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Terms & Conditions

Payment Methods

  • Visa
  • MasterCard
  • Discover Network
  • American Express
  • PayPal
  • Marketplace: Purchasers of Newegg Marketplace items may not pay by check or money order.
  • No Purchase Orders, Fax or C.O.D. orders please. Please accept our apologies but neweggflash.com does not accept international credit cards at this time.

Shipping Methods

  • FedEx 3-Day Express Saver - 3 to 4 business days + 24-48 hours to process the order.
  • FedEx 2-Day - Delivery within 2 business days + 24-48 hours to process the order.
  • FedEx Standard Overnight - Delivery within 1 business day + 24-48 hours to process the order.
  • UPS Ground - 5 to 7 business days + 24-48 hours to process the order.
  • UPS 3-Day - 3 business days + 24-48 hours to process the order.
  • UPS 2-Day - 2 business days + 24-48 hours to process the order.
  • UPS Red Next Day Residential - Delivery within 1 business day + 24-48 hours to process the order.
  • Large Item Delivery and White Glove Delivery - 3 to 5 business days + 24-48 hours to process the order.
  • USPS, Media Mail - Delivery within 2 to 9 business days + 24-48 hours to process the order. (This applies to DVD purchases only.)
  • USPS - APO/FPO orders welcome! Delivery will take approximately 2 to 6 weeks + 24-48 hours to process the order. (Due to military APO/FPO box size, 19" and larger monitors cannot be shipped via this method; please remove them from your shopping cart before proceeding.)
  • For Hawaii and Alaska customers, FedEx can only ship via 2-Day Air and the shipping time will not be guaranteed. Therefore, NeweggFlash will default to and charge for 2-Day Air.
  • FedEx only offers 2-Day service to Hawaii and Alaska. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2-Day and you will subsequently be charged accordingly.
  • Egg Saver (4-7 Business Days) shipping +24-48 hours to process the order.
    • This shipping method is not available to Hawaii, Alaska or Puerto Rico.
    • This shipping method is supported by DHL Smart Mail or UPS Mail Innovation Services.
    • Not all warehouses support this shipping method; an alert will appear during checkout to notify users if the item is not eligible.
    • Not all orders qualify for this shipping method. Determination of eligibility will be made based on order weight and item dimensions.
  • All orders require 24-48 hours processing time before shipping.
  • NeweggFlash does not process orders during weekends.
  • No deliveries will be made on Saturday or Sunday.
  • NeweggFlash does not guarantee same day shipping.
  • NeweggFlash does not offer International/Canadian shipping options at this time.
  • All orders shipped within California, New Jersey and Tennessee will be charged state sales tax. Please note that the sales tax for New Jersey and Tennessee orders is calculated based upon the total price of the order, including shipping and handling. The tax imposed by these states on shipping and handling is part of the state sales tax, not a separate tax.
  • Exact delivery times to Hawaii, Alaska and Puerto Rico cannot be guaranteed.
  • Local Express Delivery - Local Express delivery (by 8 p.m.) + time to process the order
    • Not all items qualify for this shipping method. Determination of eligibility will be made based on proximity to our warehouses.
    • This shipping method is supported by Dynamex Inc.
  • Marketplace: Newegg Marketplace sellers may offer different shipping options. Check the Seller's Policy Page for the shipping options and terms for individual Marketplace sellers. In the event of a conflict between Newegg's shipping options and term and those on a Seller's Policy Page, the Seller's Policy Page shipping options and terms shall apply to your orders from that seller.

Price Matching

NeweggFlash does not price match competitors. For your convenience, all of our most current pricing is listed on our Web site and updated in real-time. Prices are non-negotiable.

Website use

You agree to use the www.neweggflash.com website (the "Website") only for purposes that are permitted by this Policy & Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not access or attempt to access the Website other than through the interface that is provided by NeweggFlash, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of NeweggFlash. You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website). You agree that you will not duplicate, reproduce, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for any breach of your obligations under this Policy & Agreement and for the consequences (including any loss or damage which NeweggFlash may suffer) of any such breach.

