Terms and Condition
These Terms and Conditions are applicable to sales and open online orders. We kindly request that you carefully review these terms. Please be aware that there are specific terms that apply to consumers, which take precedence over the other provisions stated in these Terms and Conditions.
Website
1.1) The operation of this website is carried out by Hard Drive World, whose registered office is located at [insert registered office address]. In this document, the terms "HDW," "we," or "us" refer to Hard Drive World. As a reseller of computer-related products, peripherals, and accessories, HDW provides its services.
1.2) The purpose of this website is to cater to both existing and potential customers of HDW. Individuals who place orders for our products are required to adhere to HDW's terms and conditions. We advise reviewing these terms and conditions prior to making any purchases through this website.
1.3) Access to and usage of the HDW website are subject to the subsequent terms and conditions. We reserve the right to modify these terms and conditions without prior notice. By ordering products from us or accessing and using the website, you are assumed to have accepted the following terms and conditions. If you do not agree to these terms and conditions, we kindly ask that you discontinue using the website.
Definitions
2.1) The term "Business Customer" refers to a customer who is not purchasing as a consumer.
2.2) A "Consumer" is an individual who is not engaging in business or professional activities.
2.3) "Hard Drive World" is also known as "HDW," "we," or "us" in these terms and conditions.
2.4) The term "Catalog" pertains to the collection of products and services offered by Hard Drive World.
2.5) "Force Majeure" encompasses any circumstances beyond the reasonable control of Hard Drive World that hinder its ability to fulfill its obligations, such as governmental regulations, fire, flood, or industrial disputes involving a third party.
2.6) "Normal Working Hours" are defined as 9:00 AM to 5:00 PM EST on weekdays.
2.7) "Working days" refer to Monday to Friday, excluding public holidays.
2.8) "Open Online" or "website" indicates the internet platform accessible via the address www.harddriveworld.com.
2.9) A "Customer" is an individual or business entity that is an existing or potential customer of Hard Drive World.
2.10) The term "User" refers to the person accessing the Open Online platform on behalf of the customer.
2.11) An "Administrator" is an individual responsible for managing and authorizing Users on behalf of the customer.
Orders
3.1) These terms and conditions apply to the sale of Hard Drive World's products (referred to as "Products") to customers, regardless of whether the purchase is made through written purchase orders or electronic orders via EDI (referred to as "Purchaser Orders"). Once the customer receives express acceptance from Hard Drive World or when Hard Drive World begins performing the agreed-upon services, these terms and conditions, along with the modified purchase order accepted or acknowledged by Hard Drive World, form a binding contract (referred to as the "Sales Agreement"). If there is a conflict between these terms and conditions and any purchaser order, these terms and conditions take precedence, unless Hard Drive World has expressly agreed to the conflicting term in the purchase order acceptance or acknowledgment. In case of a conflict between the purchaser order and Hard Drive World's acceptance or order acknowledgment, the acceptance or order acknowledgment prevails. These terms and conditions do not affect a consumer's legal or contractual rights to reject faulty products.
3.2) Hard Drive World reserves the right to accept or refuse any order placed by customers, as all orders are subject to acceptance and product availability.
3.3) By placing an order, customers confirm the accuracy of all details provided for purchasing products or services on the website. Customers also confirm that the credit or debit card used for the purchase belongs to them or their company, they are authorized to use it, and there are sufficient funds or credit available to cover the cost of the ordered products or services. Hard Drive World may verify the credit or debit card details before providing any products or services.
3.4) It should be noted that Hard Drive World may monitor and record inbound and outbound calls and electronic traffic for training purposes.
3.5) The acceptance of an order is subject to credit approval by Hard Drive World. If a customer's credit is found unsatisfactory, Hard Drive World reserves the right to terminate the agreement with prior notice to the customer.
Prices
4.1) The prices quoted do not include any applicable sales taxes. Customers are responsible for paying any relevant sales taxes, which may be applicable in California or other states, countries, and provinces.
