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Legal-Schmegal

Legal Mumbo-Jumbo
regarding Warranty Information, Returns Policy, Legal Liability Limitations and Software Licensing Agreements


Warranty and Support Information

Tastycomputers.com™ provides a limited system warranty. The warranty covers only manufacturing defects. Failures resulting from later shipment damage*, misuse, abuse, inadequate power source protection, or acts of God are not covered by this or any other warranty provided by Tastycomputers.com™. The warranty period begins with the "ship date" as noted on the customer's personalized order status web page, as well as noted on shipment notification e-mails to the customer.

*All original order shipments from Tastycomputers.com™ to the customer are fully insured through FedEx.  It is the customer's responsibility to notify us in a timely fashion if shipment damage has occurred, so that we may arrange for the prompt replacement of damaged items.

The warranty on hardware components ("parts") is generally one (1) to five (5) years except for system memory and certain graphics cards, which may carry a limited lifetime warranty (see the specific line item on your system packing written materials and on your Drivers & Programs Disc.)  The warranty on software is as specified by the software manufacturer. The warranty passed through to the customer is the warranty received by Tastycomputers.com™ from the manufacturer or their distributor. Repair or replacement of defective parts is Tastycomputers.com™ and/or manufacturer's option. Discontinued parts may only be subject to repair or replacement with an equivalent more recent version or higher performance part, at the sole discretion of Tastycomputers.com™ . Defective software media supplied by Tastycomputers.com™ will be replaced if Tastycomputers.com™ is notified within 30 days of shipment to the customer. Software "bugs" are NOT covered by this warranty. Keyboards, computer mice and similar external devices have their own parts warranties.

This warranty also includes, unless otherwise noted, three (3) years of Tastycomputers.com™ labor i.e., the labor required for Tastycomputers.com™ to repair or replace a defective hardware component and the labor required to replace the repaired or replacement parts in the system. If a part manufacturer provides a warranty on THEIR labor, that warranty is separate from the system warranty provided by Tastycomputers.com™ (i.e., it is not part of the warranty you are reading). Please note that Tastycomputers.com™ does NOT disassemble individual component parts (e.g., hard drives, CD-RW drives, etc.) and that any labor required to do such work is only provided under the part manufacturer's warranty.

Missing or incorrect items (hardware or software) must be reported within 30 days of the receipt of the order at the "ship to" address on Tastycomputers.com™ invoice. After that point, labor and/or material charges may apply, up to and including full replacement cost.

In cases where hardware or software appear to have malfunctioned or failed, the customer is expected to attempt to resolve the problem using problem-resolution documentation which may accompany the system. If the problem cannot be resolved using the provided documentation, the customer should visit the Tastycomputers.com™ support section of the website and attempt to find a resolution to the problem either by way of online documentation or electronic communication with a Tastycomputers.com™ representative. Lifetime telephone technical support ("service") is available from 8:00 a.m. until 5:00 p.m. U.S. Mountain Standard or Daylight Savings Time, Monday through Friday, excluding legal holidays, in the 50 United States of America and the District of Columbia. A message may be left at other times and a call-back from a Tastycomputers.com™ representative may be required depending on customer location, day of the week or year, and time of day. The customer should contact Tastycomputers.com™ at (720) 351-9269. Telephone technical support is provided without charge, except for possible toll charges imposed by the customer's long distance telephone service provider.  We are happy to call you directly at any time in order for you to avoid any long distance toll charges...just let us know via e-mail.

The customer is expected to work with a Tastycomputers.com™ representative through the website support section, e-mail, or finally over the telephone, to resolve the problem. This may include describing the problem in detail, attempting to resolve the problem as suggested by provider's technical staff, and possibly using diagnostic software, if provided with the system, to isolate the problem.

Returns Information

The customer may return systems or parts for full credit or refund (less return-shipping charges and any possible damage caused by the original customer) for thirty (30) calendar days from the date of receipt by the customer or customer's representative ("receipt"). Returns will not be accepted for credit or refund after thirty (30) days from receipt. There will be no service provided (i.e., no repair or replacement provided) and no credit issued or refund made without a copy of the associated invoice/receipt. Service, refund and/or credit will only be provided to the original purchaser (i.e., the name on the invoice/receipt).