Cross-Ship

Items may be cross-shipped if the following criteria are met:

  1. The customer first agrees to purchase the replacement item.
  2. The same make/model item is in stock. Return shipping costs are the sole responsibility of the customer. Return shipping is a service paid to a shipping courier so they will transport your authorized return to NeweggFlash.
  3. Under no circumstance will NeweggFlash cross-ship merchandise beyond 30 days from the original invoice date.
  4. Marketplace: Newegg Marketplace sellers may cross-ship CPUs or other items in their discretion. Check the Seller's Policy Page for the cross-ship policies of individual Marketplace sellers. In the event of a conflict between Newegg's cross-ship policies and those on a Seller's Policy Page, the Seller's Policy Page cross-ship polices shall apply to your orders from that seller.

Combo Specials

Combo Specials may be offered by NeweggFlash as a way of purchasing two items together at a discounted price. To take advantage of a listed Combo Special, select the desired Combo Special from the individual item listing and click Add to Cart. Both items will be added to your shopping cart, and the advertised discount will be applied on the Order Confirmation screen. And, in case you forget to add a Combo Special to your cart, an intermediary page will be promoted to provide you with a second chance. Only one of each Combo Special can be purchased per order. Offers valid only while supplies of both items last. If you attempt to purchase multiple units of a Combo Special, be advised that items with a mail-in rebate will yield only one redeemable rebate offer (per the manufacturer's "limit one per household" provision). Neweggflash.com cannot guarantee the compatibility of combo items. Please contact the manufacturer(s) directly if you have issues or concerns regarding compatibility.

* Please note that an item advertised as "free" in a combo special may still incur a shipping charge.

Bundle Specials

Bundle Specials may be offered to NeweggFlash shoppers as a way to purchase multiple items together at a discounted price. Only one of each Bundle Special can be purchased per order. Offers valid only while supplies of all items within the bundle last. If you attempt to purchase multiple units of a Bundle Special, be advised that items with a mail-in rebate will yield only one redeemable rebate offer (per the manufacturer's "limit one per household" provision). Neweggflash.com cannot guarantee the compatibility of bundle items. Please contact the manufacturer(s) directly if you have issues or concerns regarding compatibility.

If you wish to return a Bundle Special for a refund, you must return the ENTIRE BUNDLE within 30 days of the original invoice date. Note that a 15% restocking fee will be applied. Components within a Bundle Special may be returned for repair/replacement only. Individual items within a bundle may only be returned for repair/replacement if an RMA number is acquired within the standard return period.

Product Tour

The product resources offered in Product Tour are provided courtesy of their respective developers. As such, NeweggFlash is not responsible in any way for the accuracy of claims, representations or suggestions made in these materials. Similarly, all compatibility or technical issues should be directed to the appropriate developer or manufacturer. These resources are provided on an "as is" basis by NeweggFlash as a supplementary service to you, the user. We offer these resources to you strictly for informative purposes as they may lend valuable insight into products you are interested in and clarify any associated benefits.

Promo Codes

NeweggFlash will sometimes furnish an alphanumeric code that can be used for promotions on our Web site. These promotional codes may be found in print and/or online advertisements, sent via email to our Newsletter and/or Promotion subscribers, presented on the NeweggFlash Web site or circulated at events and through other means. Some of the specials offered by entering a Promo Code during checkout include free shipping, volume discounts, free gifts or complimentary Rush Order processing. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off your next purchase, you would need to spend more than $10.00 to redeem your discount.

Marketplace: Promo Codes are not currently available for Newegg Marketplace items.

Mail-in Rebates

For your convenience, NeweggFlash does its best to advertise any current rebates on our Web site. Any use of these rebates is limited to the terms and conditions specified by the product manufacturer. If you have any questions regarding rebate terms and conditions, please contact the manufacturer directly.

