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By using hp.ca to make on-line purchases the Products, as defined herein, Customer
agrees to be bound by and accepts these Terms and Conditions of Sale (referred to
throughout as Terms and Conditions).
HP reserves the right to add, delete or amend these Terms and Conditions without
prior written notice at anytime, at HP's sole discretion.
Customer means any person ordering products from HPs hpshopping.ca store for
their own personal use and not for resale, either on-line or over the telephone, and
who has not entered into a separate formal purchase agreement with HP.
Products means collectively both HP and Third Party Products sold through the
hpshopping.ca.
If Customer has requested and been approved for consumer financing, such
financing will be provided through a third party financing service provider and
Customer will be subject to the terms and conditions of such financing service
provider. For the installation of in-home Products, such as televisions, HP may refer
customer to an independent third party service provider to perform such installation.
Any referral provided by HP is not an endorsement or guaranty of the service
providers services. Customer will be subject to and bound by the service providers
own terms and conditions.
3. PRODUCT AVAILABILITY
Product availability maybe limited. Products ordered may not be available for
immediate delivery. HP reserves the right, without liability or prior notice, to revise or
cease to make available any or all Products. If there are any revisions to or cessation
of Products, HP may, with Customers consent, ship Products which have similar
functionality and specifications to the Products originally ordered. Customer will be
given the opportunity to either reject or accept the substitute Product and price for the
substitute Product which may differ from the price of the original Product. Product
substitutions will not be available for Factory Outlet or refurbished product purchases.
5. PRODUCTS
HP's policy is one of on-going product update and revision. HP may revise and
discontinue Products at anytime. HP 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 or catalog are possible. HP branded Products
may contain used parts that are equivalent to new in performance and reliability and
are warranted as new.
HP may deliver the Products ordered in installments. Any delivery or shipment dates
given by HP are estimates only and HP is not liable for any loss, damage, cost or
expense for any failure to deliver in accordance with the given delivery or shipment
date.
7. RETURN POLICIES
You may be able to return your HP Product for a replacement or refund if you strictly
adhere to all of the terms and conditions below:
*Subject to the terms and conditions here in, except for opened software, Products
maybe returned within thirty (30) calendar days of your invoice date, except Products
purchased from the Factory Outlet or refurbished product area of hpshopping.hp.ca in
which case the Product maybe returned within ten (10) calendar days of your invoice
date.
*All eligible returns require prior authorization by HP. Customer must call HP at
1877-231-4351to first get authorization to return (RMA), then return the item within 10
calendar days of being issued the RMA.
*All items must be in "as new" condition, in original packaging, and with all warranty
cards, manuals, and accessories. HP reserves the right to inspect returns.
*In order to receive a full refund of your purchase price, all components sold
together as part of a HP promotional offer ("bundle") must be returned at the same
time. If you choose to return only part of the bundle, HP will subtract the list price of
the component(s) being returned from the total list price of the bundle and, if you paid
more than such resulting amount, HP will refund the over-payment to you.
*Are stocking fee will be charged on all returned items with missing boxes or
packaging, and returned printers with installed toner or inkjet cartridges.
*Product must be returned with all shipping and insurance charges pre-paid; such
charges are not re-imburseable and are at Customer's expense, except in the case of
defective Product returns.
*Non-defective returns maybe subject to a 15% restocking fee.
*Refunds on purchases made with a credit card will only be credited to the same
card.
*After receipt and inspection of the Product returned in compliance with all of the
above terms, a credit will be issued.
*If you financed your purchase through HP's third party financing service provider,
refunds will not include any interest due on the loan or any of the nonrefundable
amounts described above and you will remain responsible for the performance of the
obligations contained in your financing agreement.
*Television Returns: For returns within thirty (30) calendar days of invoice date,
customer must use only HP's approved carrier and will be required to pay a 15%
restocking fee, which will be deducted from your refund of your purchase price. If
customer uses a return carrier not approved by HP, customer will be liable for any
damages to the product and/or loss incurred during shipping as well as the 15%
restocking fee, which will be deducted from the refund value of the product. HP will
not be liable to customer for the refund or reimbursement of any charges related to
shipping and handling, delivery installation, de-installation of televisions or any
structural restoration resulting from the installation or de-installation of televisions. For
returns information, please contact 1-877-231-4351.
