Sales Terms and Conditions
Applicable to the People’s Republic of China (excluding Hong Kong, Macau, and Taiwan)
“Seller” refers to Shanghai Digital China Co., Ltd., i.e. HP authorized reseller in charge of the sales business of this HP China Online Store (“HP Online Store”).
“Buyer” or “Customer” refers to the party who purchases the products and/or services from Seller via HP Online Store.
“Sales Agreement” hereby specifically refers to the orders placed by Buyer via HP Online Store and accepted by Seller. The Implementation of the Sales Agreement shall comply with this Sales Terms and Conditions. Buyer shall place the order via HP Online Store only after reading, understanding and accepting this Sales Terms and Conditions.
Sales Agreement shall form officially after the orders placed by Buyer via HP Online Store are accepted and confirmed by Seller. Buyer promises that the products and services purchased under these terms are for Buyer’s internal/self use and not for further commercialization.
Configuration, Price and Payment
The configuration, price and payment conditions of the product shall be decided upon the information listed on HP Online Store when Buyer places the order.
Title and Risk
Title and risk of loss or damage to hardware products will pass upon delivery to Buyer or its designee.
Seller will use all commercially reasonable efforts to deliver products in a timely manner. To the extent permitted by law, Seller may elect to deliver software and related product/license information by electronic transmission or via download.
Buyer is granted a non-exclusive license to use the version or release of the delivered HP-branded software. Permitted use is for self use/internal purposes only (and not for further commercialization), and is subject to any specific software licensing information that is in the software product or its Supporting Material. For non-HP branded software, the third party’s license terms will govern its use. Buyer may not sublicense, assign, transfer, rent, or lease the software or software license except as permitted by HP.
All HP-branded products are covered by HP’s limited warranty statements provided with the products or otherwise made available in Supporting Material. Non-HP branded products and services receive warranty coverage as provided by the relevant third party supplier.
Intellectual Property Rights Infringement
HP will defend and/or settle any claims against Buyer that allege that an HP-branded product as supplied under this Agreement infringes the intellectual property rights of a third party. HP will rely on Customer’s prompt notification of the claim and cooperation with our defense. HP may modify the product so as to be non-infringing and materially equivalent, or HP may procure a license. If these options are not available, to the extent permitted by law, Seller or HP will refund to Buyer the amount paid for the affected product in the first year or the depreciated value thereafter. Seller and HP are not responsible for claims resulting from any unauthorized use of the products.
Limitation of Liability
To the extent permitted by law, Seller’s liability to Buyer under this Agreement is limited to the amount of relevant Order. Neither Buyer nor Seller will be liable for lost revenues or profits, downtime costs, loss or damage to data or indirect, special or consequential costs or damages. This provision does not limit either party’s liability for: unauthorized use of intellectual property, death or bodily injury caused by their negligence; acts of fraud; wilful repudiation of the Agreement; nor any liability which may not be excluded or limited by applicable law.
Neither party will be liable for performance delays or non-performance due to causes beyond its reasonable control, except for payment obligations.
Global Trade Compliance and Recycling
Products and services provided under these terms are for Customer’s internal/self use and not for further commercialization. If Customer exports, imports or otherwise transfers products provided under these terms, Customer will be responsible for complying with applicable laws and regulations and for obtaining any required export or import authorizations. Seller or HP may suspend its performance under this Agreement to the extent required by laws applicable to either party. For countries where HP is legally required to take back and recover Waste Electrical and Electronic Equipment (“WEEE”), HP agrees to recover WEEE on the terms set out for each country at hp.com/recycle.
The Sales Agreement will be governed and interpreted by the laws of the People’s Republic of China. If the disputes arising from or relating to the Sales Agreement cannot be resolved through amicable negotiation, either party may bring the case to the courts of the locale where Seller is based for litigation.