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Brand: Tsscom

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Premium Warranty is an optional service offering to provide TSSCOM notebooks and desktops on the best effort basis with repair/replacement in the event of accidental damage and limited network & software installation/configuration service for the period of purchase along with a complimentary one time limited offer of annual remote preventive maintenance service through its remote service, onsite service, telephonic support and service support at TSSCOM  touch service centers in India.Online Price : Rs. 689.00

Terms & Conditions

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    Terms and Conditions
   

1. DEFINITIONS


Tsscom means Tsscom Computers Limited - a company selling IT products to the Customer as identified in Tsscom's Proposal/Quotation or Bill/Invoice.

Customer means the person or legal entity identified in Tsscom's Proposal/Quotation or Bill/Invoice.

Contract" means a contract for sale by Tsscom to the Customer of the products and/or services incorporating the Terms and Conditions

Tsscom-branded means computer hardware products that are marked with the "Tsscom" brand, including all standard components thereof, BUT DOES NOT INCLUDE any of the following items:

a.     accessories or parts added to the Tsscom-branded hardware products through Tsscom's Custom Factory Integration Services at Customer's request
b.     accessories or parts that are not installed in the Tsscom factory
c.     software, sound cards, speakers, external devices, accessories or parts added to the Tsscom-branded hardware products after they are shipped from Tsscom
d.     third Party Software and Peripheral products and/or
e.     monitors, keyboards and mice, to the extent that they are not included on Tsscom's standard price list.

Order Confirmation means formal acceptance by Tsscom of the order for Product placed by Customer.

Price means the price as per Tsscom Proposal/Quotation and Order Confirmation and precedence will be given to the latter.

Product(s) means the products as described in Order Confirmation and may include Tsscom-branded products, third party products and Service Offerings

Service Offering(s) means the various service options offered by Tsscom for the Products or any part of them and for varying periods, as described in Tsscom's published literature, including but not limited to Tsscom's Bill/Invoice and/or Tsscom's Service Description.

Third Party Products means products that are NOT Tsscom-branded.


2. CONTRACT FORMATION


2.1     The Contract shall come into existence once the Customer's order has been accepted by Tsscom. The Customer indemnifies that it is buying for not re-sale purposes.

2.2     The Products sold and/or services rendered are subject to these Terms and Conditions only and no other terms and conditions stipulated or referred to by Customer shall be entertained. The Customer acknowledges that they have read and are aware of the contents of and agree to be bound by these Terms and Conditions. Tsscom's acknowledgment of a purchase order or it's failure to object to, varying, conflicting, or additional terms and conditions in a purchase order shall not be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof.


3. PRICE AND PAYMENT


3.1     INSTALLATION FOR PRODUCTS SOLD ONLINE IS CHARGABLE AT ADDITIONAL COST.

3.2     The payment for the Products or services including applicable taxes shall be made in full before physical delivery of products or services, unless credit terms have been expressly agreed to by Tsscom.

3.3     Customer shall pay all country, municipal, government, state and local sales, value added, excise, privilege and similar levies/taxes and any other levies/duties/taxes that may be enforced by the relevant authorities from time to time.

3.4     Customer shall make payment in stipulated time wherever credit is offered in writing by Tsscom. Tsscom reserves the right to levy interest at the rate of 2% per month.



4. TITLE AND RISK


Once the Products are delivered to the Customer, the Title to and risk in the Products shall pass to the Customer. Title to those Products which are software shall be governed by the provisions of the software license.


5. SOFTWARE


5.1     All software provided are subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to agree to such license agreements. Customer acknowledges that Tsscom does not warrant any software under these Terms and Conditions. All software is warranted according to the license agreement that governs its usage.

5.2     All rights, title or interest in respect of the intellectual property rights in the software remain with Tsscom or the licensor of the software at all times.



6. DELIVERY


6.1     Tsscom shall deliver the Products to the place of delivery as per direction given by Customer and agreed to by Tsscom ("Place of Delivery").

6.2    

Tsscom may, at its discretion, deliver the Products in different parts/lots in any sequence. Where the Products are so delivered in different parts/lots, each part/lots shall be deemed to be the subject of a separate contract and no default or failure by Tsscom in respect of any one or more parts shall invalid the Contract in respect of Products previously delivered or undelivered Products.

6.3     Any dates mentioned by Tsscom for the delivery of the Products are approximate only and shall not form part of the Contract. Tsscom shall not be liable for any delay in delivery of the Products and/or services, howsoever caused.

6.4     Tsscom may revise and/or discontinue products at any time without notice as part of Tsscom's policy of on-going product up-date and revision. Revised or updated products will have the functionality and performance of the Products ordered. The Customer accepts that Tsscom's policy may result in differences between the specification of products delivered to the Customer and the specification of Products ordered.



