Terms and Conditions of Sale
Applicability of Terms and Conditions
The following terms and conditions govern the direct sale of products by Toshiba America Information Systems, Inc. or the entity named on the packing slip ("TAIS") to customers in the United States of America or persons accepting delivery through an Army Post Office (APO) or Fleet Post Office (FPO) address ("Customer"). By using this web site and/or accepting delivery of products ordered from TAIS whether via this website, telephone, facsimile or other means, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS SHALL APPLY TO ANY SALE DIRECTLY FROM TAIS TO CUSTOMER. Products described on this web site are only available to residents of the United States of America when ordered through this website or a telesales representative from a location and Internet Service Provider (ISP) within the United States of America AND for shipment to an address within the United States.
TAIS reserves the right to change these terms and conditions without prior written notice at any time, at its sole discretion; the most current version will always be posted on this site and will govern current purchases. These terms and conditions may not be supplemented, modified or altered by the use of any other documents(s). Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by TAIS.
Customer agrees and represents that it is buying products from TAIS for its own internal use and not for resale. TAIS is not responsible nor has liability for any change in configuration, including the addition of hardware and/or software that Customer may decide to add, remove, or use in concert with products in order to fit a particular purpose or use. Customer shall be responsible for any costs associated with modification or product use. TAIS is not responsible for modifications that do not meet Customer expectations
Payment Terms; Orders; Quotations
Payment methods accepted by TAIS are shown in the shopping cart on this site. Payment by credit card shall be subject to authorization from Customer's credit card issuer and such authorization must be received by TAIS prior to order acceptance, unless some other pre-arranged method of payment has been accepted by TAIS. If Customer has obtained credit through a TAIS-sponsored financial program, payment terms, including interest and late charges, will be based on the terms of the financing agreement between Customer and the financial institution.
Orders are not binding on TAIS unless accepted by TAIS. Acceptance of an order occurs when product ships. Acknowledgment of receipt of an order does not constitute acceptance of the order by TAIS. Product ordered may become unavailable due to product or parts shortages, discontinuance of product, or other reasons. In such event, TAIS will promptly notify Customer via email, if provided, or telephone.
Prices; Shipping and Handling Charges; Taxes; Interest; Coupons and Discounts
Prices and configurations shown on product pages, customization pages, in the shopping cart, or other locations on the website are subject to change without prior notice at any time before acceptance of Customer's order. TAIS is not liable for typographical errors or omissions and mistakes on quotations or prices posted on this or any other website.
Coupons and/or discounts used on any order are subject to review by TAIS and are not valid unless and until the order is accepted by TAIS, where such acceptance is in TAIS’s sole discretion. TAIS is not responsible for any typographical errors, omissions or mistakes on coupons or discount offers posted on this or any other website. Valid coupons are limited to one per household unless otherwise specified. TAIS reserves its right to refuse to honor a coupon or discount for any reason. Improper use, misuse or use for a purpose other than that which was intended, of a coupon or discount will result in the cancellation of an order. TAIS will promptly notify Customer via email, if provided, or telephone of any such cancellation of an order.
Prices shown for all laptops, electronics (e.g. camcorders, storage devices, non-Toshiba branded products, etc.), and accessories do not include charges for shipping and handling, applicable state sales/use taxes, or state recycle fees. Unless otherwise stated by TAIS, Customer is solely responsible for applicable shipping and handling charges, state sales/use taxes and state recycle fees.
Prices shown for DVD Players and Blu-ray™ players, with a net price of $499 or higher include charges for ground shipping and handling, but DO NOT include applicable sales/use taxes or state recycle fees. For DVD Players and Blu-Ray™ players with a net price of less than $499, customer shall be responsible for applicable ground shipping and handling charges. Regardless of unit price Customer is solely responsible for any and all applicable taxes such as sales/use tax or state recycle fee on all products.
Unless Customer provides TAIS with a valid government or nonprofit tax exemption certificate, sales taxes will be charged for orders shipped to all states in which TAIS is obligated to collect and report such sales. These states shall include any state which charges sales or use tax to its residents, businesses, or other entity required to pay sales tax.
Title and risk of loss shall pass to Customer upon shipment from TAIS's facility. Title to all software will remain with the applicable licensor(s).
A limited warranty statement for Toshiba branded products is included with the documentation for each product shipped to Customer and can be viewed online at warranty.toshiba.com. The current warranty statement for televisions is available in the user manual for that model. Television user manuals are available for download at support.toshiba.com. TAIS reserves the right to modify its limited warranty statements at any time, in its sole discretion.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY STATEMENT, TAIS AND ITS PARENT COMPANIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TOSHIBA BRANDED PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAIS' LIABILITY FOR WARRANTY CLAIMS ON TOSHIBA BRANDED PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE WARRANTY STATEMENT.
TAIS DOES NOT WARRANT ANY THIRD PARTY ACCESSORIES OR PRODUCTS. THIRD PARTY SUPPLIER IS SOLELY RESPONSIBLE FOR ALL WARRANTY, SERVICE AND SUPPORT, AND ALL OTHER PRODUCT RELATED ISSUES.
