GENERAL TERMS

The Terms and Conditions of Sale confirms and constitutes the contract between VANTECHS Computers Ltd., VANTECHS hereafter, and the Buyer, governs the rights and obligations of the parties notwithstanding any prior coursed of dealing custom or usage of sales, course of performance, prior invoice terms and conditions, purchase orders, contracts and agreements. VANTECHS and Buyer hereby agree to the following:

PAYMENT: Buyer agrees to pay the amount due, in full, according to the terms listed on the front of this invoice. Buyer agrees to pay all shipping and handling costs involving the goods. Post-dated cheques are not an acceptable form of payment. Title of the product(s) shall remain with VANTECHS until full payment has been received.

If Buyer fails to fulfill its payment obligation, then VANTECHS may withhold deliveries and suspend performance, including but not limited to technical assistance, troubleshooting and returns. Buyer understands and agrees to pay (1) a $20.00 fee any time a cheque(s) is returned uncollected for any reason, (2) late charges of .05% per day (18.25 % per year) on any past due balances, and (3) any cost connected to debt collection (including collection agency or insurance costs). VANTECHS shall also be entitled to an extension of time for performance of its obligations equating the period of Buyer's non-fulfillment whether or not VANTECHS elects to suspend performance.

If VANTECHS bring any legal action to enforce this agreement, VANTECHS shall be entitled to recover all reasonable costs and expenses incurred, including but not limited to reasonable attorney fees, suit fees and courts costs.

VANTECHS currently accepts cash, debit, cheque, cashier's cheque or money order as direct forms of payment. The pricing of all parts reflect a 3% prediscount for the above mentioned direct forms of payment. Regular pricing for parts is valid for customer who wishes to pay by Credit Card (Visa/MasterCard/AMEX), Traveler's Cheque or Credit Cheque. The 3% prediscount does not apply to labour charges.

Delivery : It is the sole responsibility of the Buyer to examine the products upon pickup/delivery. Claims for damaged, missing, shortage, or errors must be claimed after two (2) days of pickup/delivery, otherwise the transaction is deemed to be complete. Buyer shall give VANTECHS further reasonable time to cure any mistakes.

LIMITED WARRANTY

THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, OR IMPLIED VANTECHS MAKES NO WARRANTY OF FITNESS FOR A PIRTICULAR PURPOSE OR OF MERCHANTABILITY VANTECHS WARRANTS LIMITED WARRANTY TO THE ORIGINAL PURCHASER A LIMITED WARRANTY TO COVER THE SPECIFIED SYSTEMS OR PRODUCTS SOLD BY VANTECHS. Limited warranty does not cover the following cases: (1) Damages due to abuse, mishandling, misuse, improper services, improper installation, improper packaging by the Buyer, alternation, accident, electrical current fluctuations, failure to follow operating, maintenance, environmental instructions, neglect, shipping, unusual physical or electrical stress, or modified or adjusted or repaired by persons other than VANTECHS' authorized personnel. (2) Parts or services that were not components. (3) Tampered, damaged, or removed serial labels or warning labels. (4) Problems or errors resulting from software. (5) Failure to provide valid VANTECHS purchase invoice.

GOODS MADE BY OTHER MANUFACTURERS ARE SOLD “AS IS” – All goods made by manufacturers, other than VANTECHS may carry a limited warranty as granted by their respective manufacturer. VANTECHS will assist Buyers in obtaining manufacturer warranty service for one year from the invoice date, however, VANTECHS in no way claim responsibility for installation of these components including, but not limited to hardware configuration, software configuration, maintenance, troubleshooting and compatibility between components or their warranties. Retail boxed products solely have manufacturer warranty and do not carry any warranty with VANTECHS. Computer accessories have a thirty (30) day warranty. Monitors also carry the manufacturer's warranty. In case of “dead pixels”, VANTECHS will not be responsible for accepting a refund/exchange of the monitor. It is up to the manufacturer to RMA the monitor with dead pixels or other problems.

SOFTWARE: VANTECHS provides free labour to load the licensed operating system that was purchased with the system before pickup at the time of purchase. Any other software reinstallation is subjected to current service charges. VANTECHS is not responsible for any loss of data or any indirect, or consequential damages or losses during loading even if VANTECHS has been advised on the possibility of such damages or losses. At any time, VANTECHS is not responsible for software errors or problems; service charges will be applied for systems that require software troubleshooting or configuration.

ONE YEAR LIMITED SYSTEM WARRANTY: VANTECHS warrants the specified system, excluding software, documentation, and similar items will be free of defects in workmanship and materials for a period of one year from the date of purchase. This warranty is available by drop-off at VanTechs or shipping with insurance to VanTechs head office; please read further for available optional warranty. During this period, at VANTECHS' option, defective goods may be repaired or replaced. If VANTECHS is unable to repair or replace a defective good because it is discontinued or obsolete, then VANTECHS will credit the Buyer the value of the goods based on the current list price at the date goods were received for RMA service. Any replacement is warranted only for the remainder of the warranty period applicable to the product it replaces. This limited warranty applies only to the Buyer and is neither assignable nor transferable. All used systems/parts have a 90 Days Warranty by VANTECHS unless otherwise stated on the sales invoice of the used product.

OPTIONAL SYSTEM WARRANTY: Please ask us for the purchase of optional extended Warranty or optional On-Site Warranty. For the optional On-Site Warranty, VANTECHS shall provide replacement of the defective hardware on condition that the new hardware is purchased from VANTECHS. This labour warranty includes hardware troubleshooting, however does not apply to the following: (1) hardware installation not found on the original invoice (2) software installation, software troubleshooting, software configuration, or driver installation (3) conflicts due to components installed into system not part of the original invoice.