Sales Tax

Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws. Therefore all orders shipping into California, New Jersey and Tennessee will be charged applicable sales tax according to your area's tax rate. Please note that the sales tax for New Jersey and Tennessee orders is calculated based upon the total price of the order, including shipping and handling. The tax imposed by these states on shipping and handling is part of the state sales tax, not a separate tax.

Duty Tax

FedEx only offers 2-Day or overnight services to Hawaii and Alaska. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2-Day and you will subsequently be charged accordingly.

Electronic Waste Recycling Act

The Electronic Waste Recycling Act ("Act") became law in California on January 1, 2005. The primary objective of this law is to initiate a recycling program for computer products containing chemicals deemed hazardous to the environment. To fund this program, California requires retailers and e-tailers to collect, on the state's behalf, a fee for each product covered by this law. The fee is paid by the consumer at the time of purchase of the covered product. This fee will be remitted directly to the state by and only applies to orders shipped within California.

The types of products that we are required to collect this recycling fee include cathode ray tubes, cathode ray tube devices, flat panel screens, and other similar video display devices. The actual amount of the recycling fee will vary, based on the screen size of the product when measured diagonally, as follows:

  • Greater than 4" and less than 15" -- $6.00
  • Greater than or equal to 15" and less than 35" -- $8.00
  • Greater than or equal to 35" -- $10.00

For more information concerning the scope and details of the Act, please refer to the California Integrated Waste Management Board's website at http://www.ciwmb.ca.gov/Electronics/Act2003 or to the Department of Toxic Substances Control's website at http://www.dtsc.ca.gov/HazardousWaste/CRTs/SB20.html.

Product Testing

NeweggFlash, like other e-tailers, ships items in the condition they were received from the original manufacturer/distributor. NeweggFlash does not conduct product testing before shipping any merchandise.

Marketplace: Newegg Marketplace sellers may or may not conduct product testing. Check the Seller's Policy Page for information on the product testing practices of individual Marketplace sellers.

"Must Be Purchased with Hardware"

The "must be purchased with hardware" precept is mandated by the software publisher. In accordance, NeweggFlash customers must purchase some type of product which falls under the general category of computer hardware in order to purchase applicable software. Hardware is classified as any component that will be used when assembling a computer system (a hard drive, motherboard, processor and a floppy drive are all examples of merchandise that will qualify). There is no specific or set price the hardware has to be, merely that there is some sort of eligible hardware present in the order itself.

Money Back Guarantee/Refund Policy

Replacement/refund policies will vary from product to product. Please check an item’s Product Page for the rules applicable to returns or refunds for that item. A return authorization number is required for all returns. A 15% restocking fee may apply. These terms apply to all refunds. Customers must inform NeweggFlash of any order discrepancy within 7 days from the invoice date so that we may investigate and resolve the situation accordingly.

Physical Damage Policy

Physical damage to any product purchased at NeweggFlash will effectively void warranty coverage. Improper Installation of CPU fans and/or improper clocking may cause CPUs to chip. CPUs that are chipped, burnt or have bent pins are considered physically damaged and cannot be returned for refund or replacement. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage. Neweggflash.com encounters bent pins regularly when inspecting physically damaged CPUs. Forcing a processor into position will not solve an installation problem and may consequently void any applicable warranty coverage. Intel and AMD will not accept physically damaged processors back from neweggflash.com. As a result, neweggflash.com will return any physically damaged CPU back to the customer at the customer's expense.

Restocking Fee

A 15% restocking fee will be applied to all returns for refund. Shipping charges are non-refundable. No refunds after 30 days.

Marketplace: If you purchase an item from a Newegg Marketplace seller and need to return it, you must return that item to the Marketplace seller rather than to Newegg, and the return of that item will be subject to the restocking fee policies of that Marketplace seller rather than those of Newegg. Check the Seller's Policy Page for the restocking fee policies of individual Marketplace sellers.

Technical Support

NeweggFlash does not offer any sort of technical assistance. We cannot offer advice on compatibility of items, make product recommendations, provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at neweggflash.com.

