Terms & Conditions

Your use of the EXcaliberPC.com web site (the "Site") and our services, including phone orders and inquiry, is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use this site and please do not submit any orders for products or services. The terms and conditions posted on this website, including the rma policy, are public information and must be adhered to by anyone doing business with EXcaliberPC.com unless there is a written contract signed by an officer of EXcaliberPC.com.


GENERAL TERMS AND CONDITIONS:

  1. EXcaliberPC.com uses the services of third party contractors who update our website, we do our best to keep the information on the website as accurate as possible. Customers will agree that we are not liable for mismatched product pictures nor mistakes in product information. EXcaliberPC.com will only guarantee that we ship the product named on the invoice.
  2. Our sales representatives are forbidden to make any claims on product or services, especially over the phone. Once again, EXcaliberPC.com can only guarantee that the products named in your invoices will be shipped. Any additional provisions to your purchase must be made for in writing.
  3. Customers shall agree that each item in a multi-item purchase from EXcaliberPC.com shall be treated independently unless stated otherwise in the memo section of their order. That is, defect, replacement, and cancellation of one item does not constitute the voiding of the entire purchase. Each item shall be considered independently for warranty or refund purposes unless the customer has stated otherwise in the invoice memo.
  4. Customers shall agree that under absolutely no circumstances will shipping be refunded once we ship.
  5. It is the customer's responsibility to look over their email confirmation and make sure all shipping, billing and item purchased are correct. If you do not get an email confirmation, call us to see if the order went through. Do not submit multiple orders or you will end up paying full restocking and shipping fees!
  6. Order cancellation will be accepted by phone with a sales representative or over the web (only before the order is processed). It cannot be done over email or by leaving voice mails. You can confirm order cancellation by checking the order status online. Cancellation on orders already charged carry a $10 + 5% credit card processing handling fee. Shipped orders cannot be canceled under any circumstances.
  7. Material fee for boxes, transportation, etc. are included in the shipping fee with the exception of shipping insurance and calculated on per shipment basis. Customers shall not be liable for additional shipping charges for purchases EXcaliberPC.com chooses to ship in multiple packages unless they request and agree to shipping upgrades and upgrade fees.
  8. Customers shall agree that EXcaliberPC.com will not liable for shipper's shipping delays. In such cases, customers may petition for a shipping rate adjustment if packages do not arrive within the shipping company's promised timeframe but in no way is EXcaliberPC.com required to do so.

Trademarks

All trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between EXcaliberPC.com and these companies.

Making Purchases

If you wish to purchase products offered on the site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information you provide to EXcaliberPC.com will be accurate complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases.

Where we Ship

We ship to any physical address that UPS or Fedex ships to within the United States. We may accommodate customers who need to have an item shipped to an APO/FPO address or PO Box depending on the circumstances. For items shipping through US Postal Service, we charge UPS 2 day air freight and the items ship out once a week. We send all shipments via Priority Mail. Due to the number of wrong addresses from customers, we now charge the face value that UPS charges us to reroute your package if you did not enter the address correctly. This charge is anywhere from $5 to $15.

When we ship

Most orders are shipped within 1 to 5 business days from the date of the order. Your order may be delayed if your ship to address does not match what your credit card issuer has on their file. We verify all addresses for protection against fraud. Some orders that are shipped from fulfillment warehouses may require longer for the item to ship. We may also ship the orders with multiple items from different warehouses so it is possible you get the items on different days. Due to the many circumstances such as unable to charge your card or verify your address, we cannot guarantee when your order is shipped out. Also if you choose next day air service, it does not necessarily mean you will get it the next day from the order date, it means that you will get it the next day from the date we ship the order.

Shipping Delays

Once an order is shipped, it is up to UPS to deliver the product, we will not be able to stop the shipment once it is shipped. If UPS loses the package, UPS will put a tracer on the package. Tracers take around 3 days for air packages and 7 business days for ground packages. We will not be able to ship out replacement packages until UPS confirms that the package is lost/will not be delivered to its destination and they will reimburse us. Without confirmation from UPS, we will not know for sure if you will get two shipments if we ship out another one. Another delay is if there is no one to sign for the package, every package we ship usually requires a signature, if a package is returned to us because no one was available to sign for it or the address was input incorrectly at the time you enter the order, you will be charged again to ship it out a second time.

Pricing and Typographical Errors

Due to the fast pace of the computer industry, all prices are subject to change without notice. We make every effort to list the most accurate, up to the minute information. Despite our efforts, some items on our website may be mis-priced. If a product is listed at an incorrect price due to a typographical, photographical, or technical error or error in pricing from our vendors, EXcaliberPC.com reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price.

If your credit card has already been charged for the incorrect price, we will immediately refund your card and cancel your order. You may also repurchase it for the correct price if you wish to.

Due to the volatility in pricing for computer products, we do not match competitor's pricing and we will not offer price protection beyond the 24hours of purchase. eg. If Intel drops the price of a processor 5 days after your purchase, that is beyond our control and our cost for that same processor when we shipped is also much higher than our current selling price. We will not be able to refund the difference since we had to purchase the processor at a much higher cost to send it to you when you placed your order.

Order Acceptance Policy

Your receipt of an electronic or phone order confirmation does not signify our acceptance of your order. EXcaliberPC.com reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Disclaimer and Limitation of Liability as to Products Sold

All of EXcaliberPC.com INC.'s products are guaranteed against defects for 30 days from the date of the invoice. EXCEPT AS EXPRESSLY STATED HEREIN, EXcaliberPC.com INC. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE EXcaliberPC.com SITE. EXCEPT AS EXPRESSLY STATED HEREIN, EXcaliberPC.com INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO EXcaliberPC.com INC. ARISING FROM ANY PRODUCT SOLD ON THE EXcaliberPC.com SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL EXcaliberPC.com INC., ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

Disclaimer and Limitation of Liability as to the EXcaliberPC.com Web Site

THE EXcaliberPC.com WEB SITE AND THE MATERIALS THEREIN ARE PROVIDED «AS IS». EXcaliberPC.com INC. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE EXcaliberPC.com SITE, THEIR OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2000 COMPLIANCE. EXcaliberPC.com INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT EXcaliberPC.com INC., ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE EXcaliberPC.com SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Year 2000 Disclaimer

EXcaliberPC.com makes no representations or warranties, either express or implied, of any kind with respect to the Year 2000 compatibility of products sold on the Site. EXcaliberPC.com expressly disclaims all warranties, express or implied, of any kind with respect to the year 2000 compatibility of products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. The sole and exclusive maximum liability to EXcaliberPC.com. arising from any product sold on this site shall be the price of the product ordered. In no event shall EXcaliberPC.com, its directors, officers, employees and representatives be liable for special, indirect, consequential, or punitive damages relating to the Year 2000 compatibility of products sold.

Title Transfer

EXcaliberPC.com retains title to parts and complete systems purchased until the said purchaser pays for items in full at which time the title passes to purchaser.

Governing Law

You agree that any legal action brought against EXcaliberPC.com shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the EXcaliberPC.com sites shall be an appropriate federal or state court located in Alameda County, California.