8. EXCHANGES
From time to time, HP may, in its sole discretion, exchange Products or portions of a
Product. Any exchanges will be made in accordance with HP's exchange policies in
effect on the date of the exchange.
9. LIMITEDWARRANTYONHPPRODUCTS
A limited warranty statement will be included with each HP Product shipped to
Customer. HP reserves the right to modify its warranty statement at any time, in its
sole discretion. Warranty is only valid upon HP's receipt of payment in full for the HP
Product to be warranted.
For the purposes of this Section 12, "HP" includes its employees, subcontractors, and
suppliers.
14. EXPORT CONTROL Products purchased or received under these Terms and
Conditions of sale shall be subject to export laws and regulations of Canada and the
United States of America. Customer assures that it will comply with those regulations
whenever it exports or re-exports controlled products or technical data obtained from
HP or any product produced directly rom the controlled technical data.
16. HEADINGS
The headings of each of these terms and conditions are for convenience of reference
only and shall not form part of these terms and conditions. Such headings shall be
ignored in the interpretation or construction of any of these terms and conditions.
17.NO ASSIGNMENT Customer may not assign its rights or obligations under this
Agreement without the express written consent of HP.
19. GENERAL
HP Products are manufactured for standard commercial uses and are not intended to
be sold or licensed for use in critical safety systems or nuclear facilities.
HP is not responsible for delay or failure to perform due to causes beyond its
reasonable control.
All documents referred to in these Terms and Conditions of Sale are incorporated into
these Terms and Conditions of Sale and are available from HP upon request.
These Terms and Conditions of Sale supersede any preprinted terms on Customer's
orders and any previous written or oral communications or representations by either
party related to the Products and may not be amended by Customer without prior
written consent of HP.
Any Customer site access requirements shall not be enforceable to either increase
the obligations or liabilities or reduce the rights under these Terms and Conditions of
Sale of HP, its employees, or subcontractors.
1. SUPPORT SERVICES
HP will provide the support services (HP Care Pack Services) described in this
Service Agreement (the Agreement)to Customer (as defined in Section 2below) for
products purchased in Canada, and as more fully described in the applicable HP
Data Sheet. If it is mutually agreed upon by HP and an HP Authorized
Representative, an HP Authorized Representative will provide the services on behalf
of HP. In the event of any conflict, the terms and conditions of this Agreement shall
control.
2. CUSTOMER
As used herein Customer refers to either (a) end-user HP customer who purchases
the HP Care Pack Services described in this Agreement directly from HP or from an
authorized HP reseller, wholesaler, or distributor, or (b) an HP Authorized
Representative who purchases HP Care Pack Services in order to obtain support for
hardware products at its own or its customers site.
3. CHARGES
Customer will prepay for HP Care Pack Services at the time of support purchase.
Customer will pay all applicable taxes. Full refunds for prepaid services are available
from the place of purchase only if Customer cancels within thirty (30) days of receipt
of the Agreement, and provided no HP Care Pack Services have been provided by
HP at time of cancellation. An additional charge maybe billed to Customer for
hardware products that are found not defective.
4. ELIGIBLE PRODUCTS
(a) To be eligible for HP Care Pack Services, product must be at current specified
revision levels and, in HPs reasonable opinion, in good operating condition.
(b) Customer can purchase HP Care Pack Services only for designated HP and
non-HP software for which Customer has rightfully acquired appropriate software
license(s).
(c) Relocation of product is Customers responsibility and may result in additional
support charges and modified service response times.
(d) Unless otherwise specified in the applicable HP Data Sheet, products moved
outside the country where this HP Care Pack Service is purchased will not receive
service under the terms of the Agreement.
(e) Not withstanding Section 4 (a) of the Terms and Conditions, products which are
in good operating condition at the time HP Care Pack is purchased are eligible for
post warranty hardware support even if they are not at current specified revision
levels available.