Special order items, as identified on the sales invoice as a customized component(s) not normally offered on our PC bistro menu™, may NOT be returned for a full refund, unless specific written authorization has been obtained from a qualified tastycomputers.com representative.  Refund amounts on systems with special-order components will be less the original wholesale price of the special-order component(s).  The customer may un-install and retain any special-order components before return, but any resulting damage to the rest of the system from an improper un-installation will be subtracted from any refund amount due.

Note: All returns for credit or refund MUST be in original condition, i.e., undamaged, with all original documentation, associated software, cabling, warranty-registration materials, and in the original carton(s), if originally provided by Tastycomputers.com™. Additional charges, in excess of any applicable restocking fee, or reductions in refund amount, may be incurred if the returned items are not in original condition. Software, if opened, may not be returned except for replacement of defective media. If unopened, software returns will be treated the same as parts returns.

All returns require pre-authorization by Tastycomputers.com™. The customer is responsible for obtaining a Return Merchandise Authorization (RMA) number from Tastycomputers.com™ before making return shipment. RMA number requests may be initiated by contacting us.  The customer should conspicuously mark the exterior of all packages with the RMA number WITHOUT defacing the original packing carton-please note cautions regarding "original condition" (above). If the shipment is not properly identified, including RMA number, it may be rejected. RMA numbers are valid for 15 days within which return products must be received by Tastycomputers.com™. If the return shipment is the result of a system being received by customer DOA (dead on arrival-would not boot up*), the return shipping charge (i.e., charge to ship from customer to Tastycomputers.com™) will be borne by Tastycomputers.com™ (ground shipment only). If the system was not received DOA, the return shipment must be pre-paid and fully insured by the customer. The cost of returning the system to the customer (ground shipment, including insurance) will be at Tastycomputers.com™'s expense. Tastycomputers.com™ will not accept COD shipments nor will Tastycomputers.com™ assume responsibility for loss or damage to an uninsured shipment.

*Due to common problems with all of the major freight carriers in the United States, Tastycomputers.com™ has defined a "DOA" system to EXCLUDE situations where installed adapter cards or interface cable plugs must be reseated before the system will boot. If the system fails to boot after being removed from its packaging materials and properly connected to a monitor, keyboard and mouse, the customer may be asked by Tastycomputers.com™ to open the chassis and reseat one or more of the installed adapter cards or interface cable plugs. Also, please note that the need to reseat an adapter card or interface cable plug does NOT constitute a "manufacturing defect."

If it is decided that permanent damage has occurred to the entire system or to one or more components thereof, the customer is responsible for initiating a shipping damage claim with Tastycomputers within 21 days of the receipt of the shipment, so that we may in turn initiate a damage reimbursement claim with our shipping contractor.  Situations where original shipment damage is suspected after this 21 day timeframe has lapsed will be rectified on a case-by-case basis, with possible replacement component costs to be borne by the customer.

Liability Information

Returned systems or parts will be received "as is." NO presumption will be made regarding the condition of the system or parts or the existence of any software or data. Tastycomputers.com™ assumes NO responsibility for the protection of or the ability to recover ANY data or programs which may have been stored on the system (hard drive or removable media) prior to beginning to test or repair the system or parts. Additionally, Tastycomputers.com™ assumes NO responsibility for customer- or third-party-installed or modified hardware and/or software which is part of/included with the returned parts.

If it is agreed upon by both Tastycomputers.com™ and the end user that a local repair facility or individual is to be contracted by the end user for any troubleshooting and/or repair/replacement services, we will bear reasonable costs incurred by the end user from said local repair facility or individual for necessary warranty-related actions related directly to the specific performance issue experienced by the computer, but not including any additional services provided by the repair facility or individual related to data backup/restoration services nor the removal/addition of any hardware component not approved by us, software program or setting.  The end user is solely responsible for backing up and/or restoring data, whether or not performed by the end user or a third party.  If it is deemed by us or the approved third party technician that any damage has been caused by the negligent action of the end user or third party not authorized by us, including later hardware/software modifications or installations, damage as a result of lightening strike, faulty facility wiring or lack of sufficient electrical surge protection, Tastycomputers.com™ waives responsibility for the resulting problem.  "Verbal agreements" or "understandings" have NO effect.

