HP. IF ANY SERVICE (INCLUDING BUT NOT
LIMITED TO INSTALLATION OF THE PRODUCTS) IS PERFORMED BY ANY THIRD PARTY
AUTHORISED BY HP, HP SHALL NOT BE LIABLE FOR ANY ACT, NEGLECT, OMISSION OR
WILFUL DEFAULT OF SUCH THIRD PARTY.
14. Governing Law & Jurisdiction
The sale of the Products shall be governed by the laws Hong Kong. Customer
and HP shall submit to the non-exclusive jurisdiction of the courts of
Hong Kong.
15. Export Control
All sales are subject to the export, import and other trade-related laws
and regulations of the United States and other national governments and
the Customer herein acknowledges and agrees to be bound by the same,
further acknowledging that it is not involved in Research on, or the
design, development, manufacture, construction, operation, or maintenance
of any nuclear reactor or other nuclear-related facility; nuclear
explosive device, system, or component; facility involved in the chemical
processing of nuclear materials, the production of heavy water, the
separation of nuclear isotopes, or the fabrication of nuclear fuel
containing plutonium; rocket systems or unmanned air vehicles for the
delivery of nuclear or chemical-biological weapons, and the end-user is
not a NATO-member government or prime contractor working on behalf of a
NATO-member government; including stockpiling, or use of chemical or
biological weapons; or a maritime nuclear propulsion project.
16. Headings
The headings of each of these terms and conditions are for convenience of
reference only and shall not formed part of these terms and conditions.
Such headings shall be ignored in the interpretation or construction of
any of these terms and conditions.
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