TERMS and CONDITIONS

The following terms and conditions relate to all visitors, users, and customers of this website. Any questions regarding this policy should be directed here.

1. Definitions

1.1 In the following terms and conditions:

"Recovery-Disks.com" means -

Recovery-Disks.com Inc.,
6715 NE 63rd. St.
Suite 507
Vancouver, WA 98661
Toll-Free - 1.800.896.2363

"Agreement" means the agreement, however made, for the supply of Products and or Services by Recovery-Disks.com Inc., to the customer.

"Customer" means the party to whom Recovery-Disks.com has agreed to provide the Products and or Services including its employees agents and servants.

"Products" means any equipment purchased by the Customer including hardware, software and any other material supplied by Recovery-Disks.com Inc.,

"Service/s" means the Service or Services supplied or to be supplied by Recovery-Disks.com to the customer under a Hardware Maintenance Agreement.

2. Terms and Conditions

2.1 These Terms and Conditions of Sale shall be incorporated into all Contracts of Sale made by Recovery-Disks.com Inc., for the sale of any Products or Services. Any printed or other terms or conditions used by the Customer are excluded and Recovery-Disks.com, Inc., shall not be bound by any terms or conditions in the Customer's order. If the Customer's order contains any terms and conditions then these Terms and Conditions of Sale shall take precedence over such terms and conditions in the Customer's order which shall be deemed deleted without notice.

2.2 The employees of Recovery-Disks.com Inc., are not authorized to make oral representations as to the description quality or fitness for any particular purpose of the Products or Services supplied under the Agreement. If a representation is made or an opinion expressed orally which materially affects the Customer's decision to purchase the Products or Services, the Customer must ensure that any such details are confirmed in writing by a Quality Control Officer of Recovery-Disks.com Inc., so as to form part of this Agreement otherwise no liability can be accepted.

2.3 All descriptions and other information contained in sales literature advertisements and quotations may include information received from Recovery-Disks.com, Inc., suppliers and agents and Recovery-Disks.com, Inc., cannot be held responsible for any inaccuracy in their information passed on in good faith.

2.4 Any typographical clerical or other error or omission in any sales literature advertisements quotations price lists acceptance of offer invoices delivery note or any other document or information issued by Recovery-Disks.com, Inc., shall be subject to correction without any liability on the part of Recovery-Disks.com, Inc.

2.5 Acceptance of delivery of the Products and/or Services shall be deemed conclusive evidence of the Customer's acceptance of these Conditions.

3. Price

3.1 Recovery-Disks.com sales literature, price lists, other advertising literature or other material do not constitute an offer unless expressed in a fixed quotation open for a specific period and Recovery-Disks.com, reserves the right to withdraw or revise the same at any time prior to the Agreement.

3.2 Unless otherwise expressly provided the price is exclusive of:-

3.2.1 maintenance installation training traveling hotel expenses or any other expense

3.2.2 Value Added Tax and any other United States tax or duty payable.

3.2.3 Customs and Excise duties, import or export duties and all other taxes, tariffs and surcharges of any nature imposed or levied in any country or territory.

and the value of any such items shall be added to the Price paid by the Customer with the costs referred to in subclause 3.2.1 of this clause charged at Recovery-Disks.com standard charges from time to time in force.

3.3 Where the Products and Services are not paid for in full at the time the Customer enters into the Agreement or unless expressly provided in writing payment for the Products and Services shall be due in full without set-off or deduction within seven days of Recovery-Disks.com invoice.

3.4 Where payment becomes overdue (and without prejudice to the rights which Recovery-Disks.com may have) Recovery-Disks.com shall be entitled to charge interest at the rate of 3% per month over the Base Rate of HSBC Bank Plc from time to time in force on a daily basis to be liable from the due date for payment thereof until receipt by Recovery-Disks.com of the full amount whether before or after Judgment.

3.5 If it is agreed that the Price shall be payable by installments, in the event of a failure by the Customer to pay any installment on the due date the whole of the balance of the price shall become due and payable forthwith.

3.6 In the case of death, permanent incapacity, bankruptcy or insolvency of the Customer or when the Customer is a limited company in the case of a liquidation or the appointment of a receiver, the outstanding balance of the purchase price of all Products and Services invoiced and for delivery by Recovery-Disks.com to the Customer prior to the date of the relevant event shall immediately become due and payable from the Customer to Recovery-Disks.com.

3.7 On the happening of any events in the sub clauses 3.5 or 3.6 above Recovery-Disks.com (in addition and without prejudice to its other rights referred to in this clause) will have the right to cancel every contract made with the Customer and/or to suspend or continue delivery of the Products or Services at Recovery-Disks.com option without prejudice to Recovery-Disks.com right to recover damages for any loss sustained by them.

