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Orders
An order is not binding upon SaishaGlobal (eBay Store) until it is
accepted; SaishaGlobal (eBay Store) must receive payment before it will
accept an order. Payment for product(s) ordered is due prior to shipment.
Customer can make payment by credit card, or some other method prearranged
with SaishaGlobal (eBay Store). You agree to pay the amount(s) due as
specified on the invoice, and you agree to pay interest on all past-due
sums at a rate of 1.5% per month or the highest rate allowed by law,
whichever is greater.
Shipping Charges
Your total cost for purchase of any product will include the shipping and
handling charges shown on your SaishaGlobal (eBay Store) invoice. However,
your original shipping fees are non-refundable in the case of a returned
product. Those fees are paid for the services provided by and to the
original carrier, and will not be refunded to you if your item is returned
for a refund to SaishaGlobal (eBay Store).
Risk of Loss
SaishaGlobal (eBay Store) will arrange for shipment of ordered product(s)
to the Customer, Free On Board (F.O.B.) shipping point, meaning title to
the product(s) -- excepting software-- and risk of loss passes to the
Customer upon delivery to the carrier. SaishaGlobal (eBay Store) reserves a
purchase money security interest in the product(s) until its receipt of the
full amount due. Customer agrees to allow SaishaGlobal (eBay Store) to sign
appropriate documents on Customer's behalf to permit SaishaGlobal (eBay
Store) to protect its purchase money security interest. Title to software
will remain with the licensor(s). All software is provided subject to the
license agreement of the software maker. Customer agrees to be bound by any
software license agreement once the seal on the package is broken. SaishaGlobal
(eBay Store) will advise Customer of estimated shipping dates, but SaishaGlobal
(eBay Store) will, under no circumstances, be responsible for delays in
delivery, and associated damages, due to events beyond its reasonable
control, including without limitation, acts of God or public enemy, acts of
federal, state or local government, fire, floods, civil disobedience,
strikes, lockouts, and freight embargoes.
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Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the
sales transactions between SaishaGlobal (eBay Store) and Customer shall be
governed by the laws of the State of Illinois, without regard to its conflict
of laws rules. Specifically, the validity, interpretation and performance
of this agreement shall not be governed by the United Nations Convention on
the International Sale of Goods. Except for claims for injunctive relief by
either party, Customer and SaishaGlobal (eBay Store) agree that any dispute
or controversy arising out of, in relation to, or in connection with this
agreement or Customer?s use of the SaishaGlobal (eBay Store) Website shall
be finally settled by binding arbitration in Chicago, Illinois under the
then current rules of JAMS (formerly known as Judicial Arbitration &
Mediation Services) by one (1) arbitrator appointed in accordance with such
rules. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE
TERMS AND CONDITIONS OR THE SALES TRANSACTIONS BETWEEN SaishaGlobal (EBAY
STORE) AND CUSTOMER, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE
CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR
REPRESENTATIVE ACTION, AND SaishaGlobal (EBAY STORE) AND CUSTOMER EXPRESSLY
AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE
ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND
CONDITIONS.
Finally, the Customer also agrees not to bring any legal action, based upon
any legal theory including contract, tort, equity or otherwise, against SaishaGlobal
(eBay Store) that is more than one year after the date of the applicable
invoice.
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Severability
If any provision contained in this agreement is or becomes invalid,
illegal, or unenforceable in whole or in part, such invalidity, illegality,
or unenforceability shall not affect the remaining provisions and portions
of this agreement, and the invalid, illegal, or unenforceable provision
shall be deemed modified so as to have the most similar result that is
valid and enforceable under applicable Illinois law.
Waiver
The failure of either party to require performance by the other party of
any provision of this agreement shall not affect in any way the first
party's right to require such performance at any time thereafter. Any
waiver by either party of a breach of any provision in this agreement shall
not be taken or held by the other party to be a continuing waiver of that
provision unless such waiver is made in writing.
Entire Agreement
These terms and conditions, together with SaishaGlobal (eBay Store)'s
invoice regarding the products ordered by Customer, are the complete and
exclusive agreement between SaishaGlobal (eBay Store) and Customer, and
they supersede all prior or contemporaneous proposals, oral or written,
understandings, representations, conditions, warranties, and all other
communications between SaishaGlobal (eBay Store) and Customer relating to
the subject products. This agreement may not be explained or supplemented
by any prior course of dealings or trade by custom or usage.
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Copyright Policy
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to
notices of alleged copyright infringement that comply with applicable law.
If you believe any materials accessible on or from SaishaGlobal (eBay
Store) infringe your copyright, you may request removal of those materials
(or access to them) from SaishaGlobal (eBay Store) by submitting written
notification to our Copyright Agent (designated below). In accordance with
the Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written
notice (the "DMCA Notice") must include substantially the
following:
Your physical or electronic
signature;
Identification of the
copyrighted work you believe to have been infringed;
Identification of the material
you believe to be infringing in a sufficiently precise manner to allow us
to locate that material;
Your name, mailing address,
telephone number, and email address;
A statement by you that you have
a good faith belief that use of the copyrighted material is not authorized
by the copyright owner, its agent, or the law;
A statement by you, under
penalty of perjury, that you are authorized to act on behalf of the
copyright owner.
Our designated Copyright Agent
to receive DMCA Notices is:
Copyright Agent
SaishaGlobal (eBay Store) Legal Department
copyright@SaishaGlobal
If you fail to comply with all of the requirements of Section 512(c)(3) of
the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material
or activity on SaishaGlobal is infringing your copyright, you may be held
liable for damages (including costs and attorneys' fees) under Section
512(f) of the DMCA.
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Counter-Notification Procedures
If you believe that material you posted on SaishaGlobal (eBay Store) was
removed or access to it was disabled by mistake or misidentification, you may
file a counter-notification with us (a "Counter-Notice") by
submitting written notification to our copyright agent (identified below).
Pursuant to the DMCA, the Counter-Notice must include substantially the
following:
Your physical or electronic
signature;
Identification of the material
that has been removed or to which access has been disabled and the location
at which the material appeared before it was removed or access disabled;
Your name, mailing address,
telephone number, and email address;
A statement under penalty of
perjury by you that you have a good faith belief that the material
identified above was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled;
A statement that you will
consent to the jurisdiction of the Federal District Court for the judicial
district in which your address is located (or if you reside outside the
United States for any judicial district in which SaishaGlobal (eBay Store)
may be found) and that you will accept service from the person (or an agent
of that person) who provided SaishaGlobal (eBay Store) with the complaint
at issue.
Completed Counter-Notices should
be sent to:
Copyright Agent
SaishaGlobal Legal Department
copyright@SaishaGlobal
The DMCA allows us to restore
the removed content if the party filing the original DMCA Notice does not
file a court action against you within ten business days of receiving the
copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material
or activity on SaishaGlobal (eBay Store) was removed or disabled by mistake
or misidentification, you may be held liable for damages (including costs
and attorneys' fees) under Section 512(f) of the DMCA.
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Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate
the accounts of users who are repeat infringers.
Ebay Compliance
Selling rules an “AS-IS” OEM
Computer is included in this listing. MUST SELL COMPUTER WITH COA Per eBay
RULES. Licenses were received with a damaged lot of computers which
were SEVERELY DAMAGED, and accompanying computer with License is only
available for pickup. If NOT picked up in 7 days, it will be disposed at no
cost to buyer. This listing is in accordance with eBay policy as from eBay
OEM Software policy.
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