Terms of Sale
These Terms of Sale governs the purchase of “Products” from Nex Computer LLC (“Nex”). By placing an order, the “Customer” agrees to be bound by these Terms of Sale, our Privacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the “Terms”). Nex may amend the Terms at any time by posting a revised version on www.NexDock.com (the “Website”).
You must be at least 18 years old to place an order at the website.
Orders, Prices, Taxes and Shipping
Customers may order Nex through our website. Accepted payment methods are indicated at our website. The advertised prices on website is in US Dollars and excludes VAT and/or shipping costs unless stated otherwise.
Customer is responsible to pay for additional shipping costs at the same time as placing an order through the website. Nex does not collect VAT, sales tax, duty, import charges and/or other official charges on orders. We are unable to specify the exact amount of taxes and duties you may have to pay for your package as these charges are decided by your local customs and authorities. In the event the shipping company charges Nex for the customs taxes/duty a customer is responsible for, such customer authorizes Nex to charge his/her credit card on file to recover these funds.
All orders in California, USA are subject to an additional sales tax of 9%.
Defective Products
All claims for a shortage, damage, non-delivery, or any issue with the packaging or product must be made no later than 5 business days after receiving the goods or the delivery date shown on a carrier`s tracking history.
Defective on arrival (“DOA”) is defined as product that is inoperable upon first installation. A product is considered inoperable ONLY if Nex recognizes it as defective. Products that fail after being in use for any period of time, are defined as defective and must be handled under the warranty program. DOA and defective merchandise will be replaced, repaired, or credited (our option). DOA claims should be submitted no later than 5 days from the date of delivery.
Warranty, remedies and limitation of liability
Nex warrants, during a period of six (6) months following shipment of the Product (the “Warranty Period”). This warranty is nontransferable and applies only to you in your capacity as original customer. This warranty does not guarantee uninterrupted use of the Product.
Nex’s liability for defects in the Product is limited to what is stated in the warranty above and customer cannot make other claims against Nex due to other defects. In no event shall Nex’s liability extend to defects, damages or losses resulting from:
• third-party products
• customer altering, modifying or using the Product in a way inconsistent with the intended use of the Product
• customer using the Product in any manner or for any purpose other than the permitted purpose
• negligence by customer or any party for which customer is liable
• normal wear and tear of the Product, or
• problems that arise as a result of damage that has been caused, in Nex’s reasonable estimation, by servicing (upgrading, expansion, disassembly, repair, or other modification) by anyone who is not expressly authorized by Nex to perform such service.
This warranty replaces all other warranties, expressed or implied, including but not limited to any implied warranties of merchantability and fitness for a particular purpose. However, some laws do not allow the exclusion of implied warranties. To the extent these laws apply, then all expressed and implied warranties are limited in duration to the warranty period above. No warranties apply after that period.
Nex shall not be liable for any indirect, incidental or consequential damages, including but not limited to loss of business or goodwill, loss of revenue or loss of profits, downtime or replacement of equipment and property or any loss of data, that may be incurred due to the purchase of the Product or the use of the Product or any part thereof, except to the extent caused by gross negligence or willful intent by Nex.
In any event, Nex’s liability shall be limited to the order sum, i.e. the total price paid by the customer to Nex.
Safety Information
Do not expose the product to liquids.
Do not drop your product or cause an impact to the product.
Do not disassemble or modify the product.
Avoid exposure to extreme temperatures.
Returns and Refunds
No returns will be accepted without an RMA (Return Merchandise Authorization). We charge a 15% Restocking Fee for our products that are opened and returned and are not defective. Shipping fee ($40 USD to the United States of America and Canada, €40 to European Union countries, £40 to the United Kingdom) is non refundable and will be deducted from the refund.
To be eligible for a return, your item must be unused and in the same condition that you received it. Products must be returned and delivered to us no later than 30 days from the delivery date. All products must be returned in the manufacturer`s original packaging, in the new condition (no damage or scratches of any kind), and must contain all parts, such as manuals, software and cables. Products returned without all the original parts may be returned to you at your expense and without a credit being issued by Nex. Please retain all packaging and accessories for at least 30 days in case if you need to return the product.
Only regular priced items may be refunded, unfortunately clearance, discounted and final sale items cannot be refunded.
Shipping charges are non-refundable. Customers are solely responsible for all costs associated with shipping products back to us in the event of the return, repair, or replacement procedure. Replacement (or repaired) products will be shipped to customer by a method selected by Nex. Nex will not reimburse you for any tax, import duty and/or other official charges associated with importing the Product. Certain countries permit refunds of customs duties paid on products you subsequently return. Please contact your local authority for further information.
Miscellaneous
If any action is commenced for the collection of the amount due or to enforce the “terms of sale”, the buyer must pay the attorney`s fees and any other costs associated with the aforementioned action.
If any portion of the Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
The terms shall be governed by and enforced in accordance with the laws of the State of California, USA.