No warranties

This website is provided “as is” without any representations or warranties, express or implied. newPCgadgets makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, newPCgadgets does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.



Limitations of liability

newPCgadgets will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if newPCgadgets has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit NEWPCGadgets’ liability in respect of any:

  • death or personal injury caused by newPCgadgets’ negligence;
  • fraud or fraudulent misrepresentation on the part of newPCgadgets; or
  • matter which it would be illegal or unlawful for newPCgadgets to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, newPCgadgets has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against newPCgadgets officers, employees or owners in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect newPCgadgets’ officers, employees, agents, sub-contractors, and owners, as well as newPCgadgets.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.


This website disclaimer This website disclaimer was created using a contractology.com template that is distributed by freenetlaw.com.

 

LIMITED WARRANTY. NEWNEWPCGADGETS WARRANTS PRODUCTS SOLD BY IT TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR THIRTY (3O) DAYS FOLLOWING THE DATE OF SHIPMENT. IF ANY PRODUCTS ARE FOUND BY THE BUYER TO BE DEFECTIVE, SUCH PRODUCTS WILL, AT NEWPCGADGETS’ OPTION, BE REPLACED OR REPAIRED AT NEWPCGADGETS’ COST. BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST NEWPCGADGETS SHALL BE FOR THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS AS PROVIDED HEREIN. THE SOLE PURPOSE OF THE STIPULATED EXCLUSIVE REMEDY SHALL BE TO PROVIDE BUYER WITH FREE REPAIR AND REPLACEMENT OF DEFECTIVE PRODUCTS IN THE MANNER PROVIDED HEREIN. THE EXCLUSIVE REMEDY SHALL NOT BE DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE SO LONG AS NEWPCGADGETS IS WILLING AND ABLE TO REPAIR OR REPLACE DEFECTIVE GOODS IN THE PRESCRIBED MANNER. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE NOT EXPRESSLY SET FORTH HEREIN. NO AFFIRMATION OF NEWPCGADGETS, BY WORDS OR ACTION, OTHER THAN AS SET FORTH IN THIS PARAGRAPH SHALL CONSTITUTE A WARRANTY. PRODUCTS WHICH MAY BE SOLD BY NEWPCGADGETS BUT WHICH ARE NOT MANUFACTURED BY NEWPCGADGETS ARE NOT WARRANTED BY NEWPCGADGETS, BUT ARE SOLD ONLY WITH THE WARRANTIES, IF ANY, OF THE MANUFACTURERS THEREOF. THIS WARRANTY DOES NOT COVER LABOR OR OTHER COSTS OR EXPENSES TO REMOVE OR INSTALL ANY DEFECTIVE, REPAIRED OR REPLACED GOODS. NEWPCGADGETS’ WARRANTY DOES NOT APPLY TO ANY PRODUCTS WHICH HAVE BEEN SUBJECTED TO MISUSE, MISHANDLING, MISAPPLICATION, NEGLECT (INCLUDING BUT NOT LIMITED TO IMPROPER MAINTENANCE), ACCIDENT, IMPROPER INSTALLATION, MODIFICATION (INCLUDING BUT NOT LIMITED TO USE OF UNAUTHORIZED PARTS OR ATTACHMENTS), OR ADJUSTMENT OR REPAIR PERFORMED BY ANYONE OTHER THAN NEWPCGADGETS.

SUBMISSION OF WARRANTY CLAIM. ANY CLAIM BY BUYER WITH REFERENCE TO THE PRODUCTS SOLD HEREUNDER SHALL BE DEEMED WAIVED BY BUYER UNLESS SUBMITTED IN WRITING TO NEWPCGADGETS WITHIN THIRTY (30) DAYS FOLLOWING THE DATE OF SHIPMENT. ANY CAUSE OF ACTION FOR BREACH OF THE FOREGOING WARRANTY SHALL BE BROUGHT WITHIN SIX (6) MONTHS FROM THE DATE THE ALLEGED BREACH WAS DISCOVERED OR SHOULD HAVE BEEN DISCOVERED, WHICHEVER OCCURS FIRST.

LIMITATION OF LIABILITY. NEWPCGADGETS’ LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR STRICT LIABILITY) FOR ITS PRODUCTS SHALL BE LIMITED TO REPAIRING OR REPLACING PRODUCTS FOUND BY NEWPCGADGETS TO BE DEFECTIVE, OR AT NEWPCGADGETS’S OPTION, TO REFUNDING THE PURCHASE PRICE OF SUCH PRODUCTS. AT NEWPCGADGETS’ REQUEST, BUYER WILL SEND, AT BUYER’S SOLE EXPENSE, ANY ALLEGEDLY DEFECTIVE PRODCUTS TO NEWPCGADGETS.

DISCLAIM OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL NEWPCGADGETS BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS WARRANTY, INCLUDING WITHOUT LIMITATION BREACH OF ANY OBLIGATION IMPOSED ON NEWPCGADGETS HEREUNDER OR IN CONNECTION THEREWITH. CONSEQUENTIAL DAMAGES FOR PURPOSES HEREOF SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES TO PERSONAL PROPERTY (INCLUDING WITHOUT LIMITATION PROPERTY USED IN CONNECTION WITH ANY PRODUCTS), LOSS OF USE, INCOME OR PROFIT, OR LOSSES SUSTAINED AS THE RESULT OF INJURY (INCLUDING DEATH) TO ANY PERSON.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.