3.8 Any discounts agreed by Recovery-Disks.com and the Customer shall cease to apply if there is any default by the Customer of the specific terms agreed. The Customer accepts that any such default on his part or in the event of collection being ordered by a Court, the full amount of the contract price will be payable by the Customer to Recovery-Disks.com.

4. Availability and Delivery

4.1 Acceptance and completion of an order is subject always to the Products and/or Services which have been ordered being available and Recovery-Disks.com shall be under no liability for delay or non-performance caused either by the products being not available or by any circumstances beyond Recovery-Disks.com control.

4.2 Time of delivery of the Products or Services is not to be the essence of any Agreement. Any date for delivery given by Recovery-Disks.com is the best estimate that can be made and Recovery-Disks.com shall not be liable for any loss or damage (whether direct or consequential) caused by delivery being after the quoted date. Any delay in delivery cannot be used by the Customer as grounds for the cancellation of the Agreement.

4.3 Where Products and/or Services contracted for are delivered in installments each delivery shall be deemed to be the subject of a separate enforceable Agreement.

5. Risk

5.1 Products and/or Services are the subject of any Agreement by Recovery-Disks.com to sell shall be at the risk of the intending Customer as soon as they are delivered by Recovery-Disks.com to the Customer at Recovery-Disks.com premises the Customer's vehicles or premises or otherwise to the Customer's order.

5.2 The intending Customer acknowledges that the Customer is in possession of Products or Services solely as bailee for Recovery-Disks.com until such time as the full Price thereof is paid to Recovery-Disks.com and until the price is paid to Recovery-Disks.com in full the property in the Products and/or Services shall remain the sole and absolute property of Recovery-Disks.com as legal and equitable owner.

5.3 Until such a time as the intending Customer becomes the owner of the Product the Customer will store them on his premises separately from the Customer's own Products or those of any other person and in a manner which makes them readily identifiable as the products of Recovery-Disks.com.

5.4 The intending Customer's right to possession of the Products shall cease if he, not being a company, commits an available act of bankruptcy or if he, being a company, does anything or fails to do anything which would entitle any person to present a Petition for winding-up. Recovery-Disks.com may for the purpose of recovery of its Products enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.

5.5 If Products the property of Recovery-Disks.com are admixed with Products the property of the intending Customer or are processed with or incorporated therein, the produce thereof shall become and/or shall be deemed to be the sole and exclusive property of Recovery-Disks.com. If Products the property of Recovery-Disks.com are admixed with Products the property of any other person other than the intending Customer or are processed with or incorporated therein, the produce thereof shall become or shall be deemed to be owned in common with that other person.

5.6 The intending Customer shall be at liberty to agree to sell on any product produced from or with Recovery-Disks.com Products on the express condition that such an agreement to sell shall take place as agents and bailees for Recovery-Disks.com whether the intending buyer sell on his own account or not and that the entire proceeds therefore are held in trust for Recovery-Disks.com and are not mingled with any other monies and shall at all times be identifiable as Recovery-Disks.com monies.

5.7 At any time after default by the Customer in paying for Products supplied on a demand by Recovery-Disks.com any Products which Recovery-Disks.com has not received payment in full shall be returned to Recovery-Disks.com. The Customer hereby gives a licence to Recovery-Disks.com and its employees agents servants and suppliers to enter on to any premises of the Customer for the purpose of removing any Products in such event.

6. Assignment

The Customer shall not assign his interest in this Agreement

7. Waiver

No waiver or modification of the Terms of this Agreement shall be binding upon Recovery-Disks.com unless made in writing and signed by a Quality Control Officer of Recovery-Disks.com.

8. Faulty Products and Defects

8.1 Recovery-Disks.com will only supply and use materials and products within the scope of published specifications from appropriate manufacturers and suppliers but the Products are supplied subject to any conditions of sale relating thereto by the relevant manufacturer or supplier. Where any materials or products being faulty Recovery-Disks.com liability in respect of such faults will be limited to such amount (if any) as it may be able to recover from the manufacturer or supplier within a period of one year from the date of purchase of the Products from Recovery-Disks.com unless otherwise expressly provided in writing by Recovery-Disks.com.

8.2 Recovery-Disks.com will repair the Products if they become defective within one year of purchase and the repair will include the supply of labour parts and materials provided the Customer at his cost returns the Products to Recovery-Disks.com premises but where such defects arise and are notified to Recovery-Disks.com more than one year but less than three years from the date of purchase Recovery-Disks.com will where the Customer returns the Products at his cost repair the Products provided the cost of the parts and materials are paid by the Customer at the price set out in Recovery-Disks.com's retail price list in force at the date of completion of repairs. Following repair Recovery-Disks.com shall return the Products to the Customer.

8.3 Save as expressly provided in the Agreement no statutory or other warranty condition description or representation of any kind whatsoever on the part of Recovery-Disks.com including (but not limited to) any such as to the merchantability or fitness for any purpose of the products supplied under the Service or the Service is given or to be implied by the Agreement nor is any such warranty description condition or representation to be taken to have been given or implied from anything said or written in negotiations between Recovery-Disks.com and the Customer or their respective representatives prior to this Agreement.

