KOREAN SOFTWORLD, INC. DBA HOWCOMPUTER

 

TERMS AND CONDITIONS OF SALE

 

1. PAYMENT

 

Invoice is due and payable per the terms listed on the front of this invoice. An interest charge of 1.5% per month will be added to past-due accounts. Customer agrees to pay a $20.00 fee on any returned check, plus all legal and collection costs if necessary. Customers with net-term accounts paying by credit card are subject to a 3% convenience fee on outstanding invoices.

 

2. SOFTWARE SALES — ALL SALES FINAL

 

All software sales are final. HowComputer will not issue refunds or exchanges on any software purchased. Software products are licensed, not sold, and are subject to the applicable end-user license agreement (EULA) of the respective publisher.

 

3. SERVICE & SUPPORT

 

If a Buyer has any problem with a product purchased from HowComputer, HowComputer urges the Buyer to contact its technical support staff before deciding to return the product. An RMA number will be issued if no solution is reached (see Section 6).

 

4. WARRANTY

 

A one-year warranty is provided on all hardware products, unless otherwise specified by the manufacturer. Products may be returned within the first seven (7) days of purchase subject to a 15% restocking charge, in like-new condition in original packaging with all manuals, cables, and accessories included.

 

No refunds on goods after 7 days from date of purchase. Absolutely no refunds on special-order items regardless of purchase date.

 

5. RESTOCKING FEES

 

If HowComputer accepts returned merchandise, a restocking charge of fifteen percent (15%) of the purchase price will apply, unless other written arrangements have been made. Any merchandise returned for exchange must be approved by HowComputer in advance. Service and shipping charges are non-refundable.

 

NOTE: All items returned must be tested by the purchaser prior to sending back. If found non-defective upon inspection, Buyer is responsible for all shipping charges.

 

6. RETURN MERCHANDISE AUTHORIZATION (RMA)

 

All returns require a valid RMA number issued by HowComputer. Buyers must request an RMA within thirty (30) days of receipt of Goods. HowComputer reserves the right to retain a returned defective item for up to thirty (30) days for repair or exchange. No credit will be issued after thirty (30) days from the date of invoice.

 

7. LIMITED WARRANTY

 

All hardware products carry a one (1) year warranty. HowComputer warrants products to be free from defects in material and workmanship under normal use. Any return for full credit must be made within seven (7) days; thereafter a 15% restocking fee applies. This warranty does not cover products that have been modified, subjected to unusual electrical stress, or from which the HowComputer warranty seal has been removed. This warranty does not cover losses resulting from:

 

1. Shipping or improper installation or maintenance.

 

2. Misuse, neglect, or improper operating environment.

 

3. Any repair, modification, or installation of parts by anyone other than a HowComputer authorized service center.

 

4. Excessive or inadequate electrical power surges or other electrical irregularities.

 

5. Physical abuse, liquids, chemical spills, or corrosion from exposure to salt air.

 

8. DISCLAIMER OF ALL IMPLIED WARRANTIES

 

DISCLAIMER OF WARRANTIES: ALL GOODS ARE SOLD "AS IS." THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER EXPRESSLY ASSUMES ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOODS.

9. LIMITATION OF LIABILITY

 

HowComputer's total liability shall not exceed the purchase price paid for the specific product giving rise to the claim. HowComputer shall not be liable for consequential damage caused by the shipping carrier or for damage to hardware not purchased from HowComputer. In no event shall HowComputer be liable for any indirect, special, consequential, or punitive damages, including loss of use, revenue, or profits.

 

10. MANUFACTURER'S WARRANTIES

 

HowComputer will assist dealers in the repair or return of products covered under a manufacturer's warranty upon request. All manufacturer warranty claims must be directed to the respective manufacturer in accordance with that manufacturer's terms.

 

11. DISPUTE RESOLUTION AND ARBITRATION

 

The parties agree to attempt to resolve disputes through good-faith negotiation within thirty (30) days of written notice. If negotiation fails, disputes shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in Los Angeles County, California, before resorting to litigation.

 

12. GOVERNING LAW AND JURISDICTION

 

This agreement shall be governed by the laws of the State of California. Any legal action not resolved through arbitration shall be brought exclusively in the Superior Court of the State of California, County of Los Angeles.

 

13. FORCE MAJEURE

 

Except for payment obligations, nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, acts of terrorism, pandemic, or any other cause beyond the reasonable control of the nonperforming party.

 

14. PRIVACY AND DATA

 

HowComputer collects and processes customer information solely to fulfill orders and maintain the commercial relationship. HowComputer complies with applicable provisions of the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).

 

Korean Softworld, Inc. DBA HowComputer · Effective: 2001 · Governed by the laws of the State of California