Software License and Warranty
All software is provided subject to the applicable end-user license agreement included with the product. Warranties, if any, for the software shall be in accordance with the license agreement. TAIS does not warrant any software under these terms and conditions. Some software may differ from its retail version (if available) and may not include user manuals, machine readable media, or all program functionality.
Sales of software are final. Software products may not be exchanged or returned to TAIS, its affiliates or its parent companies under any circumstance.
Limitation of Liability
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, TAIS'S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PRICE PAID BY CUSTOMER FOR THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL TAIS, ITS PARENT COMPANIES, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, OR THE LIKE), OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY.
Governing Law; Dispute Resolution
Customer and TAIS agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms and conditions of sale.
Dispute Resolution. TAIS endeavors to resolve customer disputes in a fair and professional manner. In the unlikely event that TAIS is unable to resolve a dispute, Customer and TAIS agree to resolve any Claims between us only by BINDING ARBITRATION except as otherwise provided in the "Exceptions" paragraph below. For the purposes of this Dispute Resolution Section, references to "TAIS" mean Toshiba America Information Systems, Inc., its parents, subsidiaries and affiliates, and each of their officers, directors, employees, agents, beneficiaries, predecessors in interest, successors, assigns and suppliers, references to "Customer" include all those in privity with Customer, including Customer's family members, beneficiaries, and assigns, and references to "Claim" shall include any dispute, claim or controversy arising from or relating to: (1) any product or service governed by these terms and conditions, including advertising for the product or service, whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory; (2) these terms and conditions; and (3) the subject of any purported class action litigation in which Customer is not a member of a certified class.
ARBITRATION MEANS THAT CUSTOMER AND TAIS ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted under the Streamlined Arbitration Rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the "JAMS Rules") and under the rules set forth in this section. The JAMS Rules are available online at jamsadr.com/rules-streamlined-arbitration. If there is a conflict between the JAMS Rules and the rules set forth in this section, the rules set forth in this section will govern. This Dispute Resolution agreement evidences a transaction in interstate commerce and, thus, the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitrator is bound by the terms of this Dispute Resolution Section. To start an arbitration, Customer or TAIS must: (1) Write a Demand for Arbitration (see copy at www.jamsadr.com). The Demand must include a description of the Claim and the amount of damages sought to be recovered. Customer may, in arbitration, seek any and all remedies otherwise available to Customer pursuant to Customer's state's law, (2) Send three copies of the Demand, plus the appropriate filing fee, to: JAMS, 500 North State College Blvd., Suite 600, Orange, CA 92868 (1-800-352-5267), and (3) Send one copy of the Demand to the other party.
Fees/Costs. After receipt of Customer's arbitration notice, TAIS will promptly reimburse Customer for Customer's arbitration filing fee unless Customer seeks more than $75,000 in damages, in which case, the payment of these fees will be governed by the JAMS Rules. Except as otherwise provided for herein, TAIS will pay all JAMS administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements herein. Other fees, such as attorneys' fees and expenses of travel to the arbitration, will be paid in accordance with the JAMS Rules. If the arbitrator finds either the substance of Customer's Claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In such a situation, Customer agrees to reimburse TAIS for all monies previously disbursed by it that are otherwise Customer's obligation to pay under the JAMS Rules. Except as otherwise provided for herein, TAIS waives any rights TAIS may have under the JAMS Rules to seek attorneys' fees and costs from Customer if TAIS prevails in the arbitration.
Hearings and Location. If Customer's claim is for $10,000 or less, Customer may choose to have the arbitration conducted solely on the basis of (1) documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as established by the JAMS Rules. If Customer's claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Any in-person arbitration hearings will be held at a location in the county (or parish) of Customer's residence unless Customer and TAIS both agree to another location or TAIS agrees to a telephonic arbitration.
Arbitrator's Decision. (1) All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. (2) Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. (3) The arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. (4) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. (5) CUSTOMER AND TAIS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN CUSTOMER'S OR TAIS' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Customer and TAIS agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Accordingly, Customer and TAIS agree that the JAMS Class Action Procedures do not apply to this arbitration. If this specific provision (5) is found to be unenforceable, then the entirety of this Dispute Resolution agreement shall be null and void.
Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court. The arbitration provision above also does not preclude Customer from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against TAIS on Customer's behalf.
Shipment and Availability
TAIS can only ship to Customer addresses in the 50 United States and the District of Columbia. TAIS cannot ship outside of the United States, or to Post Office Boxes. At their sole option and expense, US military or government personnel may select to use a third party forwarding agent such as APO Box™ for the delivery of goods to their APO or FPO address. (For specifics about shipping to APO/FPO addresses, go to www.APOBox.com).
TAIS may deliver products in installments. Any delivery or shipment date provided is a good faith estimate. Customer acknowledges that product availability may be limited, and particular products may not be available for immediate delivery. TAIS will not be liable for any loss, damage or expense related to any delay in shipment or delivery.
