TERMS & CONDITIONS
Last Modified: June 24, 2019
- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PARTS FROM OUR WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PARTS FROM OUR WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TECHNOLOGY RESOURCE ADVISORS, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR WEBSITE OR ANY OF OUR WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (“Terms“) apply to the purchase and sale of Parts through www.chromecareparts.com (“Website“). These Terms are subject to change by Technology Resource Advisors, Inc. (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on our Website. You should review these Terms prior to purchasing any Parts that are available through our Website. Your continued use of our Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all Parts listed in your order. All orders must be accepted by us or we will not be obligated to sell the Part to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
- Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on our Website are subject to change without notice. The price charged for a Part will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer from time to time promotions on our Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. All purchases must be made using an Educational Purchase Order. You represent and warrant that (i) the information you supply to us is true, correct and complete, (ii) you are duly authorized to submit a purchase order to us, and (iii) the institution you represent will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on our Website at the time of your order.
- Shipments; Delivery; Title and Risk of Loss.
(a)We will arrange for shipment of the Part to you. Please check the individual Part page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process, except as provided below. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(i)We offer free standard (non-expedited) shipping to the continental United States on all orders totaling in excess of $100.00 (One Hundred U.S. Dollars).
(b)Title and risk of loss pass to you upon our transfer of the Part to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds.
Except for any Parts that have been used, or designated on our Website as final sale or non-returnable, we will accept returns for Parts received by us within 30 days of the invoice date. Store credit will be provided for opened items returned within this 30-day time period, less the original shipping and handling costs. A full refund, credited to the same payment method used to make the original purchase, will be provided for unopened items returned within the 30-day time period, less the original shipping and handling costs. Return requests on unopened items that are made outside the 30-day window may be approved, at our sole discretion, and will be credited less the original shipping and handling costs and a 20% restocking fee.
You are responsible for return shipping and handling costs, unless an incorrect item was shipped by us. If we shipped an incorrect item, we will provide a return shipping label to you at our expense.
All return requests are handled via a Return Merchandise Authorization (“RMA“) form. Go to My Account / View Orders to view your completed order. Once viewing the order, click on “Request a Refund” to generate the RMA form.
You bear the risk of loss during shipment of returns to us. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
For LCDs, motherboard, and wireless NICs claimed to be defective, please refer to the seller’s warranty (see Section 6) included with the Part or as detailed in the Part’s description on our Website.
- Seller’s Warranty and Disclaimers
FULL “LIFETIME” WARRANTY ON CHROMEBOOK PARTS
Technology Resource Advisors, Inc. (“Warrantor“), whose address is Technology Resource Advisors, Inc., 5403 North 118th Court, Milwaukee, Wisconsin 53225 warrants that the Parts described in this warranty are free from defects in workmanship and materials.
(a) WHO MAY USE THIS WARRANTY
This warranty extends to the original purchaser of the Part warranted under this warranty and to each transferee of the Part during the term of the warranty (each, a “Consumer“).
(b) WHAT IS COVERED IN THIS WARRANTY
This warranty covers select Chromebook parts for sale on our Website. This Warranty extends exclusively to all LCD, motherboard, and wireless NIC Parts (“Part“). All other parts we offer on our Website are non-mechanical and fall under our standard return policy (see Section 5).
(c) HOW LONG DOES THIS WARRANTY LAST
The term of this warranty begins on the date the Part is delivered to the original purchaser and continues for the LIFETIME OF THE PART. AS USED IN THIS WARRANTY, LIFETIME IS DEFINED AS 5 YEARS.
(d) WHAT WILL THE WARRANTOR DO UNDER THIS WARRANTY
In the event of a defect, malfunction, or other failure of the Parts not caused by any misuse or damage to the Parts while in the Consumer’s possession, the Warrantor will remedy the failure or defect, without charge to the Consumer, within 45 days. The Warrantor can choose either to:
- Repair the Parts.
- Replace the Parts.
- Refund the purchase price.
However, the Warrantor will not elect refund unless it is unable to provide replacement and repair is not commercially practicable and cannot be made within the time for performance, or unless the consumer is willing to accept the refund.
If the Part still contains a defect or malfunction after a reasonable number of attempts by the Warrantor to remedy the defect or malfunction, the Consumer is entitled to either a refund of the purchase price or a replacement of the Part without charge.
(e) WHAT ARE THE WARRANTY’S EXCLUSIONS AND LIMITATIONS
This warranty does not cover damage caused by misuse, abuse, or accident such as:
- The Part, if its serial number is defaced or missing.
- Damage to the Part caused by the consumer’s or another party’s:
- Using incorrect line voltages or fuses in connection with the Part.
- Failing to follow the operating instructions for the Part or the device in which the Part is or was installed.
- Incorrect installation of the Part.
- Damage caused by fire, flood, “Acts of God,” or other events beyond the warrantor’s control.
- Intentional damage or negligent handling or use by the original purchaser or any transferee.
FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS PART, THE CONSUMER IS LIMITED AS TO THE FOLLOWING DAMAGES:
- THIS WARRANTY DOES NOT COVER INCIDENTAL DAMAGES, WHICH CAN INCLUDE THE COSTS A CONSUMER INCURS WHILE TRYING TO USE THE WARRANTY, FOR EXAMPLE:
- TELEPHONE CHARGES;
- TRANSPORTATION OR SHIPPING COSTS;
- TIME LOST FROM WORK; AND
- THE COST OF RENTING A TEMPORARY REPLACEMENT PRODUCT
- THIS WARRANTY DOES NOT COVER CONSEQUENTIAL DAMAGES, WHICH CAN INCLUDE THE COSTS OF REPAIRING OR REPLACING OTHER PROPERTY THAT IS DAMAGED BECAUSE OF THE DEFECTIVE, WARRANTED PART.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
(f) HOW CAN THE CONSUMER REQUEST SERVICE UNDER THIS WARRANTY
To obtain service under this warranty, use a Return Merchandise Authorization (“RMA“) form. Go to My Account / View Orders to view your completed order. Once viewing the order, click on “Request a Refund” to generate the RMA form.
Technology Resource Advisors, Inc. will provide a shipping label for return to us.
The consumer is responsible for shipping material and packing the unit for safe delivery.
Repairs or replacements will be performed at the discretion of Technology Resource Advisors, Inc.
Replacement Parts will be, at Technology Resource Advisors, Inc.’s sole discretion, new, rebuilt, or non-original manufacturer’s parts that perform to the factory specifications of the Part. Technological advances may result in a replacement Part or product with a lower selling price than the original Part.
If we determine, in our sole discretion, that your Part cannot be repaired, we will replace it with a new or refurbished part of like kind and quality that is of comparable performance, at our sole discretion, equal to the current market value of the Part, as determined by us, not to exceed the original purchase price of the Part.
(g) WHAT CAN THE CONSUMER DO IN CASE OF A DISPUTE WITH THE WARRANTOR
All disputes between Technology Resource Advisors, Inc. and the Customer, including disputes under or otherwise concerning this warranty, which they cannot settle through discussions and negotiations shall be settled by arbitration, as provided in Section 15 of this policy.
(h) HOW DOES STATE LAW APPLY TO THIS WARRANTY
This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
- Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PART YOU HAVE ORDERED THROUGH OUR WEBSITE.
The limitation of liability set forth above shall only apply to the extent permitted by law.
- Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law, Jurisdiction, and Venue.
Our Website is operated from the United States. All matters arising out of or related to these Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin. With regard to any dispute which is not settled by arbitration, the parties hereto agree that the courts of the State of Wisconsin or the courts of the United States of America shall have jurisdiction. The parties further agree that venue for any such suit, action, or proceeding shall be proper in Milwaukee County, Wisconsin with regard to a suit, action, or proceeding brought in a state court and the United States District Court for the Eastern District of Wisconsin with regard to a suit, action, or proceeding brought in a federal court.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Technology Resource Advisors, Inc.
- Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any Person other than you and your respective successors and permitted assigns, including transferees under the Warranty terms during the life of the warranty.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to our Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Technology Resource Advisors, Inc., 5403 North 118th Court, Milwaukee, Wisconsin 53225. We may update the address for notices to us by posting a notice on our Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
PLEASE READ THIS PROVISION OF THE TERMS CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED IN THIS PROVISION, OR OTHERWISE FALL UNDER AN EXCEPTION AS DESCRIBED BELOW, THIS PROVISION WILL APPLY TO YOU. THIS SECTION PROVIDES THAT REWARDS DISPUTES MAY BE RESOLVED BY EITHER YOU OR US THROUGH BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL OR INITIATE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY. ARBITRATION PROCEDURES CAN BE SIMPLER AND MORE LIMITED THAN IN COURT. THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT (FAA), AND SHALL BE INTERPRETED IN THE BROADEST WAY THE LAW WILL ALLOW.
Any dispute between Technology Resource Advisors, Inc. and the Customer, which they cannot settle through discussions and negotiations shall be settled by arbitration in Milwaukee, Wisconsin, by a single arbitrator mutually agreed upon. The arbitration shall be conducted in accordance with the current Commercial Arbitration Rules of the American Arbitration Association (AAA), but the arbitrator need not be associated with the AAA. If parties cannot agree on an arbitrator, the AAA shall appoint one. The parties shall split the arbitrator’s fees and expenses. Any award rendered in the arbitration shall be final and conclusive upon the parties, and a judgment may be entered in any court having jurisdiction.
You may elect to pursue your claim in small-claims court rather than arbitration by sending us a written REJECTION NOTICE to us at Technology Resource Advisors, Inc., 5403 North 118th Court, Milwaukee, Wisconsin 53225. To be valid, your rejection notice must be received by us within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR TECHNOLOGY RESOURCE ADVISORS, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Entire Agreement.