These Terms and Conditions apply to the purchase of any products from Actineon Inc. (HELIUM PC) or any of its subsidiaries. By placing an order, you agree to be bound by the following terms and conditions. Any attempt to change or supplement this document will be null and void, unless otherwise agreed to in a written agreement by both you and HELIUM PC. The terms and conditions are subject to change without prior written notice at any time at HELIUM PC's sole discretion. The section headings below are for reference only. If any term is found to be unenforceable, the remaining terms shall not be affected.
- "HELIUM","HELIUMPC", "HELIUM GAMING", "we","us" and/or "our" mean: Actineon Inc.
- "You" or "your"mean: the individual or organization on the invoice.
Advertised prices are in U.S. dollars and unless otherwise noted, exclude shipping, handling and any taxes that may be imposed where you reside. Terms of payment are within HELIUM PC's sole discretion, and unless otherwise agreed to in writing by HELIUM PC, payment must be received by HELIUM PC before HELIUM PC's acceptance of an order. HELIUM PC may invoice parts of an order separately. HELIUM PC is not responsible for pricing, typographical or other errors in any offer by HELIUM PC and we reserve the unilateral right to cancel any orders resulting from such errors.
Shipping and Risk:
Title and risk of loss to all products will pass to customer upon shipment from HELIUM PC’s shipping location, to the extent permitted by law. For all products damaged or lost in transit, please notify us within five (5) business days from receiving damaged products, a short shipment, or not receiving an expected order, and we will work with you to resolve any issues. All HELIUM PC shipments will require signature from receiver at time of delivery. Shipping dates are estimates.
You may cancel your purchase at any time before shipment. Please contact please contact your customer service team at firstname.lastname@example.org.
Limitation of Liability:
HELIUM PC does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use, for corrupted or lost data/software. HELIUM PC will not be liable for lost profits, physical injury, loss of business or other special, indirect or punitive damages, even if informed of the possibility of such damages, or for any claim by a third party. You agree that for any liability related to the purchase of products or services, HELIUM PC is not responsible for any amount of damages above the original dollar amount you paid for the purchase.
All software provided is subject to the license agreement that is part of the package you receive from HELIUM PC. You agree to be bound by the license agreement once the package is opened or its seal is broken. Title to software remains with the licensor of the software. HELIUM PC does not warrant any software.
HELIUM PC continually upgrades and revises its offerings. HELIUM PC may revise and discontinue products at any time without prior notice to customers. HELIUM PC will ship products that have equal or better functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building HELIUM PC products are selected from new parts. Spare parts may be new or like-new.
Not for Resale:
You agree that you are buying HELIUM PC products for your own use and not for resale. This restriction does not apply if you are a reseller who has met HELIUM PC’s requirements for resale and have provided all written documentation before time of purchase.
This Agreement and any sales hereunder shall be governed by the laws of the state of California.
You will not register or use any Internet domain name that contains a HELIUM PC trademark or trade name in whole or part or any other name that is confusingly similar.
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Please make sure to back up the data on storage drive(s) and any other storage device(s) in the product(s) before you ship product to us or before you replace a part. Remove any confidential or personal information and removable media such as CDs or DVDs. HELIUM PC is not responsible for any of your confidential or personal information; lost or corrupted data; or damaged or lost removable media.
If it is determined that the issue with the product is not covered by the warranty or if there was no issue found, HELIUM PC will inform you of alternative solutions that may be available to you. Customers will be responsible for return shipment if there was no issue found. Also, please note that any returned product that is deemed to be a biological hazard will be returned to sender. No service will be performed.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.HELIUM PC'S RESPONSIBILITY FOR DEFECTS IN HELIUM PC HARDWARE IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE HELIUM PC WARRANTY. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THE WARRANTY PERIOD REFLECTED ON YOUR PACKING SLIP OR INVOICE. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE WARRANTY PERIOD HAS EXPIRED. MOREOVER, THE MAXIMUM LIABILITY HELIUM PC CAN OWE YOU, OR YOU CANOWE HELIUM PC, UNDER THIS AGREEMENT IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES AS ALLOWED UNDER THE APPLICABLE LAW. HELIUM PCWILL NOT BE LIABLE TO YOU, NOR WILL YOU BE LIABLE TO HELIUM PC, FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS,"DOWN TIME", PURCHASER'S TIME, LOSS OF USE OF RELATED EQUIPMENT, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED.