Terms of Sale
Terms and Conditions:
BY MAKING PAYMENT ON ANY EZ TRADING COMPUTERS/TULCAN ENTERPRISES LTD. PRODUCTS OR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT:
1. INTRODUCTION This agreement (“Agreement”) contains terms and conditions applying to your purchase with EZ Trading Computers/Tulcan Enterprises LTD, (“EZ TRADING COMPUTERS”) products and services (“Product”). “We/Us/Our” means the EZ Trading Computers/Tulcan Enterprises LTD, owners, employees, affiliates and contractors. “Website” means the website located at https://eztradingcomputers.net and or any other related URL and all associated websites and micro sites of www.eztradingcomputers.net. “You/Your” means you as a user of the Website and Product purchaser/buyer. “Warranty” refers to the EZ TRADING COMPUTERS warranty document that is shipped with computer. If you have any questions about this Agreement, please contact EZ TRADING COMPUTERS at [email protected] prior to accepting delivery.
2. GOVERNING LAW THIS AGREEMENT AND ALL SALES THEREUNDER SHALL BE GOVERNED BY THE STATE OF NEVADA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. ANY AND ALL DISPUTES THAT ARISE SHALL BE SETTLED IN THE STATE OF NEVADA, COUNTY OF CLARK. ALL DISPUTES SHALL BE REFERRED BY AN ARBITRATOR OF WHICH IS MUTUALLY PICKED BY BOTH PARTIES.
3. PRICES AND TAXES Prices are exclusive of all federal, state, local, or other government taxes, fees, or charges now in force or enacted in the future except within the states of NEVADA & FLORIDA. Taxes will be indicated on the invoice; however, if any additional such tax, fee or charge is imposed by any governmental authority on, or measured by, the transaction between EZ TRADING COMPUTERS and you, you will be responsible for such tax, fee or charge. In the event that EZ TRADING COMPUTERS is required to pay any such tax, fee, or charge at the time of a sale or thereafter, you will reimburse EZ TRADING COMPUTERS therefore.
4. SHIPMENT Any stated ship date, whether electronic or voice, is an approximation only. EZ TRADING COMPUTERS will ship by a carrier of their choice (generally FedEx Ground or UPS). If damage occurs during the shipment from the EZ TRADING COMPUTERS facility to You, it will be the carrier’s responsibility. Any loss or damage that occurs after 48 hours after receiving the shipment will be Your responsibility. It is Your responsibility to report any shipment issues or problems by calling 800-387-5250 or emailing [email protected] within 48 hours of delivery.
5. CANCELLATIONS All cancelled orders and that have already shipped will incur a cancellation fee of 10%. This is to cover the shipping and handling costs of any merchandise returned to us because you simply changed your mind. All fully custom ordered machines will have a 30% restocking fee if cancelled.
6. PAYMENT You agree to make the payments set forth in the invoice for the Products. Unless otherwise agreed by EZ TRADING COMPUTERS, payment must be received in full prior to shipping out the Product to You. This includes any time delays that there may be with money orders, cashier’s checks, personal checks, business checks, bank wire transfer or credit card transactions. If your check is returned, EZ TRADING COMPUTERS will charge $100 plus costs and bank fees.
7. INTERNATIONAL . International orders are an “at-will” type order and come with no guarantees or warranty. All sales are final. EZ Trading Computers will do our best to support our warranty in your country; however, it is impossible for us to pay for shipping of components (or the rare instance of an entire computer) internationally. Therefore, our warranty is limited to helping you obtain an RMA from component manufacturers in your region and providing telephone technical support (in English only) to help you install the component and resolve your issue. Once EZ TRADING COMPUTERS delivers the goods to the freight/shipping company, the title of the goods and products as well as the risk of loss or damage will transfer to the purchaser. We cannot guarantee successful delivery or working status once it leaves our facilities in the United States. Purchaser is responsible for all customs/taxes/duties/fees associated with receiving the goods inside your country.
8. SOFTWARE AND INTELLECTUAL PROPERTY All software contained within the Product which is provided to You is subject to the license agreement that is part of the package or shown during installation of the software. You agree to be bound by any such licenses by opening the package or installing and/or using the software. Any warranty related to such software shall be provided solely within such license agreement. EZ TRADING COMPUTERS hereby retains for itself all other rights, title, and interest in and to all intellectual property in the Products sold and any products or software or other deliverable created during performance of the services, including without limitation, worldwide copyright, trade secret, patient, trademark, and any other proprietary rights. All software purchases from EZ TRADING COMPUTERS are final, whether part of the Product or separate, with absolutely no exchange or refund of any kind under any circumstance.
9. WEBSITE The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website. We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. We may alter these terms and conditions from time to time, and your use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website. We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including unrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website). You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
COPYRIGHT: All of the images and text found on the Website have copyright laws within them. You or any party that uses the Website will not have access and cannot download any of the information or images. If you want to download the articles for personal use or for any other reason, you may request approval to [email protected] . You can link directly to the articles found on the Website, but you cannot use any part of the articles for any reason, whether personal or commercial without authorization from Us.
10. LIMITATION OF LIABILITY The limitation of liability under no circumstance shall EZ Trading Computers/Tulcan Enterprises LTD, be liable for (A) Any special, incidental, indirect, or consequential damages, including but not limited to physical injury, loss of data or loss of profits, even if EZ Trading Computers/Tulcan Enterprises LTD, knew or should have known of the possibility of such damages , (B) any claim made by a third party or made by You for a third party, AND (C) any amount of damages above the aggregate dollar amount paid by You for the Products purchased from EZ Trading Computers/Tulcan Enterprises LTD,. This limitation of liability applies whether damages are sought as a tort claim (including negligence and strict Product liability), a contract claim, or any other claim and notwithstanding any failure of essential purpose of any limited remedy. IF YOU ARE HAVING TECHNICAL ISSUES WITH YOUR TRADING COMPUTER DO NOT TRADE WITH IT AND CALL TECHNICAL SUPPORT IMMEDIATELY. EZ TRADING COMPUTERS IS NOT RESPONSIBLE FOR LOSSES THAT COULD OCCUR DUE TO COMPUTER FAILURE. USE COMMON SENSE!!!
11. WARRANTY You agree and are bound to every aspect of the EZ TRADING COMPUTERS warranty that you purchased while making an order. While the Warranty will have its own terms, this Agreement supersedes and outweighs any aspects of the Warranty terms that may conflict. EZ TRADING COMPUTERS holds the rights and privileges to terminate the warranty at any time. We may terminate the warranty at our discretion, if we find that the customer is unable to effectively and professionally work with Us. Desktop Computers come with a 5 Year Warranty while laptops come with a a 1 Year Warranty
12. 100% RISK-FREE MONEY BACK GUARANTEE: EZ TRADING COMPUTERS offers a 100% Risk Free Money Back Guarantee. If, after you have taken delivery and completed setup, you are unhappy with your EZ Trading Computer for any reason, EZ Trading Computers will refund 100% of your purchase price (computer only) plus return shipping cost within the first 14 days from delivery date. Terms: YOU MUST CALL US TO ACT ON THIS OFFER and allow us to schedule a carrier pickup at the original delivery location. Any computer returned to us without authorization will be charged a 30% restocking fee. Computer MUST be packed in ALL original shipping boxes, double boxed with peanuts. ALL original contents of box MUST be returned. This offer is only valid only on the standard computers offered on our website. This offer is not valid on any Customized EZ Trading Computers. All fully custom ordered machines will have a 30% restocking fee if returned. Returns after 14 days will charged a 30% restocking fee. Cancelled orders that have already shipped but have not yet been delivered will incur a shipping and handling fee to return. This offer is NOT valid on monitors, monitor stands and/or accessories. Monitors and Accessories are returned at your expense. This offer is only valid on computers sold in the continental United States.