General Accepted Terms & Conditions for IT Asset Disposition (ITAD) Business
These terms and conditions (“Agreement”) are entered into by and between DEVICE Europe, hereinafter referred to as the “Service Provider,” and the client or customer, hereinafter referred to as the “Client.” This Agreement governs the provision of IT Asset Disposition (ITAD) services by the Service Provider to the Client. By engaging the Service Provider’s services, the Client agrees to be bound by the terms and conditions outlined herein.
- Services Provided:
1.1. The Service Provider will provide ITAD services, which may include but are not limited to the disposal, recycling, or resale of IT assets as per the mutually agreed-upon scope of work.
- Compliance with Laws and Regulations:
2.1. The Service Provider shall comply with all applicable federal, state, and local laws and regulations governing the handling, disposal, and recycling of electronic waste and IT assets.
2.2. The Client is responsible for ensuring that all assets provided to the Service Provider for disposal or recycling are free from sensitive or confidential data.
- Data Security:
3.1. The Service Provider will take reasonable measures to ensure data security during the ITAD process, but the Client acknowledges that data breaches or losses may occur.
3.2. The Client shall be responsible for data wiping or destruction prior to asset transfer. The Service Provider may offer data destruction services as a separate service, if requested.
- Ownership:
4.1. The Client retains ownership of all IT assets until they are transferred to the Service Provider as part of the ITAD process.
- Payment:
5.1. The Client shall pay the Service Provider the agreed-upon fees for the ITAD services provided.
5.2. Payment terms, including invoicing and payment methods, shall be agreed upon in writing between the parties.
- Liability:
6.1. The Service Provider shall not be liable for any loss or damage to IT assets beyond its control.
6.2. The Service Provider shall not be liable for any loss or disclosure of data that occurs during the ITAD process.
6.3. The Client shall indemnify and hold the Service Provider harmless from any claims or liabilities arising from the Client’s failure to properly remove sensitive data from IT assets before transfer.
- Termination:
7.1. Either party may terminate this Agreement upon written notice if the other party breaches any material term or condition of this Agreement.
7.2. Upon termination, the Client shall pay all outstanding fees for services rendered up to the termination date.
- Confidentiality:
8.1. Both parties shall keep all non-public information related to the services provided under this Agreement confidential.
- Governing Law:
9.1. This Agreement shall be governed by and construed in accordance with the laws of Poland.
- Entire Agreement:
10.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether oral or written.
- Amendments:
11.1. Any amendments to this Agreement must be made in writing and signed by both parties.
By engaging the services of the Service Provider, the Client acknowledges that they have read, understood, and agreed to the terms and conditions of this Agreement.
General Terms and Conditions for IT Hardware Reseller
These terms and conditions (“Agreement”) are entered into by and between DEVICE Europe, hereinafter referred to as the “Reseller,” and the client or customer, hereinafter referred to as the “Client.” This Agreement governs the purchase and sale of IT hardware and related products and services by the Reseller to the Client. By engaging the Reseller’s services, the Client agrees to be bound by the terms and conditions outlined herein.
- Product Orders:
1.1. The Client may place orders for IT hardware and related products and services with the Reseller.
1.2. All orders are subject to acceptance by the Reseller, and the Reseller reserves the right to refuse any order.
- Product Availability:
2.1. Product availability and lead times are subject to change without notice.
2.2. The Reseller will make reasonable efforts to fulfill orders in a timely manner but does not guarantee the availability of specific products.
- Pricing:
3.1. Prices for IT hardware and related products and services are as quoted by the Reseller at the time of order placement.
3.2. Prices may be subject to change without notice, but the Reseller will make reasonable efforts to inform the Client of any price changes prior to order confirmation.
- Payment Terms:
4.1. Payment terms, including invoicing and payment methods, shall be agreed upon in writing between the parties.
4.2. The Client shall pay all invoices in accordance with the agreed-upon payment terms.
- Delivery:
5.1. Standard offer and price are ex-works.
5.2. The Reseller will use reasonable efforts to deliver products in accordance with agreed-upon delivery schedules.
5.3. The Client shall be responsible for inspecting delivered products and reporting any discrepancies or damages to the Reseller within a reasonable timeframe.
- Warranty and Support:
6.1. Products may be covered by manufacturers’ warranties, and the Reseller will facilitate warranty claims on behalf of the Client as applicable.
6.2. The Reseller may offer additional support services as part of the sale, as agreed upon between the parties.
- Returns and Exchanges:
7.1. Returns and exchanges are subject to the Reseller’s return policy, which shall be provided to the Client upon request.
7.2. The Client shall be responsible for any return shipping costs, unless otherwise agreed upon in writing.
- Liability:
8.1. The Reseller shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of the purchase or use of IT hardware and related products and services.
8.2. The Reseller’s liability for any claims related to products or services provided shall be limited to the purchase price paid by the Client for the specific products or services in question.
- Governing Law:
9.1. This Agreement shall be governed by and construed in accordance with the laws of Poland.
- Entire Agreement:
10.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether oral or written.
- Amendments:
11.1. Any amendments to this Agreement must be made in writing and signed by both parties.
By engaging the services of the Reseller, the Client acknowledges that they have read, understood, and agreed to the terms and conditions of this Agreement.
Return Merchandise Authorization (RMA) Terms for IT Hardware Resale
These Return Merchandise Authorization (RMA) terms apply to the return of IT hardware and related products (“Products”) by the Customer to DEVICE Europe, hereinafter referred to as the “Reseller.” By requesting an RMA, the Customer agrees to be bound by the terms and conditions outlined herein.