4.2) Hard Drive World retains the right to adjust the product prices by providing written notice to the customer before delivery. This price adjustment may occur if there are changes in product specifications requested by the customer or if there are delays caused by the customer's instructions or failure to provide sufficient information or instructions to Hard Drive World.
Ordering
5.1) Hard Drive World will send you an email to acknowledge the receipt of your order.
5.2) Hard Drive World will send you an email to confirm the acceptance of your order.
5.3) Hard Drive World will send you an email with the tracking number to confirm that your order has been dispatched.
5.4) It is important to note that Hard Drive World relies on the email address you have provided during the website or phone ordering process.
Delivery, Title & Risk
6.1) For any inquiries regarding shipment, please contact our Customer Support team or call us at (Contact Number). To track the progress of your order, please log into your account on harddriveworld.com. Delivery is free of charge for DATA MEDIA orders above £250 (excluding Tax). For Data Media orders below £250, the delivery charge remains the same regardless of value or weight, except for orders outside the United States, which have a separate delivery structure.
6.2) HDW will make reasonable efforts to dispatch the Products by the agreed-upon date with the Customer. However, we are not liable for any failure to deliver within the stated time if it is caused by circumstances beyond our control, such as delays by delivery companies or manufacturer lead times. If a delay is expected, we will do our best to inform the Customer and provide updates. If the revised delivery date is not acceptable, a Consumer Customer has the right to cancel the order.
6.3) In the case of a Business Customer, if HDW is unable to deliver the Products within 30 days of the agreed delivery date, the Business Customer's sole remedy is to cancel the order and receive a refund of any payment made to HDW for that order. To cancel, the Business Customer must send written notice of cancellation to HDW after the specified date but before delivery of the products or notification from HDW that the Products are ready for delivery.
6.4) HDW is not responsible for shortages or damage to deliveries unless the Business Customer notifies us in writing within 48 hours of receiving the delivery. Business Consumers should report shortages or damage within a reasonable period after becoming aware.
6.5) Business Customers should be prepared to accept the Products during Normal Working Hours when they are ready for delivery.
6.6) The Products are at HDW's risk until they are delivered to the Designated Carrier. If the Customer refuses delivery or HDW cannot dispatch the Products to the Designated Carrier on time due to the Customer's failure to provide instructions or authorizations, the risk in the Products passes to the Customer upon a signed proof of delivery. In such cases, the Products are deemed to be delivered, and HDW may store them at the Customer's expense until delivery, for which the Customer will be responsible for all related costs and expenses as per Condition 4.2.
6.7) Title of the Products does not transfer to the Customer until full payment is received by HDW.
6.8) If the Customer is unable to accept delivery, HDW may choose to store and insure the Products at the Customer's expense and risk, or sell them at the best reasonable price and pay the Customer any excess over the sale price or charge for any shortfall, or rearrange delivery with additional costs borne by the Customer.
6.9) The Customer may request proof of delivery, which should be made in writing within 3 months of the delivery date. HDW will make reasonable efforts to provide the requested proof. After this period, delivery will be deemed to have been successfully completed.
6.10) Upon delivery, the Customer will be asked to sign a proof of delivery to confirm a safe receipt. It is the Customer's responsibility to ensure that the number of packages delivered matches the number stated on the delivery note. Any discrepancies or visible packaging damage should be noted on the proof of delivery without making amendments.
Delivery Terms
7.1) Standard delivery: Through standard delivery, the Products will be sent to the Customer's specified address within the estimated timeframe provided during the purchase.
7.2) Express delivery: By opting for express delivery, the Products will be shipped to the Customer's designated address within the estimated timeframe mentioned at the time of purchase. Additional charges may apply for express delivery.
7.3) International delivery: HDW offers delivery services for international customers, but it's important to note that the customer is responsible for any additional fees, such as customs duties and taxes. The estimated timeframe for international delivery will be provided during the purchase process.
7.4) The provided delivery dates are approximations, and HDW cannot be held liable for any delays in delivery.