If the returned or malfunctioning system component(s) are no longer generally available, or have been discontinued, an equivalent more recent version or higher performance part may be substituted, at the sole discretion of Tastycomputers.com™, to satisfy the requirements of this warranty. If required to affect warranty replacement, an alternate part and other necessarily attendant part(s) (e.g., bracket, interface card, etc.) may be substituted during the replacement process. All replaced parts become the sole property of Tastycomputers.com™. Replacement parts may be new, repaired, or refurbished.

Tastycomputers.com™ is not liable under any circumstances for any special, consequential, incidental or exemplary damages, including but not limited to claims of physical or mental injury, death, lost revenue or profit, loss of use, lost data, or for any damages to or sums paid by the customer to third parties, even if Tastycomputers.com™ has been advised of the possibility of such damage. These limitations of liability shall apply whether any claim is based on principles of contract, warranty, negligence, tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limit of exclusive remedy to achieve its essential purpose, or otherwise. Any litigation will be under the laws of the State of Colorado, County of Arapahoe.

Repair or replacement of defective, Tastycomputers.com™-supplied parts under warranty constitutes Tastycomputers.com™'s sole liability and the customer's sole remedy in connection with any claim of any kind relating to the quality, condition, or performance of any part purchased from Tastycomputers.com™.

"Design defects" and "incompatibilities" documented by the component manufacturer in their included or online product specification(s), errata, release notes, and/or "readme" or similar files do NOT constitute "manufacturing defects" for the purpose of this warranty and are therefore NOT covered under this warranty. The component manufacturer should be contacted regarding such "defects" and "incompatibilities." Tastycomputers.com™ may or may not be involved in resolving associated problems or, potentially, affecting component replacement(s) as result of said compatibility or lack of certified drivers for the applicable operating system or interaction issues with other associated hardware/software components.

Privacy Policy

Please see our Privacy Policy for additional information on how we use and collect information.

 

OEM Licensing Notes
When you receive a Tastycomputer with official OEM software:

  • License Agreements require that OEM software may only be installed on that one computer, but you can reinstall it on the same computer as many times as is needed.

  • You may not transfer OEM software to another computer.

  • You will be required to activate certain programs if installing for the first time, and with subsequent reinstallations. The Activation Wizard will appear when you first use programs that require activation after installing the program. Learn more about product activation (Microsoft web site.)

There are several advantages to obtaining OEM software on a new computer, including:

  • the convenience of having it pre-installed for you

  • cost savings of 40% or more over retail prices

  • the confidence that you have an official licensed version of a full software product, not just an upgrade version or pirated copy, complete with official product keys (and original installation CD/DVD for Windows XP/Vista) for later reinstallation.

Special Note for Microsoft Office 2007 OEM Versions*
Medialess Licensing Kit
:  Your computer will be preinstalled with the 2007 Microsoft Office suite (for the OEM Basic, Small Business and Professional editions) and we will provide you with an official Microsoft Medialess Licensing Kit that will include your unique 2007 Office Suite product key.  No official Microsoft installation CD for Office will be included with your shipment, per Microsoft's new system builder licensing requirements, but installation files will be included on your Drivers & Programs Disc.  You may optionally order an official Office installation CD from Microsoft within 90 days of receiving your computer for possible minimal shipping and handling charges.

*The Medialess Licensing Kit stipulation is not applicable for the Office Home and Student 2007 suite, as it is a retail boxed version, which will be shipped with the original installation CD and product key within the retail acrylic box found in stores.

A Note About our OEM Software Sales Policy
We are a customized computer system builder, and as such we do not sell software as a separate purchase, but only as an upgradeable component option when customizing your Tastycomputer, whether in our secure online shopping cart or over the telephone with a sales representative.  All software listed on our site is not available separately as full-packaged products.  All system builders and value-added components resellers must abide by an OEM Licensing Agreement regarding offering official Microsoft® OEM software only with a qualifying hardware purchase.

Any software offered on our site will be specifically listed as an OEM or retail version.  Generally, operating systems such as Microsoft® Windows Vista™ or XP, productivity suites such as Microsoft® Office, and certain complimentary software bundles included with a particular hardware component are OEM software versions that require adherence to an OEM Licensing Agreement.  Other software available as a configurable system upgrade such as Quicken®, Microsoft® Money, and Antivirus Software options, are non-OEM software versions, meaning that they may be installed on any hardware pursuant to the particular licensing agreement, and not specifically limited to your Tastycomputer.  Please review any accompanying licensing agreements specific to a particular software program for additional information.

Portions © 2001-2008 Microsoft Corporation


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