Top Flight Computers Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY!
IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT"), RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
THE CUSTOMER AGREES TO BE BOUND BY THE AGREEMENT BELOW AND ACCEPTS ITS TERMS AND CONDITIONS
Terms and Conditions of Sale:
This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery, use of any computer system(s) and/or any related Top Flight Computers products and/or services and support sold in the United States ("Product") from Top Flight Computers, and is also a legal contract between Customer and Top Flight Computers. By accepting delivery of the product(s) purchased from Top Flight Computers and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for a product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Top Flight Computers. These terms and conditions are subject to change without prior written notice at any time, at Top Flight Computers's sole discretion.
This Sale Agreement constitutes the entire agreement between the Customer and Top Flight Computers relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Top Flight Computers. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement.
Top Flight Computers may at any time revise these Terms and Conditions and these Terms and Conditions are are subject to change without prior written notice at any time, at Top Flight Computers's sole discretion. By using this Site, you agree to be bound by any and all such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions set forth to which you are bound.
“We”, “us” and/or “our” means Top Flight Computers.
“You” or “your” means the individual or entity named on the invoice.
All Custom Builds require full payment of System Cost to Top Flight Computers upon confirmation of build approval. Quotes are valid for fourteen (14) days, starting on the date listed on the approved quote.
Components marked with a PURCHASED tag in the parts list on the quote document have been purchased by the Customer, and are not valid for warranties.
Top Flight Computers will purchase all components listed on the approved quote, except for items currently marked as PURCHASED. We will install all components listed in the approved quote. We will amend this quote in the event that components listed above are purchased by you, and apply an additional fee on those components. These specific components will be marked as PURCHASED in the parts list above. This fee applies to each component not purchased by us and will be calculated at a certain rate, based on the price of the component on Amazon or Newegg, at the time of system design . If you purchase components on your own, we will not provide any hardware warranties on those components, and will requote with the updated specifications and any additional fees. Components marked with a PURCHASED tag in the parts list have been purchased by you, and are not valid for warranties.
To ensure safe transportation, we will provide free delivery to you within 20 miles of our shop. If you are outside of this area, we will gladly make arrangements with you to have you come pick up your computer, or we can meet at a central location beneficial to both parties. If you are outside the delivery area, set-up at your location is not included, but can be added for an additional cost.
If this quote is satisfactory, you are required to send a signed and dated copy of this quote back to us via email as soon as possible, to notify us to begin the component purchase process, and begin system construction afterwards. Signing this quote confirms the components listed above. Any additional components to be purchased and installed by us will require a new quote.
Customer agrees that Top Flight Computers is not liable for mismatched product pictures or mistakes in product information. Top Flight Computers reserves the right to change products and specifications, and those listed on the Site may not be current. Customer agrees to verify the specifications of each product with the order. Top Flight Computers is only responsible for products named on the approved quote and invoice.
Our sales representatives are not authorized to make any representations or promises related to any product or services that exceed these terms and conditions and the warranty. Any additional provisions to your purchase must be made in writing signed by an officer of Top Flight Computers.
Customer agrees that each item in a multi-item purchase from Top Flight Computers shall be treated independently unless stated otherwise in the Designer Notes 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 during the build procedure. Any statements made by the Customer in electronic form, to Top Flight Computers, regarding the specified order, must be confirmed by Top Flight Computers. Statements not confirmed by Top Flight Computers are null and void.
Customer agrees that shipping costs and expenses will not be refunded once we ship.
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.
Order cancellation will be accepted by phone with a sales representative (only before the order is processed). It cannot be done over email or by leaving voice mails. You can confirm order cancellation by contacting Top Flight Computers by phone. Cancellation on orders already charged carries a 4.9% credit card processing cancellation fee.
Material fee for boxes, transportation, etc. are included in the shipping fee. Customer shall not be liable for additional shipping charges for purchases Top Flight Computers chooses to ship in multiple packages unless they request and agree to shipping upgrades and upgrade fees. Top Flight Computers does include shipping insurance with every FedEx and UPS shipment.
Customer agrees that Top Flight Computers will not liable for shipper's shipping delays.
Orders, Payment Terms, Taxes, Quotes, Interest:
Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Orders are not binding upon Top Flight Computers until payments are authorized by credit card issuer or other financial institution.
Terms of Payment are within Top Flight Computers's sole discretion to change, and unless otherwise agreed to in writing by Top Flight Computers, payment must be received by Top Flight Computers before Top Flight Computers's acceptance of an order.
Payment for the products will be made by credit card, or some other prearranged payment method. Payment amounts are due and payable within the period noted on the approved quote, measured from the date of the approved quote. Top Flight Computers may invoice parts of an order separately.
You agree to pay interest on all past-due sums at the highest rate allowed by law.
Your order is subject to cancellation by Top Flight Computers, at Top Flight Computers's sole discretion. Unless you and Top Flight Computers have agreed to a different discount, Top Flight Computers's standard pricing policy for Top Flight Computers-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. Top Flight Computers is not responsible for pricing, typographical or other errors in any offer by Top Flight Computers, and we reserve the unilateral right to cancel any orders resulting from such errors.
Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.
Shipping, Title, and Risk of Loss:
Shipping and Handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by Top Flight Computers is Top Flight Computers's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Top Flight Computers will only be obligated to pay for shipping one way anytime during the initial thirty (30) day Money Back Guarantee, or after the initial thirty (30) day Money Back Guarantee is up, unless otherwise specified between you and Top Flight Computers.
In no way is Top Flight Computers obligated to pay for additional charges for shipping back to facility if product is faulty or defective after the first thirty (30) days. Top Flight Computers is entitled to void all warranties if any piece of original packaging material is missing upon return shipments, unless otherwise advised by Top Flight Computers. Shipping dates are only estimates and are subject to change at any time.
For protection of our Customers, we ship only to the verified billing address, authorized shipping address registered with the Customer's credit card issuer, or authorized shipping address confirmed by the Customer. Authorized shipping addresses can be obtained upon contact of the credit card issuer. Credit card issuer registers alternative (shipping) address upon customer's authorization in addition to existing billing address for internet deliveries.
You must notify Top Flight Computers of damaged or missing items from your order within fourteen (14) calendar days after you receive your product or Top Flight Computers will not be responsible for any forthcomings. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software.
Check Payment Policy:
Top Flight Computers will accept a cashiers check on all orders. All checks are subject to verification.
You may return Top Flight Computers-branded products purchased directly from Top Flight Computers in accordance with Top Flight Computers's Return Policy, which may be viewed at the following URL: https://www.topflightpc.com/warranties-and-return-policies.
Please keep in mind that, among other things, you: (a) must contact us directly before you attempt to return the product; (b) must return the product to us in its original or equivalent packaging; and (c) are responsible for risk of loss and shipping and handling fees for returning or exchanging product. Additional fees may apply.
Performance tests and ratings are measured using specific computer systems and/or components and reflect the approximate performance of Top Flight Computers products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance.
Top Flight Computers's trademarks may be used publicly with permission only from Top Flight Computers, and nothing in this Agreement shall be construed as granting such permission. Fair use of Top Flight Computers's trademarks in advertising and promotion of Top Flight Computers products requires proper acknowledgment.
Ownership of Materials:
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Top Flight Computers's prior written permission. Except as expressly provided herein, Top Flight Computers and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, trade secret or any other intellectual property or proprietary right.
Claims of Copyright Infringement:
Top Flight Computers and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
Limited Product Warranty for Domestic Customers and Disclaimer of Warranties:
THE LIMITED PRODUCT WARRANTY APPLICABLE TO TOP FLIGHT COMPUTERS-BRANDED PRODUCTS MAY BE VIEWED ON-LINE AT THE FOLLOWING URL: https://www.topflightpc.com/warranties-and-return-policies. THERE ARE NO WARRANTIES FOR SOFTWARE, SERVICES OR NON-TOP FLIGHT COMPUTERS BRANDED PRODUCTS, WHICH PRODUCTS AND SERVICES ARE PROVIDED “AS IS”.
WARRANTY AND SERVICE FOR NON-TOP FLIGHT COMPUTERS BRANDED PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY TOP FLIGHT COMPUTERS. TOP FLIGHT COMPUTERS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN TOP FLIGHT COMPUTERS'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE APPROVED QUOTE AND INVOICE.
ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND TOP FLIGHT COMPUTERS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON TOP FLIGHT COMPUTERS'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTIED.
Limitation of Liability:
TOP FLIGHT COMPUTERS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. TOP FLIGHT COMPUTERS WILL NOT BE LIABLE FOR LOST PROFITS, 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. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, TOP FLIGHT COMPUTERS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
All software is provided subject to the license agreement that is part of the package you receive from Top Flight Computers. You agree to be bound by the license agreement once the package is opened or its seal is broken. Top Flight Computers does not warranty any software under this Agreement.
Top Flight Computers continually upgrades and revises its products and service offerings. Top Flight Computers may revise and discontinue products at any time without prior notice to customers. Top Flight Computers 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 are possible. The parts and assemblies used in building Top Flight Computers products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.
Links to Other Materials or Sites:
The linked sites are not under the control of Top Flight Computers and Top Flight Computers is not responsible for the content of any linked site or any link contained in a linked site. Top Flight Computers reserves the right to terminate any link or linking program at any time. Top Flight Computers does not endorse companies or products to which it links, unless specified by Top Flight Computers, and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
This site is controlled by Top Flight Computers from its offices within the United States of America. Applicable Law and Not for Resale. You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale. Top Flight Computers makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of North Carolina. Top Flight Computers and you hereby agree that all disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of and venue in the federal and state courts within Durham County, North Carolina, and both parties hereby consent to the personal and exclusive jurisdiction and venue of these courts.
Top Flight Computers 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, and any use of the Site constitutes acceptance of the terms contained herein. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.