7.5) If the Customer is unavailable to receive the delivery or if the Products are returned to HDW due to an incorrect delivery address provided by the Customer, the Customer will be responsible for any additional delivery charges.
7.6) HDW retains the right to engage a third-party carrier to handle the delivery of the Products.
7.7) It is the Customer's responsibility to inspect the Products upon delivery and promptly inform HDW of any damage or discrepancies within 48 hours of receipt.
Availability
8.1) We regularly update our website to ensure accurate information regarding product accessibility and lead times. While we strive to maintain constant availability of all advertised items, we cannot guarantee it. If a selected item is unavailable, we will promptly communicate with you to provide estimated delivery dates within a reasonable timeframe. Should the product remain unavailable even after the specified waiting period, we will contact you via email or phone to discuss the possibility of extending the waiting period or proposing an alternative product. Please note that if a product is marked as out of stock on our website, there is still a possibility that one of our suppliers may have it in stock. If you would like to verify this, please contact us via phone or email.
Payments
9.1) There are four different payment methods available for placing your order, whether it's done online, over the phone, via fax, or email: Account, Credit and Debit Cards, Bank transfer, or Cash-on-Delivery (C.O.D.).
9.1.1) Account: You can apply for a credit account by filling out our Credit Application Form. Our credit department will assess and determine the credit limit based on our discretion. This process may take up to a week. Once approved, you can enjoy up to 30 days of credit terms within the assigned credit limit.
9.1.2) Credit and Debit Cards: We accept American Express, Visa, and MasterCard through a secure payment system. For security purposes, your card will be charged on the day of your order. You can make the payment online or by completing the credit card form.
9.1.3) Bank transfer: We offer the option to pay via bank transfer. Please note that international bank transfers will only be accepted if the customer covers the additional transfer costs. Your payment will be processed upon receipt of the bank transfer. Once the payment is received, we will proceed with the dispatch of your Products. Please allow several days for offline payments to be processed.
9.1.4) Telephone payment: You can make a payment through our customer service by calling (Contact Number). For high-value orders, HDW reserves the right to contact you to confirm your order details before authorizing the payment.
9.1.5) Cash-on-Delivery (C.O.D.): We also offer the option of paying in cash upon delivery, which can be arranged upon request.
9.2) As a security measure, HDW may request bank transfer payment for first-time transactions from its clients.
9.3) In the event of any suspicious details identified by our insurance company or fraud detection department, HDW reserves the right to cancel the transaction for security reasons.
9.4) The standard payment terms for customers with a credit account are 30 days from the invoice date, unless otherwise agreed upon in writing. If payment is not received by the due date, HDW has the right to charge daily interest on the outstanding balance at a rate of 18% per annum for Business Customers and 5% per annum for Consumers.
Product Specifications
10.1) We strive to provide the Products exactly as advertised, but Hard Drive World retains the right to supply the Products with slight variations in dimensions and specifications if these changes are made by the manufacturer.
10.2) In the event that Hard Drive World is unable to supply the ordered Products, we reserve the right to offer alternative Products of equal or superior quality at no additional cost. If the Customer chooses not to accept the offered alternative Products, they have the option to cancel the order and receive a refund for any payment made to Hard Drive World, including shipping charges. This is the only recourse available to the Customer in such circumstances.
Trade Names & Trademarks
11.1) The use of trade names and trademarks (excluding those belonging to Hard Drive World) may not always indicate the specific manufacturer of a product. Instead, they might refer to common industry systems and machines associated with such products.
11.2) For customers seeking a specific brand of product when making component purchases, it is advisable to contact Hard Drive World prior to placing an order to confirm the manufacturer of the intended component.
Warranties & Returns
12.1) At Hard Drive World , we are dedicated to providing our customers with top-quality products and service. However, in rare instances, products may be found to be faulty or defective. In such cases, we offer the following options for returns:
12.2) Unless otherwise specified in the manufacturer's documentation, all products delivered by Hard Drive World are covered by a 12-month manufacturer's warranty.