7. PRODUCTS ACCEPTANCE


7.1     Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract if it fails to bring the attention or notifies Tsscom to the contrary on the day of delivery and such notification is confirmed in writing within two days. The Customer shall not be entitled to withhold payment of all or any of the Products whilst any claim is being investigated by Tsscom.




8. WARRANTY


8.1     Tsscom gives warranty to the Customer that Tsscom- branded Products will, from invoice date be free from defects in materials and service affecting normal use for a period of one year.

8.2    

This Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by Tsscom, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; products with missing or altered Service Tags or serial numbers; any attempt by any person other than Tsscom personnel or any person authorised by Tsscom, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Tsscom. The Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is shipped from Tsscom; accessories or parts added to the Product through Tsscom's Customization Process to meet customer request; accessories or parts that are not installed in the Tsscom factory; or Third Party Products purchased.

8.3     Subject to clause 9 below, during the Warranty period beginning on the invoice date, Tsscom will repair or replace Tsscom-branded Products returned to Tsscom's facility. Customer must pay in advance shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. Tsscom will ship the repaired or replacement Products to Customer freight prepaid.

8.4     Tsscom does not give any warranty that the Products are fit for any particular purpose and this Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.

8.5     The Tsscom will not give any warranty for Third Party Products purchased through Tsscom, where such of the Products are covered by a relevant manufacturer's warranty. Such manufacturer's warranty shall be the sole warranty in respect of such Third Party Products. The Customer shall directly approach to the manufacturer of third party product using its warranty for the support of such Third Party Products and in any event not to Tsscom.



9. SERVICE AND TECHNICAL SUPPORT


Tsscom will provide general service and technical support to Customer in accordance with the then-current service and technical support policies in effect. Service and support provided may vary from product to product. If Customer purchases optional services and support as listed on Tsscom's invoice, Tsscom will provide the optional service and support to Customer in accordance with the then-current terms and conditions in the optional service contract between Tsscom and Customer (available upon request) in addition to the Warranty. Tsscom may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. Tsscom shall not liable to provide service or support until Tsscom has received full payment for the Product or service/support contract for which service or support is requested.


10. LIABILITY


10.1     Tsscom shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.

10.2    

To the extent permitted by law and subject to clause 10.6, Tsscom's total liability herein in respect of each event or series of connected events shall not exceed the amount invoiced for the applicable Products and/or services under the Contract.


10.3     The Customer shall indemnify Tsscom and keep Tsscom fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

10.4     To the extent permitted by law Tsscom and Customer agree that Tsscom will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Any service response times stated by Tsscom in service contracts are approximate only. Tsscom shall not be liable to the Customer for a) any incidental, indirect, special or consequential damages, b) loss of opportunity, c) loss of revenue, d) loss of profit or anticipated profit, e) loss of business f) loss of contracts, g) loss of goodwill, h) loss arising out of business interruption,, i) loss arising out of or in connection with pollution or contamination all arising out of or in connection with the purchase, use or performance of Products or services, even if Tsscom has been advised of their possibility.

10.5     To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Tsscom shall be subject to correction without any liability on the part of Tsscom.

10.6     Where under any applicable law, implied conditions and warranties cannot be excluded; Tsscom's liability for breach of such conditions and warranties shall be limited, at Tsscom's option, to:

     
a.     in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent Products; or the payment of the cost of having the Products repaired; OR
b.     in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.



11. FORCE MAJEURE


Any party to the contract shall not be liable for any delay in performing any of its part to the contract under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such part of contract.


12. EXPORT RESTRICTIONS


Each party, at its own expense, will comply with all applicable laws, orders and regulations of any governmental authority with jurisdiction over its activities in connection with these Terms and Conditions and any Contract. Each party will furnish to the other party any information required to enable the other party to comply with applicable laws and regulations related to the Products. Tsscom and Customer acknowledge that Products licensed or sold under any Contract are subject to export control laws and regulations, including those of the countries from which they were supplied and in which they are used and agrees to abide by those laws and regulations. The Products purchased under any Contract may not be sold, leased or otherwise transferred to restricted end-users or to restricted countries. In addition, the Products may not be sold, leased or otherwise transferred to, or utilized by, an end-user engaged in activities related to weapons of mass destruction, including but not necessarily limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. The Customer and Tsscom agree to comply with all applicable export laws, regulations and orders. In addition, each party agrees to indemnify, defend and hold the other harmless from any claims, demands or causes of action against the other due to the indemnifying party's violation or alleged violation of the applicable export laws, regulations and orders.


13. GOVERNING LAW


These Terms and Conditions shall be governed by and construed in accordance with the laws of the Delhi, India and shall be exclusive jurisdiction of the courts of Delhi, India.


14. GENERAL


14.1     The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Tsscom. Any such unauthorized assignment shall be deemed null and void.

14.2    

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.


14.3     No Waiver. Any failure or delay on Tsscom's part in exercising any power or right under this Agreement does not amount as a waiver, or any single act or partial exercise of any power or right does not exclude any other or further exercise, or the exercise of any other power or right.

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