Terms & Conditions of Sale
The following terms and conditions govern the sale of products by Oshko Technologies Inc., the owner of the brand Oshko and all attached products and services. By submitting your on-line order to Oshko Technologies Inc., you have indicated your acceptance to be bound by these terms and conditions of sale. At Oshko Technologies Inc’s sole discretion, these terms and conditions may be changed without prior notice at any time before Oshko Technologies Inc. accepts your order.
Oshko Technologies Inc, does not guarantee that products and services advertised on our website will be available when ordered or thereafter, unless clearly stated otherwise.
Payment is due by credit card or PayPal, etransfer, wire transfer, or through our financing partners when available. Once an order is placed by credit card, the credit card account will be verified at the time the order is placed. If your credit card is declined during the order, please contact us to correct the payment issue. Orders are processed only upon receipt of payment.
Disclaimer of Warranty
When products are shipped to you, their limited warranties applicable to products are in effect and are included with the shipment. On our web site, “as is” products may not have warranties from Oshko Technologies Inc (other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law), but may still hold warranties from the original purchase or other cases.
Payment Shipping and Handling Charges and Taxes
The buyer is responsible for any taxes or tariffs associated with your purchase. You are responsible for all shipping and handling charges unless clearly stated otherwise on the product page, customization page, cart page, checkout page, or your invoice.
Prices shown on www.www.oshkotech.com’s website do not include shipping and handling. Neither do not the prices include taxes unless otherwise noted. All prices are in Canadian dollars. The price charged for an order will be the price in effect at the time the order is made. Nonetheless, if the price drops before shipment and you notify Oshko Technologies Inc. of the lower price before the product is shipped, in which case (and in that case only) the price charged will be the lower price.
Shipping & Risks during Shipping
When products are shipped to you by common carrier, Oshko Technologies Inc.’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 Oshko Technologies Inc..
Order Cancellations & Changes
For the benefit of our customers, we attempt to process orders as rapidly as possible. As such, orders may be sent to our assembly laboratory for fulfillment very soon after they are placed. Due to complexity and long delay that it may cause once we have complete the assembly, testing and packaging process, we might not be able to make any order changes or cancellations once they have reached this stage of processing. Exceptions may be accepted at the sole discretion of Oshko Technologies Inc. and may occur changes and/or cancellation charges.
Please review orders very carefully prior to submitting them and in the case a cancellation is necessary; please contact us as soon as possible to increase the likelihood that we are able to stop your order before it goes to the assembly laboratory for fulfillment. Unfortunately, no guarantees can be made.
Errors, Misprints, and Omissions
Our goal is to provide current and accurate information on our website. However, errors, misprints, and omissions sometimes occur. These include but are not limited to incorrect or incomplete prices, descriptions, specifications, photographs or illustrations. Oshko Technologies Inc. makes no warranty that the content of the website is accurate or complete.
Prior to shipment or delivery of any order, Oshko Technologies Inc. may cancel, reject, correct, or terminate any order for products, services, or insurance for which the price was incorrectly displayed or where we otherwise displayed erroneous, incomplete, or inaccurate information. Oshko Technologies Inc. cancel, reject, correct or terminate at any stage of the order processing, including after an order has been submitted and confirmed, and your credit card or debit card has been charged or an electronic funds transfer has been sent or received. In the event your order is cancelled by Oshko Technologies Inc. after your credit card or debit card has already been charged, Oshko Technologies Inc. will immediately issue a credit to your payment card account in the amount of the charge. Individual bank or credit union policies will determine when this amount is credited to your account.
Oshko Technologies Inc. is not obligated to complete any sell of products, services, or insurance based on errors, misprints, or omissions on our website.
Oshko Technologies Inc. may at any time, with no prior notice or liability to any website user (a) correct any error, inaccuracy, or omission; (b) change the products and services available on the website, or the prices, fees, description, and specifications of such products, services, and insurance; (c) limit quantities, promotional or otherwise, available for sale.
Oshko Technologies Inc. warrants product(s) to be in good working condition and free from defects in material and workmanship for a period of one (1) year for all our products unless stated otherwise on the product page and/or your invoice, from the original Invoice date.