12.3) If you are purchasing products for your business, the provisions outlined in this clause will apply. Apart from the explicit terms stated in these Terms and Conditions, all other terms and implied warranties related to product supply are excluded to the fullest extent permitted by law. The products are not tested or sold as specifically suitable for any particular application or for use under specific conditions, unless expressly agreed upon in writing.
12.4) If you are purchasing services for your business, the provisions outlined in this clause will apply. Hard Drive World will utilize its expertise and skill to perform contracted works (referred to as "Services") at a standard equivalent to industry norms. We guarantee that our work is free from defects for a period of 30 days after completion. However, we cannot be held responsible for any faults or damages not caused by our engineers or contracted agents. In the event of a claim regarding the level of skill and judgment applied during the provision of services, Hard Drive World reserves the right to appoint an independent expert to assess the work. Additionally, we cannot be held liable for equipment that has been altered or configured by individuals other than Hard Drive World. Apart from what is explicitly stated here, all other express or implied terms or warranties related to the services are excluded to the fullest extent permitted by law.
12.5) This section intentionally left blank.
12.6) If Hard Drive World agrees, at its discretion, to accept the return of unwanted products for credit, the products must be returned within 7 days of delivery with prior written agreement from Hard Drive World. The products must be unopened and in perfect resalable condition. In such cases, a handling fee of 25% of the sale price will be charged for the returned products.
12.7) Upon testing to verify any alleged faults, Hard Drive World will accept the return of defective products within 7 days of delivery for a full refund or replacement, at our discretion.
12.8) Our technical support staff or customer support staff will guide you on the appropriate method of returning the products. Depending on the nature of the purchased product, we will either arrange a courier collection or request that you return the product directly to Hard Drive World. If the products are found to be defective upon inspection, the cost of returning the item will be refunded. Authorized product returns must be sent to the designated address provided by Hard Drive World.
12.9) Hard Drive World offers a no-charge collection, repair, and delivery service (only) for faulty products if the fault is reported within 7 days of delivery. Please note that if a courier collection is arranged by Hard Drive World, we cannot specify the collection time, and it is your responsibility to ensure someone is present at the collection address.
12.10) All returned products must include Hard Drive World's Returns Material Authorization number (RMA Number), which can be obtained by contacting Customer Support. Returns will not be accepted without an RMA Number. Do not write directly on the manufacturer's packaging. Instead, write the RMA Number on the provided address label and attach it to the returned package. Any damage to the manufacturer's packaging or inadequate packaging may result in the rejection of the return or an additional restocking fee, at Hard Drive World's discretion.
12.11) Hard Drive World cannot accept liability for packages damaged during transit. It is the customer's responsibility to adequately package the product to prevent damage.
12.12) Proof of postage is not considered proof of delivery. Therefore, it is strongly advised to send your package using recorded delivery, registered post, or courier and insure the products for their full value.
12.13) Upon receiving the returned product, we will conduct tests to identify the fault reported by you.
12.13.1) If, after the testing process, the product is found to be in good working order without any defects, Hard Drive World will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you requested a replacement product before the completion of the testing process, you will be responsible for the cost of both products.
12.13.2) This warranty will not apply if the products have been tampered with, altered, or damaged in any way by you, your employees, or your agents. It also does not cover products used in a manner inconsistent with the manufacturer's instructions.
12.13.3) Software with broken seals cannot be returned for credit. In the case of faulty software disks, the manufacturer will provide replacements. Please note that software licenses are non-returnable unless the software does not comply with its specification or the physical media is defective.
12.14) Hard Drive World takes every effort to ensure that products are delivered as advertised. However, we reserve the right to supply products with minor variations in dimensions and specifications if they have been changed by the manufacturer. Some manufacturers require products to be returned within 7 days or less to be eligible for a refund. In such cases, the manufacturer's time limit will apply, and Hard Drive World will only accept returns within 7 days of purchase or the manufacturer's specified time limit, if it is less than 7 days. Hard Drive World can only accept the return of a defective product that does not meet the description if it is returned within 7 days. After that period, you will be considered to have accepted the products, and it is your responsibility to promptly inspect them upon receipt. Please note that for clearance bargains and "NCCR" products as outlined in clause 15, this period is reduced to 2 days.