This sale concerns products and/or technical data that may be controlled under the U.S. Export Administration Regulations and may be subject to the approval of the U.S. Department of Commerce prior to export. Any export or reexport by Customer, directly or indirectly, in contravention of the U.S. Export Administration Regulations is prohibited. Customer will not ship any products outside the United States without proper authorization. Customer will defend and hold TAIS harmless against all claims, damages or liability resulting from breach of the foregoing.
Notwithstanding anything to the contrary in any third party License Agreement or product documentation supplied with a personal computer or tablet product, TAIS does not accept the return of component parts, or bundled software, that have been removed from personal computer or tablet products. Pro-rata refunds on individual components of a product bundle, including the operating system, will not be granted. If Customer wishes to return a complete personal computer system, Customer may do so in compliance with TAIS' standard return policies and procedures set forth in these terms of sale.
All products eligible for return require a Return Material Authorization (RMA) number, which may be requested by calling 1-800-618-4444 or utilizing the online RMA request form on this website. To be considered, an RMA request must be made within fifteen (15) days of product shipment from TAIS's shipment points and all products qualified for return must be returned to TAIS within ten (10) days of customer receipt of the RMA number. The maximum TAIS will refund for items purchased through TAIS is the original purchase price of the product, less restocking fee, plus any related taxes. Original shipping and handling charges or similar fees and return shipping charges are not refundable. Returns made without an RMA number will be refused or returned to the Customer. All products with a valid RMA number must be returned in original packaging and be in the same condition as Customer received them. Customer is responsible for shipping charges and risk of loss on all return shipments. Customer must use a reputable shipping carrier capable of providing proof of delivery, as well as properly packing and fully insuring the return shipment. Upon receipt of the returned product(s), TAIS will inspect the product to determine if the product has been opened, used, and whether it contains all parts included with the original shipment, and to confirm there was no modification, abuse or misuse of the product, or user negligence. TAIS may reject the return or deduct costs associated with: open packaging, missing parts, non original packaging, modification, abuse, misuse of the product or user negligence. While TAIS may issue a RMA for individual software packages represented by Customer as unopened, upon receipt and inspection any open packages will not be accepted for return/credit and will be returned to Customer.
After receipt and inspection of the returned products, credit or replacement will be issued in accordance with the following:
Unused, unopened standard products, including laptops, netbooks, tablets, desktops, TV lamps, and accessories (batteries, remotes, Power adapters, etc), except those products specifically named as 'final sale' on the www.toshiba.com/US website, as allowed within these terms and conditions are eligible for refund or replacement, subject to a 15% restocking fee.
Cancellation or return of custom configured Toshiba branded products are eligible for refund or replacement, subject to a 15% restocking fee, or replacement.
Within thirty (30) days of the date Customer purchased a Service Net warranty extension and/or an upgraded service plan, as defined by the designation "WSN-xxxxxx", "ASN-xxxxxx" or other specific designation which may be added from time to time, Customer may contact TAIS directly to cancel the Service Net warranty extension or upgraded service plan purchased and receive a refund of the purchase price less any claims. After the thirty-day period, Customer may cancel a Service Net service plan in accordance with the cancellation terms of the service plan. The current terms and conditions for these service plans can be viewed at warranty.toshiba.com.
Cancellation of a Square Trade Warranty (designation "SQT-xxxxxx") is to be addressed directly with Square Trade. Any refund due from the purchase of a Square Trade warranty will be originated from Square Trade.
Sales of software are final. Software products may not be exchanged or returned to TAIS under any circumstance. Pre-installed software may only be returned if the product is returned.
TAIS will issue a RMA for exchange in the event the customer receives a visual product (TV, DVD Player, Blu-Ray Player) with an operating defect and contacts TAIS within 15 days of product shipment for a RMA to exchange the defective unit. TAIS will not issue a RMA for a unit to be returned for credit.
Prior to purchase, Customer is responsible for contacting the accessories manufacturer (or consulting compatibility charts on this web site) to determine the compatibility of specific accessories with Toshiba or non-Toshiba branded products. If Customer purchases an accessory from TAIS and determines that the accessory is not compatible with another product, in conflict with the compatibility charts on this website, within fifteen (15) days after Customer receives the accessory, the accessory may be returned to TAIS to the extent permitted under TAIS Return Policies above.
Service and Support
Information on support services, contact information for support services and warranty coverage may be found at support.toshiba.com. Customer may be charged a fee for repair or diagnosis of issues not covered by the applicable warranty as specified at support.toshiba.com.
For all non-Toshiba branded products, contact the original manufacturer for technical support and warranty assistance. Warranties and service offerings for such products vary from product to product.
Customer may not assign its rights or obligations under these terms and conditions without the express written consent of TAIS.
If any of these terms and conditions are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired thereby.
These terms of sale constitute the entire and sole agreement between TAIS and Customer and supersede all prior agreements, representations, warranties and understandings with respect to the subject matter of these terms.
This web site is provided by:
Toshiba America Information Systems, Inc.
9740 Irvine Boulevard
Irvine, California 92618-1697
Las especificaciones de los productos previamente anunciados están sujetas a cambios sin previo aviso.
Effective November 19, 2014.