Oshko Technologies Inc.’s liability shall as limited to repairing or replacing, at its option, any defective product which is returned, freight prepaid to Oshko Technologies Inc., according to the Merchandise Return Procedure set forth in Section Merchandise Return Procedure below. Buyer shall bear all responsibility for shipping charges and risk of loss or damage during transit to Oshko Technologies Inc. unless stated otherwise in the product warranty documents that you have purchased. Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Oshko Technologies Inc., are not covered by this warranty.
Any alterations, addition, improvements or attachments to the product(s) not authorized in writing by the Oshko Technologies Inc. shall be deemed to be a waiver of this warranty by Buyer and shall render this warranty null and void. Oshko Technologies Inc. shall return repaired or replaced product(s) to Buyer, at its expense via express ground service within Canada in qualified regions. For more information, please consult the shipping section. Shipping charges by all other methods and to all other destinations shall be borne by Buyer.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. Oshko Technologies Inc. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OG MERCHANTABILITY. IN NO EVENT SHALL Oshko Technologies Inc. BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL Oshko Technologies Inc.’S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
Merchandise Return Procedure
- To obtain a “Return Merchandise Authorization”(RMA) Number, Buyer must:
- Call Oshko Technologies Inc.’s Customer Service Representative.
- Provide the invoice number, date of purchase, serial number of items to be returned, and reason for return. RMA numbers are valid for 30 days from date of issuance.
- Packing and Shipping
- Attaching a copy of the original invoice and test report of each item to be returned, if possible.
- Pack items in original shipping containers WITHOUT any accessories, including manuals, cables, cds, etc.
- Mark the RMA number clearly on the outside of each container.
- Ship to Oshko Technologies Inc., freight prepaid and insured.
- Replacement or repair will be made when merchandise is received by Oshko Technologies Inc.. No advance replacement is available.
- Buyer shall pay the following miscellaneous charges:
- Items returned which were not originally purchased from Oshko Technologies Inc.: $30 plus return freight.
- Oshko desktop returned within warranty period, with no defect found : $100 plus return freight.
- Out of warranty Repair (Performed solely at Oshko Technologies Inc.’s election): $75 per hour labor plus parts and return freight.
Subject to a restocking fee, Oshko Technologies Inc. will allow the return of certain products for credit for any reason under certain terms and conditions. The following procedures must be followed if you want to obtain a credit for a return item:
First, you must obtain a return authorization number.
Second, the return item must be accompanied by a return authorization number and received at the Oshko Technologies Inc. warehouse within fourteen (14) days of Oshko Technologies Inc.’s shipment of the item to you.
You must pay the shipping for returned items. A restocking fee of 15% or an amount established by Oshko Technologies Inc.that reflects the current value of the item at the time of the return – (whichever is greater) will be subtracted from credit for returned items.
Some items, if opened, will not be covered by this return policy.
Items not covered include opened installed softwares and the cost of the operating system at the moment of the purchase.
Oshko Technologies Inc. provides lifetime technical support for all of products assembled by Oshko Technologies Inc., as long as you are the original owner. This does not applies to accessories like keyboard, mouse, mouse pads, monitors, etc. Items covered by the lifetime support policy but out of warranty are also eligible to technical support.
Limitation of Liability
The maximum liability to you for products purchased from Oshko Technologies Inc. shall be limited to the purchase price you have paid for the products. Also, Oshko Technologies Inc. will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
THIS RETURN POLICY IS NOT A WARRANTY. Oshko Technologies Inc. reserves the right to change or to cancel it at any time before accepting your order. For all refunds, you need to precisely follow the previous return procedures to ensure the return of your refund. You need to also allow a reasonable period of time for the product to arrive at our warehouse and pass an inspection process. When your return is accepted, we will process your credit as soon as possible.
Title to hardware products and to the media in which software products are embodied passes to you upon shipment by Oshko Technologies Inc.. Title to software remains with the licensor of the software.
These terms and conditions shall be interpreted under and governed by the laws of Canada, 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.
All dispute, controversy, or claim against Oshko Technologies Inc. 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 Oshko Technologies Inc.. 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 indirect 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.
Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by Oshko Technologies Inc.. These terms and conditions may not be modified, altered or amended without the written agreement of Oshko Technologies Inc..
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.
You may not assign this agreement without Oshko Technologies Inc.’s prior written consent. Oshko Technologies Inc. is the intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from Oshko Technologies Inc., this agreement shall take precedence.
Linking and Framing the Web Site
Links to the Web Site without the express permission of Oshko Technologies Inc. are strictly prohibited. Oshko Technologies Inc. reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.