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Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY.

By accessing or otherwise using this Website ("Website") you agree to be bound by these terms and conditions of use.

Updates to the Terms and Conditions

NXSource may change and update these terms and conditions of use at any time, without prior notice. If you access or use the Website after NXSource posts a change, you accept that change. If you do not accept the change, do not access or use the Website. Please check these terms and conditions of use periodically.

Important Ordering Information

Please allow 1 to 2 business days processing before shipment for any product designated as "In Stock". While NXSource makes every attempt to maintain accurate stock information, NXSource is not responsible for the accuracy of inventory. In the event of a discrepancy regarding availability of a product, NXSource has the right to fully refund a customer for the full purchase price, in lieu of timely delivery of merchandise.

  • NXSource processes and ships Monday to Friday, and is closed on weekends and holidays.
  • No deliveries are made by carriers on weekends or holidays.
  • Deliveries to Post Office Boxes may be shipped by Canada Post only, at our discretion. Please contact your dedicated sales team for arrangement on larger bulk shipments, and for the best freight options.

Prices

Prices shown on the NXSource's site do not include applicable taxes or shipping and handling fees, unless otherwise noted. Prices are in CANADIAN dollars unless otherwise noted. The price charged for an order will be the price in effect at the time the order is made.

Sales and Customer Satisfaction Policy

Products sold by NXSource are covered under our 15-day customer satisfaction policy and a limited 15-day DOA (dead-on-arrival) policy, from the original invoice date, and is subject to the following terms and conditions:

  1. ALL merchandise requires an RMA number (Return Merchandise Authorization) issued by NXSource for return. RMA numbers are valid for 7-days with a small leeway for shipping times. Merchandise returned to us without a valid RMA number will be refused and shipped back to the customer at the customer's expense. Please allow 5 to 10 business days for testing and refunds to be processed.
  2. Returned merchandise must NOT be physically damaged, including damage due to improper installation or overclocking. This includes any physical alteration to the product, modifications not approved by the manufacturer, bent pins, etc. No returns, refunds or exchanges for any special order products, Notebooks, PDAs, Televisions, Retail Box Software, OEM Software, Computer Games, Video Games, DVDs, CDs, or any products marked as "no returns" or carries a similar description on the products' page. All products are eligible for original manufacturer's warranties. Please contact the manufacturer for additional information. All fees, including "shipping and handling", insurance coverage fees, and other service fees are non-refundable.
  3. Unopened merchandise (not including special orders or merchandise labeled "No Returns" or similar language) can be returned within 15 days (based on the current market price of the product, if the current market price is lower) for a full refund less shipping, insurance and handling charges.
  4. Opened merchandise WITHOUT original packaging or materials is not eligible for return. Opened merchandise WITH original packaging and materials may be eligible for return within our 15-day satisfaction policy and will be subject to a 15% restocking fee. Returns MUST include all original parts and packing materials and a NXSource RMA number, or the return will be rejected. NXSource reserves the right to refuse any returns or refunds for merchandise.
  5. LCD monitors and other products with LCD displays (i.e.: notebooks, cameras, etc.) adheres to the dead-pixel policy that been established by most of the manufacturers. Any product with an LCD screen must be a minimum of 7 (seven) dead LCD pixels to be considered defective. Please contact the manufacturer of the product for additional warranty information if you receive a product with less than 7 dead pixels.

All product warranty coverage after 30-days will be handled by the product manufacturer. NXSource reserves the right to refuse any returns or refunds for merchandise.

For DOA (dead-on-arrival) returns, the 15% restocking fee may be waived at the sole discretion of NXSource after verification of the product condition.

Shipping & Possible Risks During Shipping

When products are shipped to you by common carrier, NXSource's liability to you for breakage and/or non-delivery of the products by the common carrier to you will be limited by the limits of liability provided by the common carrier's terms and conditions of carriage. You may wish to purchase insurance from loss or breakage during carriage for full insurable value of the products you have ordered by making the appropriate requests when placing your order with NXSource. Please ask your dedicated sales team about insurance options.