Marketplace: If you purchase an item from a Newegg Marketplace seller and need technical support, please direct your requests for technical assistance to that seller. However, please be aware that certain Marketplace sellers may not offer technical assistance. Check the Seller's Policy Page of individual Marketplace sellers for details.

Processing Time

You can expect your order to be processed within approximately 24-48 hours, provided the items are in stock and there are no problems with payment verification. NeweggFlash does not guarantee same day-shipping. Orders are not processed on weekends and holidays.

Marketplace: If you purchase an item from a Newegg Marketplace seller, that seller is responsible for shipping the item to you. While Newegg does not guarantee processing times for Marketplace transactions, in general Marketplace sellers should process orders within two business days of order verification.

Rush Processing

NeweggFlash will rush process your order for an additional fee provided that the following conditions are met:

  • Order is submitted before 12 noon PST.
  • Your transaction and credit card authorization is successfully completed before 12:30PM PST.
  • Your shipping address matches your credit card billing address (i.e. No alternate ship to address).
  • Rush Processing does NOT apply to Pre-Paid Check orders.

Rush Processing Disclaimer:

IN ALL CIRCUMSTANCES, NEWEGGFLASH 'S MAXIMUM LIABILITY IS LIMITED TO THIS RUSH ORDER FEE ONLY. WHILE NEWEGGFLASH CANNOT GUARANTEE SAME DAY SHIPMENT FOR ALL ORDERS, NEWEGGFLASH WILL PUT FORTH ITS BEST EFFORT TO SHIP ALL RUSH PROCESSING ORDERS THE SAME BUSINESS DAY IF THE ABOVE CONDITIONS ARE MET. OTHERWISE, YOUR $2.99 RUSH PROCESSING FEE WILL BE REFUNDED.

Marketplace: Rush processing is not currently available for items purchased from Newegg Marketplace sellers.

Order Status

NeweggFlash will keep you informed of your order status via e-mail. All tracking information will be emailed to your NeweggFlash ID once your order has shipped (except when an APO/FPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on our Web site.

Security

Security is our number one priority. All on-line transactions are sent through our secure server and encrypted with 128-bit technology. Once we receive your information through the internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level of security.

Privacy

NeweggFlash respects your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our Web site will be used for processing purposes only. The only e-mails you will receive from NeweggFlash are updates to any recent orders and/or returns, unless you sign up to receive our Newsletter and email blasts.

Safe Shopping Guarantee

Fair Credit Billing Act: We guarantee that every online transaction you make will be 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at our online store. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Change Orders

You may request a change to your order provided the order has not already been charged to your account. Please call 1-800-390-1119 during NeweggFlash's hours of operation to request a change to your order. Please have your sales order (SO) or customer number ready for better assistance. We strongly discourage sending change order requests via email because it is unlikely we will receive the message in time to make an adjustment due to the sheer volume of emails we receive each day.

Cancel Orders

You may request that an order be cancelled provided the order has not already been processed and shipped. Simply call 1-800-390-1119 during NeweggFlash's hours of operation to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 1-2 business days. We strongly discourage sending order cancellation requests via email because it is unlikely we will receive the message in time to void the order due to the sheer volume of emails we receive each day.

Resellers

Unfortunately, we do not currently have a reseller or discount program available at this time. NeweggFlash currently already negotiates the best possible price for you, and offers these great discounts to all of our customers through our Web site. Anytime we receive any specials or promotions, we will immediately post them on our Web site for you to take advantage.

  • Tax: All customers outside of California, New Jersey and Tennessee will not be charged any state sales tax. Therefore, there is no need to fax or set up any reseller tax exemption form.
  • For California, New Jersey and Tennessee Resellers: please place your first order as normal, and fax over your reseller permit and this form with your Sales Order number. We will remove all tax from your order. Click here to view and print our reseller tax exemption form.

Volume Discounts

NeweggFlash does not have a reseller or discount program available at this time. We work hard to negotiate the best values on the Internet and offer these tremendous values to all of our customers via our Web site. All of our inventory shown online is live, posted in real-time and accessible 24/7/365. We also do our best to advertise any specials, promotions or rebates for our customers' benefit.

