Agreement and Terms and Conditions of Sale
The Customer agrees and accepts the following terms and conditions which are incorporated into and part of the Purchase Order, and are subject to change without prior written notice and/or at Enlivened Tech’s sole discretion on any future orders.
PAYMENT- Terms of payment are at Enlivened Tech’s sole discretion unless otherwise noted upon a prior agreement made. We accept Check, Wire, or ACH payments. We do not accept any form of payment via credit card. All checks must go through a Banking Clearance House before products are released for shipping.
DELIVERY OF GOODS– Please allow at least 7 business days from the time of your order for the completion of items to be processed. This timeframe does not include logistic transit time. Larger orders may require more time; please contact Enlivened Tech for additional information about availability and/or expedited request.
Any international shipping request will require the Customer to furnish Enlivened Tech with the established Logistics Broker’s address and contact information of that destination/location to be delivered through territorial customs. Enlivened Tech will not be held responsible for goods not delivered or released to territories without the communication of an established Logistics Broker. Timeframes for ETA with tracking numbers will be provided but not always guaranteed to be received during that time.
SHIPPING COST- The customer is responsible for any shipping, handling, and any tax associated with purchases. This would include but not limited to, Tariff charges, customs, tax and duties, banking fees, Custom fees, Custom Brokerage or any Compliance or Admin fees or any other related charges on your behalf for any goods to be imported.
RECEIVING DAMAGED GOODS- Customer shall examine and thoroughly inspect goods upon delivery and receipt. If any goods arrive in damaged condition, the Customer may reject the delivery. Any damaged product must be notated by the driver and signed by both parties on the Bill Of Lading provided by the driver. At this time the driver will report to their dispatch to inform them of the damaged goods and provide a claim number. The customer will be required to take pictures of any damaged product that has been noted on the driver’s Bill Of Lading. If damage has been discovered after delivery is completed, Enlivened Tech will not be responsible. As in good faith, if all the above-required information has been received, the Customer must contact Enlivened Tech within twenty-four (24) hours of receipt so claim can be filed with logistics. Return of any items will be determined by the Seller and will be handled on a case-by-case bases and buyer could be responsible for any charges accrued to ship. The seller reserves the right and has the option to either provide a comparable replacement item, credit, or make a full refund.
ADDITIONAL- Loss or damage that occurs during shipping by a local carrier utilized by Enlivened Tech will be Enlivened Tech’s responsibility. Proof of damage/loss will be required. Please refer to the section ‘Receiving Damaged Goods’. Loss or damage that occurs during shipping by a carrier selected by the Customer is the Customer’s responsibility. It is recommended that the Customer request to have the product covered under the shipping insurance. Additional fees acquired will be at the cost of the Customer.
RETURNS & WARRANTY ON HARDWARE- Enlivened Tech provides a standard (30) day warranty. The invoice has defined what reflects the warranty. The warranty will cover hardware that is defective from normal wear and tear: Hard drive, Power Supply/AC Adapter, Mainboard/Motherboard, and Memory. There is a 60-day warranty that will cover a battery needing to be replaced in a laptop. Enlivened Tech reserves the right to complete any RMA repair or ship parts to the Customer. Customers may submit a request at https://enlivenedtech.com/rma-customer-requests/ Go to ‘’Contact US’’, click on Customer login & enter Password (EnlivenedTechRMA). Please allow twenty-four (24) hours for your request to be received. You may also email us at Team@enlivinedtech.com Customer Service hours are 8:00 am to 4:30p EST, or you may call us at 513-891-2261. The warranty period is not extended if we have already replaced a warranted product or any part.
To be eligible for a return, the equipment must be in the same original condition as when shipped to the Customer, with the original packing and box. All the original hard drives, memory, power cords, and other items installed or included with the equipment must also be returned. No returns will be allowed for products that are damaged while in the Customer’s possession or control. Enlivened Tech at our sole discretion may exchange items of product equivalent to the same equipment purchased or which may be equal of value to the item. Before you ship the product to us, make sure to back up any data that may have already been installed on the hard drive. Remove any confidential, proprietary, or personal information. We are not responsible for any of your confidential, proprietary, or personal information; lost or corrupted data; or damaged or lost data.
WAIVER OF IMPLIED WARRANTIES and LIMITATION OF LIABILITY– BEYOND THE TERMS OF ANY EXPRESS WARRANTY, SELLER MAKES NO WARRANTY, INCLUDING THAT THE GOODS SOLD HEREUNDER SHALL BE MERCHANTABLE OR THAT SUCH GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. IT IS UNDERSTOOD AND AGREED THAT IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COSTS OF RENTING REPLACEMENTS AND ADDITIONAL EXPENSES, RESULTING FROM SELLER’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF SELLER, OR OTHERWISE. VENDOR’S TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT AND THE ORDER SHALL BE LIMITED TO THE TOTAL FEES DUE HEREUNDER FOR THE INVOICE UPON WHICH A CLAIM IS BASED.
INDEMNIFICATION AND HOLD HARMLESS– Customer agrees to fully defend, indemnify, and holds Seller harmless from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind or way whatsoever related to the sale and use of goods herein, including any actions alleging omissions or negligence on the part of Seller, its officers, owners, personnel, employees, agents, and contractors. The indemnification and hold harmless includes attorney’s fees and related costs or expenses, and any reimbursements to Seller for all legal fees, expenses, and costs incurred by it.
SOFTWARE- Seller has no right, title, or interest in any software that may be contained in or a part of the goods. Title to software will remain with the applicable licensor(s). Any rights that Customer may have with respect to the software shall arise only pursuant to license agreements between Customer and the licensor(s), which licenses may be contained within the packaging associated with the Products. Customer agrees to use all software in accordance with such licenses and shall comply with and conform to all laws, ordinances, and regulations in any way relating to the possession and use of the software and to hold Seller harmless from any claims which may arise therefrom, including claims arising out of Customer’s use.
GOVERNING LAW- The Order and this Agreement shall be governed by the laws of the State of OHIO, without reference to conflicts of law principles. Jurisdiction for any legal suit, action, or proceeding arising out of or relating to the Order shall be in Ohio. Both parties acknowledge that the transaction is the subject matter of this Agreement bears a reasonable relation to the State of Ohio and agree that the law of Ohio will govern their rights and duties and that venue shall be in Hamilton County, Ohio.
FORCE Majeure- Neither party shall be liable for any failure to perform or delay in performance of this Agreement to the extent that any such failure arises from acts of God, war, civil insurrection or disruption, riots, government act or regulation, strikes, lockouts, labor disruption, cyber or hostile network attacks, inability to obtain raw or finished materials, inability to secure transport, or any cause beyond such party’s commercially reasonable control.
ENTIRE AGREEMENT- Customer agrees to comply with all applicable laws and regulations of the various states within the United States, including all applicable government export laws and regulations.