12.15) Hard Drive World's warranty explicitly replaces all other warranties, including implied warranties of merchantability and fitness for a particular purpose. It constitutes the only warranty provided by Hard Drive World with respect to the products. Additionally, Hard Drive World makes no warranties regarding performance, production, expendable or wearing parts, or any separately listed items of the products unless expressly stated herein.
Hard Drive World’s Liability
13.1) When dealing with Business Customers, Hard Drive World will not be held liable for any indirect or consequential damages or losses, regardless of the cause. This includes but is not limited to loss of business, loss of profits, damage to reputation, disruption of trading relationships, data loss, and other financial losses. It's important to note that "financial loss" in this context does not refer to the price paid for the Products. If the Products are faulty or do not meet their description, Hard Drive World may be liable to refund you, either fully or partially. For all other losses, Hard Drive World's liability will be limited to the amount invoiced for the relevant order.
13.2) This agreement does not restrict Hard Drive World's liability in cases of death or personal injury caused by its negligence. Hard Drive World remains fully liable for such incidents.
Health & Safety Majeure
14.1) Hard Drive World affirms that the Products it distributes do not pose any health and safety risks when used appropriately for their intended purpose. It is important for the Customer to exercise reasonable and standard precautions during their use.
Force Majeure
15.1) If Hard Drive World is unable to fulfill its obligations due to circumstances beyond its control or force majeure events, despite making reasonable efforts, it will not be considered a violation of the contract with the Customer.
Special Rules for Clearance Bargains & Non-Current Catalog Requests ('NCCR') Products
16.1) Hard Drive World offers "Clearance Sales" where discounted prices are available for downgraded products. These products have limited stock and are subject to special rules that apply in addition to, and take precedence over, all other terms and conditions, except those specifically applicable to consumers.
16.2) Clearance Sales are categorized based on the condition of the products, which is described at the time of sale. The duration of any guarantee associated with the products is specified in the respective grade description.
16.3) Due to limited availability, HDW will verify stock availability upon receiving an order for Clearance Sales. A sales contract will only be established and payment will be processed once stock availability is confirmed to the customer.
16.4) "Non-current catalog requests" (NCCR) or "Specials" sold by HDW are subject to additional special rules in addition to the general terms and conditions.
16.5) Unless there is an error on the part of HDW or the products are faulty, clearance products are non-returnable.
16.6) The quoted prices for clearance products are valid for a period of 14 days only.
16.7) Quoted prices for clearance products are not eligible for value, cash, or volume discounts.
Errors & Omissions
17.1) Hard Drive World strives to ensure the accuracy of prices and descriptions provided in its catalog and on its website. However, due to the fast-paced nature of e-commerce, occasional mistakes may occur. If a clear error or omission is identified, Hard Drive World reserves the right to cancel the contract, even if the Customer's order has been accepted and payment has been received. In such cases, Hard Drive World's liability will be limited to refunding any money paid by the Customer for the order. If a clear error is found in the pricing, the Customer will have the option to purchase the Products by paying the difference between the quoted price and the correct price, as confirmed in writing by Hard Drive World after the error has been discovered.
17.2) The term "manifest error," as used in paragraph 17.1 above, refers to an incorrect price that deviates by more than 10% from the price that would have been quoted if the mistake had not occurred.
Customer’s Obligations
18.1) The Customer will designate the Open Online "Administrator" specified in the Open Online authorization form.
18.2) The Administrator will be responsible for managing the use of Open Online on behalf of the Customer.
18.3) The Customer has the option to change the appointed Administrator by using the online platform or by notifying Hard Drive World in writing about the new Administrator's details.
18.4) The Customer is responsible for meeting all the technical requirements for accessing Open Online and acknowledges that Hard Drive World cannot be held liable for any losses resulting from technical incompatibilities or system errors.