8.4 Save as aforesaid Recovery-Disks.com shall be under no liability whatsoever to the Customer howsoever arising including but not limited to liability arising from Recovery-Disks.com negligence or that or any person for whom Recovery-Disks.com is vicariously liable.

8.5 Recovery-Disks.com shall have no liability for destruction or damage to the Customer's data howsoever arising including defects in the Products and for repair or Service undertaken by Recovery-Disks.com.

9. Indemnity

9.1 The Customer agrees to indemnify Recovery-Disks.com against any damages losses costs claims or expenses incurred by Recovery-Disks.com in respect of any claim brought against Recovery-Disks.com by any third party for

9.1.1 any loss injury or damage wholly or partly caused by the Products or its use

9.1.2 any loss injury or damage in any way connected with the performance of this Agreement

10. Intellectual Property

The Customer is responsible for ensuring that the software is suited to the Customers intended purpose notwithstanding any information which may have been given to the Customer by Recovery-Disks.com in connection with any software purchased by the Customer for use with the Products. It is the responsibility of the Customer to ensure that the terms of any licence required to operate the software are satisfactory and the purchase and use thereof by the Customer is subject to the terms and conditions (if any) of the software supplier or any party who has any property rights attaching thereto.

11. Export Limitation

Having regard to the current statutory or other United States government regulations in force from time to time and in the case of products manufactured in the United States of America to the current export rules and regulations of the United States Department of Commerce in force from time to time and regardless of any disclosure made by the Customer to Recovery-Disks.com of an ultimate destination for any products, the Customer will not export or re-export directly any products without first obtaining all such written consents or authorizations as may be required by any applicable government regulations.

12. Insolvency of Customer

12.1 This clauses applies where:

12.1.1 The Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction)

12.1.2 An encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Customer

12.1.3 The Customer ceases or threatens to cease to carry on business

12.1.4 Recovery-Disks.com reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notified the Customer accordingly

12.2 If this clause applies then without prejudice to any other right or remedy available to the Customer Recovery-Disks.com shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Customer and if the Products have been delivered but not paid for the price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.

13. Severability

In the event that any of these Conditions or any part of any of them shall be held to be invalid or unenforceable, such invalidity or maneuverabilities of such condition or part thereof shall not affect the validity and enforceability of all remaining Conditions and parts of Conditions.

14. Software

14.1 Where the Products include software and the Customer has been furnished with the developer's software licence, the Customer shall once having opened the packaging in which the software and licence is delivered be liable for payment in full to Recovery-Disks.com.

14.2 In the absence of the developer's software licence being furnished, the Customer shall accept a non-exclusive, non-transferable licence to use the software as provided in these Conditions and subject to the further provisions of Condition 15.3 and 15.4

14.3 The Customer shall not copy (other than for normal equipment operation), reproduce, translate, adapt, vary or modify the software or communicate any part of it to a third party without the prior written consent of Recovery-Disks.com.

14.4 The licence granted by Condition 15.2 shall continue until or unless:-

14.4.1 either party gives to the other one month's prior written notice of termination on or before the expiry of which the Buyer shall return or destroy the software as Recovery-Disks.com shall direct which notice may only be given by Recovery-Disks.com if the continued use or possession of the Software by the Customer infringes the developer's third party rights or if Recovery-Disks.com is required to give notice by law

14.4.2 Recovery-Disks.com terminates the licence immediately if the Customer fails or has failed to comply with any term of condition of the Agreement including (without limitation) breach of copyright, patent or confidentiality.

15. General

15.1 The Customer represents and warrants that it is duly authorized and empowered to enter into this Agreement and that such authority shall continue during the term of this Agreement.

15.2 This Agreement represents the entire Agreement between the parties. Each party warrants that no representation has been made which had induced the other to enter into this Agreement.

15.3 Side headings are for convenience only and shall not affect the construction of the conditions of this Agreement.

15.4 No failure, delay, relaxation or indulgence on the part of either party in exercising any power or right conferred upon such party in this Agreement shall operate as a waiver of such power or right, nor shall any single or partial exercise of any such power or right preclude any other further exercise of any other power or right.

15.5 This Agreement shall be governed by the law of the United States and the Customer hereby submits to the non-exclusive jurisdictions of US Courts.

15.6 Any notice given under this Agreement by either party to the other must be in writing and may be effected by personal delivery, fax or registered mail postage and shall in the case of fax be deemed to be received on the same date as it was sent and in the case of postage within 48 hours after the date of posting. Notices sent by post shall be sent to the addresses of the parties set out overleaf or to another address notified in writing to the other for such purpose after the date of this Agreement.

Recovery-Disks.com

E-mail: contact@recovery-disks.com