Terms & Conditions
Welcome to PowerGPU!
These terms and conditions outline the rules and regulations for the use of PowerGPU’s Website, located at www.powergpu.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use PowerGPU if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
All Sales Are Final
All purchases are non-refundable. If a change or modification is required, a fee may be applied at our discretion. Please review your order carefully before completing your purchase.
Change Requests
Any changes you wish to make to your PC must be done prior to payment. Once payment has been placed any additional changes will be subject to a change fee. All changes must be requested and finalized within 2 weeks of placed payment. Please respond to your original ticket, or fill out our form using the email attached to your invoice otherwise they will not be accepted. Any upgrades that require an additional cost will require a refund of the original **component** and a second invoice will be sent with the charge for the new item.
Cookies
License
Unless otherwise stated, PowerGPU and/or its licensors own the intellectual property rights for all material on PowerGPU. All intellectual property rights are reserved. You may access this from PowerGPU for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from PowerGPU
Sell, rent or sub-license material from PowerGPU
Reproduce, duplicate or copy material from PowerGPU
Redistribute content from PowerGPU
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. PowerGPU does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of PowerGPU,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, PowerGPU shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
PowerGPU reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant PowerGPU a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of PowerGPU; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to PowerGPU. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of PowerGPU’s logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Additional Policies
Refund Information
If a customer decides to cancel their order then a partial refund will be granted within 2 to 7 business days for undelivered purchases, client will be charged a $125 cancellation fee. Customer may return delivered products to PowerGPU up to 14 days max with a 15% restocking fee. The customer will need to ship the PC back to PowerGPU, LLC. PowerGPU will not be responsible for any shipping costs or insurance for the PC to be returned nor is liable for any damages to the product during transit. The PC must be in good standing with no evidence of tampering and alterations in settings. If a PC arrives damaged or there is an issue with the PC then Customer must notify PowerGPU in writing and provide photos of any damage to the outer packaging and the Products, shortage, or other discrepancy (“Visual Defect”) or error in parts within three business days after receipt of the shipment; otherwise, Customer is deemed to have accepted the Products.
Returns for Product Warranty
Customer must notify PowerGPU in writing stating the specific Product defect within the warranty period. PowerGPU will only issue an RMA if the defect (either for Visual Defect or for Product Warranty) is created solely by PowerGPU or the original manufacturer, and only if Customer meets the notice requirement. PowerGPU will not grant RMAs for damage, shortage, or other discrepancy created by Customer, the carrier or freight provider, or any other third party. Upon receiving the RMA, Customer must return the Products to PowerGPU in compliance with PowerPGU’s instructions in the RMA. PowerGPU may assess all Products returned by Customer via RMA. If PowerGPU determines such Products are not eligible for return, PowerGPU will send such Products back to Customer on freight collect basis, or hold such Products for Customer’s collection and on account at Customer’s expense.
Limitation of Liability
Client’s sole and exclusive remedy and PowerGPU’s sole liability for loss or damage arising from purchase or use of the custom system shall be limited to repair or replacement of the custom system at PowerGPU’s sole discretion. In no event shall PowerGPU be liable for any loss of use, revenues, or anticipatory profit, or for any direct, indirect or consequential damages arising out of or connected with the sale, use, operation, or inability to use any custom systems purchased from PowerGPU to the extent permitted by law. In no event shall PowerGPU’s liability exceed the amount of the particular defective custom system paid by the purchaser. This limitation of liability shall be applicable to any claim presented, whether the legal theory forming the basis of such claim involves contract, tort, negligence, strict liability, statute, regulation, consumer protection laws or otherwise.