CCTV WARRANTY: VANTECHS warrants the CCTV systems and parts for one year. All CCTV Surveillance installations have a 3 months labour warranty. The labour warranty may be extended to a total of one year at 10% of total labour charges. This will cover installation of all parts including DVR, cameras and other surveillance related products that were installed by VANTECHS.

SERVICE POLICIES

Warranty service is provided only to the original purchaser with original invoice and documentation. This warranty service is not transferable and does not apply to any promotions co-injunction with this service. At any time, VANTECHS is not responsible for any lost data. It is solely the Buyer's responsibility to back up the data prior to service. VANTECHS technicians cannot backup any data within the system or hard-drive(s) unless otherwise specified by customer and only then at an extra charge. All warranty service will take a minimum of five (5) days with the date of the system received by VANTECHS. Immediate service is subjected to special charges as deemed by the technician in charge. All service charges, costs of shipping and insurance are non refundable.

RETURNS AND EXCHANGE POLICY

Systems and parts can be returned for credit within seven (7) days from the original date of purchase. Return and exchange policy is valid as long as the following conditions are met: (1) All returns and exchanges require its original invoice. (2) System and components may be returned if its original packaging is unopened and all original manuals, accessories, drivers, software, demonstration products, and documentations are present. (3) Original seal products must be opened. It will be considered used and cannot be returned. Retail boxed components have warranty with its original manufacturer. (4) It is not the responsibility of VANTECHS or its technicians to uninstall components from systems if invoice does not show any previous installation charges. (5) It is the duty of the Buyer to prepay the shipping and costs including insurance for the return of the system and/or parts. Products via collect will not be accepted. All products delivered and/or installed at the buyer's site are under the same conditions above as well as all parts will have to be uninstalled with care and returned to VANTECHS. Otherwise VANTECHS will uninstall them and labor charges will apply for the time spent for removal of parts.

EXCHANGE

Exchange is only valid providing the component is found to be defective. Exchange for the exact component is valid only within a period of three (3) days from the date of purchase. Original sealed products cannot be exchanged nor returned. VANTECHS is not responsible for any forms of incompatibility, incorrect installation, incorrect configuration or software set-up that may arise from the purchased product. Such problems that arise will not be considered defective. No exchanges are accepted for open software packages.

RETURNS

All products sold by VANTECHS are non-cash refundable. Credit can be applied only if the following conditions have been met. (a) Components must be returned within seven (7) days from the original invoice date. (b) Products must be free of any defects. (c) Products must be in its original condition, product must be in original packaging. (d) Products must not be special order. (e) A thirty percent (25%) restocking fee will be charged to all returns applied. (f) No refunds are accepted for open software packages.

RETURN MERCHANDISE AUTHORIZATION (RMA) PROCEDURE

If a VANTECHS product is found to be defective after five (5) days of purchase and within warranty, return the component with all the drivers, software, documentation, cables, diskettes, and packaging to VANTECHS. It will be necessary to fill out a RMA form. Be sure to give a full and detailed explanation of defect. Incomplete forms can cause delays in the processing of RMA and/or the right full denial of RMA service. VANTECHS shall reject shipments containing merchandise not originating from VANTECHS and merchandise that is out of warranty. If goods are returned without all original parts or if warranty labels have been tampered with, then VANTECHS reserves the right to return the goods back to the Buyer un-repaired. Also, clearly mark the RMA on any container shipped back for RMA service. VANTECHS shall not be responsible for any losses to shipping or delays in RMA service. Buyer agrees to pay a technician service charge of $40 per hour for RMA goods tested and found without defect. Delays from shipping are not the responsibility of VANTECHS COMPUTERS LTD.

LIMITATION OF LIABILITY

VANTECHS' total liability on any and all claims whether on contract, warranty, tort (including negligence), infringement of proprietary rights, or intellectual properties (patent, trade mark, copy right, trade secret…), or arising out of connected with, or resulting from the performance or non-performance of any agreement resulting here from or from the manufacturer, sale, delivery, resale, repair, replacement or use of any good, or the furnishing of any good, or furnishing of any service shall not exceed the purchase price of the good or service that give rise to the claim. VANTECHS is not liable for any indirect, special, exemplary, punitive, consequential, incidental, indirect damages, loss of profits, loss anticipated profits, goodwill, business opportunities, or harm to reputation, revenue, economic loss, loss of data, loss of use of the product of any associative equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, downtime, spent time, the claims of their parties, injury to property, including but not limited to breach of warranty, breach of contract, tort, negligence, or strict liability and even VANTECHS has been advised of the possibility of such losses or damages regardless of the nature of claim.

MODIFICATIONS

This contract is the complete understanding of the parties and supersedes all prior agreements relating to this sale. This contract cannot be charged, modified, amended, waived, cancelled, or discharged in whole or in part unless so done in writing and signed by both parties. VANTECHS delay or failure to enforce any of its rights here under shall not constitute a waiver.

FORCE MAJEURE

In the event that VANTECHS' performance is prevented or delayed by strikes, riots, lockouts, war, embargoes, or exceptional impediments to transportation, earthquakes, apocalypse, fire, action by federal, provincial, or local government or authority, action by foreign, acts of God, reduction of sources, or supply, or any cause of circumstance, not limited to the above, which is beyond VANTECHS' reasonable control, VANTECHS shall not be held liable for the consequences thereof and the obligation to make delivery shall be suspended while the causes are in effect until the resumption of work after termination of the causes. The foregoing shall apply even though one or more of the causes exist at the time of the order or occurrence after VANTECHS' performance of its obligation is delayed for other causes.

LAW AND JURISDICTION