- RMA Request:
1.1. The Customer shall request an RMA by submitting a formal written request to the Reseller within 30 days from the date of product delivery or as otherwise specified in the warranty policy.
- Eligibility:
2.1. The following conditions must be met for an RMA to be considered:
a. The product is within the warranty period, as applicable.
b. The product is in its original condition and packaging, including all accessories and documentation.
c. The Customer has obtained prior authorization from the Reseller for the return.
- RMA Approval:
3.1. The Reseller will review the RMA request and may approve or deny the request within a reasonable timeframe.
3.2. Upon approval, the Reseller will issue an RMA number and provide instructions for the return.
- Return Shipping:
4.1. The Customer shall be responsible for the cost of returning the product to the Reseller, including shipping, insurance, and any related fees.
4.2. The Customer shall use a traceable and insured shipping method for the return and provide the RMA number on the packaging.
- Inspection and Assessment:
5.1. Upon receipt of the returned product, the Reseller will inspect and assess its condition and compliance with the RMA request.
5.2. The Reseller may, at its discretion, repair, replace, or refund the product in accordance with the warranty or return policy.
- Restocking Fees:
6.1. The Reseller may impose restocking fees in accordance with its return policy, and such fees shall be deducted from the refund or credit, if applicable.
- Refund or Replacement:
7.1. If the product is determined to be eligible for a refund or replacement, the Reseller will process the refund or replacement within a reasonable timeframe.
- Exclusions:
8.1. The RMA process may not be available for products that are ineligible for return under the terms and conditions of the original purchase.
- Warranty:
9.1. The terms and conditions of any applicable product warranty shall apply in conjunction with these RMA terms.
- Governing Law:
10.1. These RMA terms shall be governed by and construed in accordance with the laws of Poland.
By requesting an RMA from the Reseller, the Customer acknowledges that they have read, understood, and agreed to these RMA terms.
(Lifetime) Warranty Policy for IT Hardware Resale
This Lifetime Warranty Policy (“Policy”) outlines the warranty terms and conditions for IT hardware and related products (“Products”) sold by DEVICE Europe, hereinafter referred to as the “Reseller,” to its customers. The Reseller offers a (lifetime) warranty on certain Products to provide peace of mind and assurance of product quality. By purchasing Products from the Reseller, customers agree to be bound by the terms and conditions outlined herein.
- Warranty Coverage:
1.1. The (lifetime) warranty covers defects in materials and workmanship for the lifetime or limited period of the Product from the original date of purchase.
1.2. This warranty applies to the original purchaser (“Customer”) and is non-transferable.
- Warranty Claims:
2.1. To make a warranty claim, the Customer must contact the Reseller’s customer support within a reasonable timeframe from the discovery of the defect.
2.2. The Reseller may require the Customer to provide proof of purchase and product information to verify eligibility.
- Warranty Exclusions:
3.1. The lifetime or limited warranty does not cover the following:
a. Damage caused by misuse, abuse, negligence, accidents, or improper installation.
b. Normal wear and tear or cosmetic damage.
c. Products that have been modified, repaired, or tampered with by unauthorized personnel.
d. Compatibility issues with other hardware, software, or systems.
e. Products not purchased directly from the Reseller or its authorized resellers.
- Warranty Remedies:
4.1. If a defect is covered by the lifetime or limited warranty, the Reseller may, at its discretion, repair or replace the defective Product with a new or refurbished unit.
4.2. In cases where the exact Product is no longer available, the Reseller may replace it with a similar or upgraded model.
4.3. The Reseller’s liability under this lifetime warranty is limited to the repair, replacement, or refund of the Product’s purchase price.
- Return and Shipping:
5.1. The Customer shall be responsible for the cost of returning the defective Product to the Reseller.
5.2. The Reseller shall be responsible for the cost of shipping the repaired or replacement Product back to the Customer.
- Warranty Transfer:
6.1. The lifetime or limited warranty is non-transferable. It applies only to the original purchaser of the Product.
- Governing Law:
7.1. This Policy shall be governed by and construed in accordance with the laws of Poland.
By purchasing Products from the Reseller, the Customer acknowledges that they have read, understood, and agreed to the terms and conditions of this Lifetime Warranty Policy.
Authenticity and Exhaustion Doctrine for the Sale of IT Hardware
This Authenticity and Exhaustion Doctrine (“Doctrine”) outlines the terms and conditions for the sale of IT hardware and related products (“Products”) to DEVICE Europe, hereinafter referred to as the “Buyer.” By selling Products to the Buyer, Seller agrees to be bound by the terms and conditions outlined herein.
- Authenticity:
1.1. The Seller guarantees that all Products are genuine, authentic, and procured from authorized sources or manufacturers.
1.2. DEVICE Europe can request documentation of authenticity upon purchase.
- Exhaustion Doctrine:
2.1. The Seller adheres to the exhaustion doctrine, which allows DEVICE Europe to legally resell or transfer ownership of purchased Products without interference from the Seller.
- Ownership Transfer:
3.1. DEVICE Europe may resell, transfer, or dispose of the Products they have purchased as they see fit.
- Warranty and Support:
4.1. The Seller’s warranty and support policies apply to the original purchaser of the Products. Subsequent buyers or recipients may be entitled to the same warranty and support privileges.
- Authenticity and Provenance:
5.1. The Seller is committed to ensuring the authenticity and provenance of all Products offered for sale.
- Governing Law:
6.1. This Doctrine shall be governed by and construed in accordance with the laws of Poland.
By selling Products to the Buyer, the Seller acknowledges that they have read, understood, and agreed to the terms and conditions of this Authenticity and Exhaustion Doctrine.