Product Listings

NeweggFlash strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Web site. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Web site is labeled with an incorrect price due to some typographical, informational, technical or other error, NeweggFlash shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other Web sites from NeweggFlash are provided as resources to customers looking for additional information and/or professional opinion. NeweggFlash does not assume responsibility for the claims and/or representations made on these or any other Web sites.

Product Revisions

NeweggFlash is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, NeweggFlash puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Web site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. NeweggFlash relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, NeweggFlash will not be held responsible for product revision changes.

We may change these policies at any time without notice.

Purchase Agreement

By accepting delivery of any product ordered from NeweggFlash ("NeweggFlash"), you ("Customer") agree to be bound by the terms and conditions listed below. You and NeweggFlash agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and NeweggFlash. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from NeweggFlash.

Satisfaction Guarantee

Replacement/refund policies will vary from product to product. Please check an item’s Product Page for the rules applicable to returns or refunds for that item.

To take advantage of NeweggFlash's return policy, the Customer must comply with the Product Return Procedure detailed below. Any breach of NeweggFlash's Return Policy Procedure will result in the loss of NeweggFlash's refund/replacement guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.

Marketplace: In general, Newegg Marketplace sellers will honor Newegg's Satisfaction Guarantee set forth on the applicable product page. However, certain exceptions may apply. Check the Seller's Policy Page for the return policies of individual Marketplace sellers. In the event of a conflict between Newegg's Satisfaction Guarantee and those on a Seller's Policy Page, the Seller's Policy Page satisfaction guarantee shall apply to your orders from that seller.

Product Return Procedure

  • To return a product in compliance with NeweggFlash's satisfaction guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Please click here to acquire an RMA number. All RMA requests must be filed online. NeweggFlash will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by NeweggFlash. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
  • Customer is solely responsible for shipping any returned product to NeweggFlash. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, NeweggFlash's Return Procedure will be breached and NeweggFlash may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).
  • NeweggFlash will not refund to Customer the original shipping charges. In addition, NeweggFlash will assess a 15% restocking fee against the Customer's account on all returns for refund.
  • Marketplace: If you purchase an item from a Newegg Marketplace seller and need to return it, you must return that item to the Marketplace seller rather than to Newegg. Check the Seller's Policy Page for the return procedure of individual Marketplace sellers. In the event of a conflict between Newegg's product return procedure and those on a Seller's Policy Page, the Seller's Policy Page return procedures shall apply to your orders from that seller.

Warranties; All Product Sold "AS-IS" or "With All Faults"

NEWEGGFLASH IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY NEWEGGFLASH ARE NOT MANUFACTURED BY NEWEGGFLASH. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). NEWEGGFLASH ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. NEWEGGFLASH MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. NEWEGGFLASH DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

ALL ITEMS SOLD THROUGH NEWEGGFLASH ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR NEWEGGFLASH , ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

Limitation of Liability

IN ALL CIRCUMSTANCES NEWEGGFLASH 'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. NEWEGGFLASH SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. NEWEGGFLASH SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT NEWEGGFLASH HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

Recordings

Newegg does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with Newegg unless Customer has provided clear and conspicuous notice to Newegg and has received prior written consent from Newegg.

General Terms and Conditions

Orders

An order is not binding upon NeweggFlash until it is accepted; NeweggFlash 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 NeweggFlash. 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 Newegg 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 Newegg.

Risk of Loss

NeweggFlash 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. NeweggFlash reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow NeweggFlash to sign appropriate documents on Customer's behalf to permit NeweggFlash 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. NeweggFlash will advise Customer of estimated shipping dates, but NeweggFlash 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.

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between NeweggFlash and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law 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. NeweggFlash and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against NeweggFlash that is more than one year after the date of the applicable invoice.

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 California 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 NeweggFlash's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between NeweggFlash and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between NeweggFlash 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.


(V4.03: 3-1-12)