18.5) The Customer must ensure that their authorized Administrator and Users do not share any user login details with third parties under any circumstances. Reasonable measures should be taken to prevent this from happening.
Administrator’s Obligations
19.1) The Administrator has the following responsibilities:
19.1.1) Granting authorization, approval, and adjusting access levels for Users, both new and existing.
19.1.2) Removing, deleting, and making changes to Users who have left the company or are deemed unfit to use Hard Drive World's online platform for any reason.
19.1.3) Verifying and maintaining the accuracy of all Customer company details stored on the platform, including but not limited to postal and delivery addresses.
19.2) The Customer acknowledges that they bear full responsibility for the actions taken by the Administrator and any modifications made to the data.
User’s Obligations
20.1) The User is required to act solely on behalf of the Customer when carrying out any activities using Hard Drive World's online platform.
20.2) The User is prohibited from sharing any security credentials (including, but not limited to, usernames and passwords) with third parties, regardless of the circumstances.
20.3) Upon terminating their representation or employment with the Customer, the User must refrain from using any login information associated with the Customer to access Hard Drive World's online platform.
Security & Login
21.1) The HDW login credentials consist of three components:
21.1.1) The Account Number.
21.1.2) The User's unique Username (typically the User's email address) within the Customer.
21.1.3) The User's confidential Password (an alphanumeric combination).
21.2) By using the login information, it is assumed that the Customer gives consent to orders and information submitted on its behalf.
21.3) The Customer, Administrator, and User are responsible for taking reasonable measures to maintain the confidentiality of the login information, particularly the Password.
License
22.1) HDW provides you with a non-exclusive license to utilize the Hard Drive World website, contingent upon your adherence to these Terms and Conditions.
22.2) HDW reserves the right to terminate this license without prior notice.
22.3) By accessing and/or using the HDW website, you acknowledge and agree to abide by these Terms and Conditions, which are applicable to all website pages and entry points.
Materials on the Website
23.1) The content of the HDW website, including its design, layout, appearance, and graphics ("the Content"), is protected by copyright and trademark laws. The Content is either owned, licensed, or controlled by HDW. You may only use the Content for your personal, non-commercial purposes, and it should not be copied, reproduced, republished, downloaded, posted, broadcasted, or transmitted without authorization. Any other use of the Content requires written permission from HDW.
23.2) It is strictly prohibited to distribute, republish, or make the material on this website available to third parties without prior written consent from HDW.
23.3) Furthermore, no part of the website may be distributed, copied, reproduced, transmitted, or stored in any other website or electronic retrieval system for commercial purposes without prior written permission from HDW.
23.4) Unauthorized use of the website may result in legal action, including claims for damages and potential criminal offenses.
Website Information
24.1) The information provided on this website is intended to be accurate and reliable, but it is subject to change without prior notice. Hard Drive World makes every effort to maintain the accuracy of the information; however, except as explicitly stated in the applicable Terms and Conditions, Hard Drive World cannot guarantee the accuracy of the information and does not provide any warranty or representation regarding its accuracy, except as outlined in clause 6.4.
24.2) The information on this website should not be solely relied upon and should not be considered as advice or recommendation. By using this website, you acknowledge that you have not relied on the information provided. Any agreements or arrangements made between you and any third party mentioned or referred to on the website are solely your responsibility and at your own risk.
24.3) The sales information presented on this website is an invitation for you to consider making a purchase and should not be interpreted as a binding offer to enter into a contractual relationship.
Linking
25.1) The website may include links to other websites. Any content downloaded or accessed from these websites is done at your own risk. Hard Drive World does not assume any responsibility or liability for the content of external websites that are not directly controlled by Hard Drive World. The inclusion of a link does not imply an endorsement by Hard Drive World of the linked website.
25.2) Without prior written consent from Hard Drive World, you are not permitted to create a link to this website from another website or document.
Liability
26.1) Unless explicitly stated in HDW's applicable Terms and Conditions, HDW does not provide any express or implied warranties or representations regarding the website, the Content, or any advertisements, services, or products offered through or in connection with the website.