Taxes

NXSource charges GST (Good and Service Tax) to all customers in Canada, HST (Harmonized Sales Tax) to applicable provinces and territories, and PST (Provincial Sales Tax) to orders shipped within British Columbia. Companies with PST exemption numbers, please contact your dedicated sales team to set up appropriate exemptions for your account.

Regional Recycling Fees

Provinces and territories where recycling or environmental fees are collected will be charged at the time of purchase.

Terms of Purchase

NXSource is a reseller/distributor only. Products sold are not manufactured by NXSource. NXSource makes no representation or warranty with respect to the products except those stated in this document. NXSource disclaims all other warranties, express or implied, as to any such product, including and without limitation, the implied warranties of merchantability and fitness for a particular purpose, and any implied warranties arising from statute, trade usage, course of dealing, or course of performance.

You ("the Customer") and NXSource agree that these Terms and Conditions are the sole terms and conditions governing the sales transaction between the Customer and NXSource. Any attempt to alter, supplement, modify or amend these Terms and Conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these Terms and Conditions are subject to change at any time, without prior written notice. Therefore, please check these Terms and Conditions carefully each time you place an order with NXSource.

Limitation of Liability

NXSource will not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if NXSource has been advised of the possibility of such damages.

Title

Title to hardware products and to the media in which software products are embodied passes to the Customer upon shipment by NXSource. Title to software remains with the licensor of the software.

Interpretation

These Terms and Conditions shall be interpreted under and governed by the laws of British Columbia, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of these Terms and Conditions.

Arbitration

All dispute, controversy, or claim against NXSource arising out of or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau (BBB).

The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and NXSource.

The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.

The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or in damages, or attorney's fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator's fees, if any) in the proportion that the final award bears to the amount of the initial claim.

Severability

If any provision of these Terms and Conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

The Terms and Conditions stated herein are declared to be Severable.

Accuracy of Information, Disclaimer of Warranty, and Typographical Errors

NXSource has made every effort to present the content on the Website accurately, but additions, deletions and changes may occur. Content on the Website is provided “as is”; neither NXSource nor its representatives make any representation or warranty with respect to the content.

NXSource and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the Website or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, non infringement, or fitness for any particular purpose.

In the event that a NXSource product is mistakenly listed at an incorrect price, NXSource reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. NXSource reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your account or credit card has been charged. If your account or credit card has already been charged for the purchase and your order is cancelled, NXSource shall issue a credit to your account or credit card account in the amount of the incorrect price. Problems with NXSource's site can be reported to us by sending us a message through our online ticketing and support system.

Access and Use

NXSource grants you a limited license to access and use the Website, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the Website, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all copies in your possession.

Unauthorized use of the Website or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Restrictions on Use of the Website

Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Website or its content in any form without NXSource's prior written permission.

The following activities are also expressly prohibited without NXSource's prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Website or any of its content; "mirroring" or "framing" the Website or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Website or otherwise interferes with its functioning.

Posting and Transmitting to the Website

Except for information that is subject to the NXSource Privacy Policy, NXSource will not treat information you post or transmit to the Website as confidential or proprietary. By sending information to NXSource through the Website (by transmitting, posting, or otherwise), you agree that NXSource may use that information in any way, for any purpose, including NXSource’s own commercial purposes, subject only to the NXSource Privacy Policy.

You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. NXSource reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.

 Limitations of Liabilities

Under no circumstances will NXSource or its affiliates have any liability with respect to any claims or damages (whether or in, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Website or its content, even if they have been advised of the possibility of such damages. You access and use this Website at your own risk.

Links to Third Party Websites

NXSource does not review or control third party Websites that link to or from the Website, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.

Ownership and Copyright

The material provided on this Website is protected by law, including, but not limited to, Canadian copyright law and international treaties. The copyright in the content of the Website is owned by NXSource or others. Except for the limited rights granted above, all other rights are reserved.

All trademarks are the property of their respective owners. Some images are courtesy of manufacturers.

Privacy Policy

Please review the NXSource Privacy Policy, which also governs your visit to this Website.

Version: 1.0 - Updated December 1, 2006