5. WARRANTIES
HP warrants the HP Care Pack Services will be provided in a professional and
workmanlike manner. THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO
OTHER DUTIES, WARRANTIES OR CONDITIONS, WHETHER WRITTEN, ORAL
OR IMPLIED BY STATUTE OR AT LAW, ARE EXPRESSED OR IMPLIED. HP
SPECIFICALLY DISCLAIMS ANY DUTIES, WARRANTIES OR CONDITIONS
IMPLIED BY STATUTE OR AT LAW, INCLUDING BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
8. CUSTOMER RESPONSIBILITIES
(a) Customer or HP Authorized Representative is responsible for registering the
hardware product to be supported within ten (10) days of purchase of the support
service, using the registration instructions within each package, email document, or
as otherwise directed by HP. In the event a covered product changes location or the
support service is transferred with the sale of a used hardware product, registration
(or a proper adjustment to existing HP registration) is to occur within ten days of
purchase from previous owner. HP IS NOT OBLIGATED TO PROVIDE SUPPORT
SERVICES IF CUSTOMER OR HP AUTHORIZED REPRESENTATIVE DOES NOT
REGISTER HARDWARE PRODUCT AS STATED HEREIN.
(b) Customer will make all reasonable efforts to support and cooperate with HP in
resolving the problem remotely, for example, starting and executing self tests or
diagnostic programs, providing all necessary information, or performing basic
remedial activities upon HPs request. Customer will ensure that HP service
personnel are provided with sufficient electrical power to per-form necessary
hardware maintenance and operating supplies used during normal operation.
(c) Customer is responsible for the security of its proprietary and confidential
information and for maintaining a procedure external to the hardware products for
reconstruction of lost, or altered files, data, or programs.
(d) Customer must notify HP if any hardware products serviced are being used in an
environment that poses a potential health or safety hazard to HP employees or
subcontractors; HP may require Customer to maintain such products under HP
supervision and may postpone service until such hazard is remedied by Customer.
(e) Customer must ensure that an adult representative is present when HP is
providing services at Customers designated location or by telephone.
(f) If remote support is available, Customer will allow HP to keep system and
network diagnostic pro-gram resident on the covered product and provide HP login
access for the exclusive purpose of per-forming diagnostics.
(g) Customer acknowledges that Customer has no owner ship interest in diagnostic
software provided by HP and that HP will remove these diagnostic programs and any
HP loaned modems or other equipment upon termination of this Agreement. When
capable, the covered product must be configured to permit access to one voice-grade
telephone line and one data-quality telephone line; both must have terminations
located near the covered product. Upon HPs request, Customer will run HP-supplied
diagnostic programs before having a hardware product serviced under this
Agreement.
(h) Off-Site Support and Exchange Services: Customer is responsible for
performing the following functions prior to return shipping a failed hardware product to
HP: a)perform all steps for self-test and trouble-shooting specified in the operating
manual for the product; b)provide, in writing, the model number, serial number,
current failure symptoms, pertinent failure history and ship-to address (if
applicable);and c)unless the product will be delivered and picked up in person by
Customer, Customer is responsible for packaging the failed product carefully in the
original or HP provided shipping container, or a shipping container that prevents the
product from being damaged while in transit to HP.
13. TERM
(a) For Hardware Support purchased during the product warranty period, this
Agreement will begin on the date of initial purchase of the new hardware product to
be supported and will terminate either
(a) at the end of the specified number of years of service purchased; or for
Hardware Support Services with page limits, terminate once the specified page limit
(or page count) has been exceeded or at the end of the specified number of years of
service purchased, whichever comes first. Page count is defined as the number of
pages (printed or plain) that have passed through a printers print engine and
recorded on the test page.
(b) For Hardware Support purchased after expiration of the warranty, this
Agreement will begin on the purchase date of this Agreement and will terminate at
the end of the specified number of years of service purchased.
(c) For Network Support or Software Support, this Agreement will begin on the date
of registration or thirty(30)days after purchase, whichever occurs first; and will
terminate either at the end of the specified number of years of service purchased or,
if applicable, upon closure of the last covered incident, whichever occurs first.
(d) All HP Care Pack Service will continue until terminated by either party under the
provisions of this Agreement. This Agreement is not renewable; Customer may for
some eligible products, purchase another Agreement upon expiration or termination
of this Agreement. The cost of another Agreement will reflect the age of the product
and service costs at time of purchase.
14. TERMINATION
Customer may terminate this Agreement by notifying the place of purchase at any
time with-in thirty (30) days of purchase to receive a full refund from the place of
purchase. HP may terminate at any time after the effective date of this Agreement if
Customer fails to perform or observe any condition of this Agreement with HP.