26.2) HDW cannot guarantee that the use of this website will be compatible with all software used by visitors to the site.
26.3) HDW will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, restitution, or otherwise, for any injury, death, damage, direct or indirect loss, or consequential loss (including but not limited to economic loss, loss of profits, loss of business, depletion of goodwill, and similar losses), arising from or in connection with the use of this website or the use, access, download, or reliance on any information or materials contained in this website, including any harm caused by computer viruses or malicious code.
Modification to Website Content
27.1) Changes to Website Content
27.2) Hard Drive World has the right to modify the content of the website at its discretion without prior notice.
27.3) Hard Drive World may also update these Terms and Conditions by posting the revised version on the website. In the event of substantial changes, Hard Drive World will make reasonable efforts to notify visitors of the revised Terms and Conditions. It is recommended to regularly review these Terms and Conditions.
Viruses & Malfunctioning Programs
28.1) Hard Drive World cannot guarantee that the website will be free from errors or that access to it will be uninterrupted. Additionally, Hard Drive World cannot ensure that the website or its servers will be free from viruses, bugs, or other harmful code.
User Conduct & Security & Privacy
29.1) You agree not to participate in any of the following activities:
- Disrupt or interfere with the security of the website, its affiliated or linked websites, or any services, systems, resources, accounts, servers, or networks connected to or accessible through them.
- Disrupt or interfere with the enjoyment of the website or its affiliated or linked websites by other users.
- Send unsolicited mass emails, such as spam, chain letters, or junk mail, to individuals or entities who have not consented to receive such communications.
- Upload, post, or transmit any defamatory, obscene, or unlawful content on the website that may infringe upon the rights of third parties or cause offense.
29.2) You agree to indemnify and hold HDW harmless for any violation of these obligations as outlined in Clause 29.
29.3) HDW will provide existing account holders with a valid username and password to access their account information on the website. It is your responsibility to keep your username and password confidential. Your username and password are for your personal use only and should not be shared or disclosed to others.
29.4) Once you become an account holder, you agree not to use the username or password of any other account holder, nor allow any other account holder to use your username and/or password. If you suspect unauthorized access or a breach of your username and/or password, you agree to promptly notify HDW by contacting the IT Manager or emailing the company.
Severability
30.1) If a court of competent jurisdiction determines that any provision in these Terms and Conditions is illegal, invalid, or unenforceable, that specific provision will be considered as removed, and it will not impact the validity and enforceability of the remaining provisions in these Terms and Conditions.
Repair Service
31.1) Hard Drive World accepts no liability for any loss of business, actions, costs, claims, damages, or other liabilities arising from direct or indirect claims made against us or our customers, resulting from any repairs performed or delayed delivery of services or products.
31.2) We offer a "No Fix/No Fee" policy, meaning if we are unable to repair HDW products, we will not charge the customer (excluding shipping costs). However, a test report may be charged if requested.
31.3) Hard Drive World commits to making reasonable efforts to service or repair products and address any reported faults by the customer.
31.4) If a customer is uncertain about the status of multiple units, they can request a test service, which does not include repairs. Based on the test reports, the customer can then request a separate quote for repairs.
31.5) When quoting the repair cost, we rely on the available information at the time. However, if the actual repair cost exceeds the agreed price due to unforeseen circumstances, we will inform the customer and provide a new repair quote. The customer can choose to accept the revised price or have the unit returned as "Beyond Economical Repair" at no cost (excluding shipping). Test results can be provided at the test rate instead of the repair rate, upon request.
31.6) Hard Drive World reserves the right to declare products as "Beyond Repair."
31.7) Repair services are subject to parts availability.
31.8) In case of delays caused by parts availability or any other reason, we will promptly notify the customer, and no liabilities will be attributed to Hard Drive World for such delays.
31.9) During the inspection stage, if the cost of parts required for the repair exceeds the initial repair price, the customer may be required to approve an uplifted repair price before ordering the parts. If the customer declines the uplift, the products will be returned as "Beyond Economical Repair" at no cost (excluding shipping). Test results can be provided at the test rate instead of the repair rate, upon request.
31.10) Parts used for repairs or services may be new or reconditioned. Reconditioned parts will meet the same specifications as new parts and will function equivalently.
31.11) Prior to shipping the product to Hard Drive World, it is the customer's responsibility to remove or back up any data/configuration stored on the products.
31.12) As part of the normal repair process, all data/configurations will be deleted from the products.
31.13) Hard Drive World bears no responsibility or liability for any lost, deleted, or inaccessible data stored on the products.
31.14) Hard Drive World does not guarantee the upgrading of products to the "latest" software version due to copyright and licensing constraints.
31.15) In situations where upgrading or downgrading of products is necessary due to HDW/software incompatibilities, we will contact the customer for approval if there are associated licensing costs.
31.16) The customer is responsible for ensuring that all products are sent with their complete internal and/or external memory/flash/flash cards. Incomplete products will be tested using "reference" parts, which will be removed before returning the products.
31.17) Warranty does not cover products found to be faulty due to missing memory/flash/flash cards.
31.18) Software issues are not covered under warranty and will be charged at the full repair price.
31.19) We provide a 12-month warranty period for the actual repair, not covering the entire unit.
31.20) Any warranty claims must be reported in writing within this period, including the serial number, following our standard RMA procedure (see Clause 11).
31.21) It is important for customers to have
insurance coverage for shipping products from their premises to our repair facility and back. We will make reasonable efforts to notify customers within 48 hours of any damage to products upon arrival at our facility.
31.22) If, during inspection, products are found to have no fault (NFF), we will communicate this to the customer and may request further information.
31.23) If there is no response or contact regarding the resolution of an NFF, the products will be quarantined for ten days. If there is still no response after this period, we will return the products to the customer as NFF and charge the full repair price.
31.24) All products undergo a minimum soak test period of 2 hours, and in cases of suspected intermittent faults, extended soak testing of up to 5 days may be performed (depending on the product type, etc.).
31.25) If the customer requests urgent return of products during extended soak testing, warranty terms may be affected. The customer will be notified if the product's turnaround time will be impacted due to extended soak testing.
31.26) Repaired products will be returned to the customer within five working days from the inspection date. If unforeseen circumstances prevent this, the customer will be informed of any possible delays.
31.27) Whenever possible, customers should provide details of the suspected fault in the products. Failure to do so may impact the quote and/or turnaround time.
31.28) We agree to include diagnostic/test reports generated after the repair, if possible. However, we reserve the right to protect our intellectual property by not providing specific information about replaced parts or repair actions.
31.29) The customer is responsible for transportation costs to and from their location. Transport costs will be invoiced to the customer, regardless of whether the customer declined a quote or opted not to have services conducted on the products.
31.30) Products must be securely packaged to prevent physical damage and electrostatic discharge.
31.31) All modules within chassis-based products should be removed unless specifically included in the purchase order and require testing/repair.
General
32.1) Your consumer rights under the law are not affected by these terms and conditions.
32.2) If any provision in this agreement is found to be invalid or unenforceable, it will be removed from the agreement without affecting the validity or enforceability of the remaining provisions.
32.3) Any waiver of a breach of this agreement must be in writing. These terms and conditions constitute the complete agreement between the parties and replace any previous oral or written communications regarding the subject matter. Any modifications to these terms and conditions require written agreement signed by authorized representatives of both parties.
32.4) These terms and conditions take precedence over conflicting or additional terms in any purchase order, sales acknowledgment, confirmation, or other documents issued by either party. In case of any conflict with other documents, these terms and conditions will prevail.
32.5) Any changes to this agreement must be in writing and signed by an authorized representative of Hard Drive World.
32.6) The headings used in this agreement are for convenience only and do not affect the interpretation of the agreement.
32.7) Any notices under this agreement must be in writing and can be sent by mail, fax, or email to the last known address, fax number, or email address provided by the party.
If you have any further questions or inquiries, please contact us via phone or email at harddriveworld.com.