1. TERMS AND CONDITIONS

Your use of the PhusionPC.com web site (the “Site”) and our services, including phone orders, all purchases,  and inquiries, from Phusion PC is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below personally or as an agent for any business entity you represent. The term “Customer” means you or the business entity you are ordering goods or services for.  If you do not agree to these terms and conditions, please do not use this site and please do not submit any orders for products or services. The terms and conditions posted on this website, including the warranty policy, are public information and must be adhered to by anyone doing business with Phusion PC unless there is a written contract signed by an officer of Phusion PC.

2. GENERAL TERMS AND CONDITIONS.
Customer agrees that Phusion PC is not liable for mismatched product pictures or mistakes in product information. Phusion PC reserves the right to change products and specifications and those listed on the Site may not be current. Customer agrees to verify the specifications of each product with the order. Phusion PC is only responsible for products named on the invoice.  

Our sales representatives are not authorized to make any representations or promises related to any product or services that exceed these terms and conditions and the warranty.  Any additional provisions to your purchase must be made in writing signed by an manager of Phusion PC.

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Customer agrees that each item in a multi-item purchase from Phusion PC shall be treated independently unless stated otherwise in the memo section of their order. That is, defect, replacement, and cancellation of one item does not constitute the voiding of the entire purchase. Each item shall be considered independently for warranty or refund purposes unless the customer has stated otherwise in the invoice memo.

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Customer agrees that shipping costs and expenses will not be refunded once we ship.

It is the Customer's responsibility to look over their email confirmation and make sure all shipping, billing and item purchased are correct. If you do not get an email confirmation, call us to see if the order went through. Do not submit multiple orders or the customer will end up paying full restocking and shipping fees.

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Order cancellation will be accepted by phone with a sales representative or by emailing support@phusionpc.com (only before the order is processed). Orders cannot be canceled by leaving voice mails. Cancellation on orders already charged carries a 4.9% credit card processing cancellation fee. If an order has already been built in our facility (entered Stage 4) but has not been shipped, there will be an additional 15% restocking fee which covers expenses for taking the system apart and re-stocking the hardware.

Material fee for boxes, transportation, etc. are included in the shipping fee with the exception of shipping insurance and calculated on per shipment basis. Customer shall not be liable for additional shipping charges for purchases Phusion PC chooses to ship in multiple packages unless they request and agree to shipping upgrades and upgrade fees. Customer is responsible for all loss after products leave Phusion PC 's place of business and Customer should purchase insurance to cover any loss in transit. Phusion PC does include shipping insurance with every FedEx and UPS shipment.

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“Customer” agrees that Phusion PC will not liable for shipper's shipping delays.

A. WEB ORDERING SECURITY:
Protecting your information is a priority for us. We use PayPal's Advanced Encryption Standard (AES) 256-bit CBC encryption technology to protect the security of your online order information. When you are about to enter your credit card information, there might be an icon of a gold lock at the bottom right corner of the browser window. Also you can look at your address bar and see if it starts with “https://”. Some versions of browsers and some firewalls don't permit connection through secure servers. In that case, you won't be able to connect to the server and therefore won't be able to place an order through an insecure connection. If you cannot access the secure server for any reason, please contact us to place an order, 757-768-7183. 

B. TRADEMARKS.
All trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Phusion PC and these companies.
 

C. MAKING PURCHASES.
If you wish to purchase products offered on the site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information you provide to Phusion PC will be accurate complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases.

D. WHERE WE SHIP.
We ship to any physical address that the shipper/courier can ship to domestically or internationally. We may accommodate (“Customer”) who need to have an item shipped to an APO/FPO address or PO Box depending on the circumstances. Due to the number of wrong addresses from customers, we now charge the face value that the shipper/courier charges us to reroute your package if you did not enter the address correctly. This charge is anywhere from $5-$25 and you agree if your address is wrong, Phusion PC is authorized to charge your credit card for these fees.

E. WHEN WE SHIP.
Orders received before 3:00 PM PST are usually processed the same day for product build. Products are shipped only after build which can take up to 10 business days on a standard basis. Your order may be delayed if your ship to address does not match what your credit card issuer has on their file. Some orders that are shipped from fulfillment warehouses may require longer for the item to ship. We may also ship the orders with multiple items from different warehouses so it is possible you get the items on different days. Due to the many circumstances such as unable to charge your card or verify your address, we cannot guarantee when your order is shipped out. Also if you choose next day air service, it does not necessarily mean you will get it the next day from the order date, it means that you will get it the next day from the date we ship the order. Phusion PC reserves the right at any time after receipt of your order to delay your order for any reason.

F. SHIPPING DELAYS.
Once an order is shipped, it is up to the shipper courier to deliver the products; we will not be able to stop the shipment once it is shipped. If the shipper/courier loses the package, the shipper courier will put a tracer on the package. Tracers take around 3 days for air packages and 7 business days for ground packages. We will not be able to ship out replacement packages until the shipper courier confirms that the package is lost/will not be delivered to its destination and they will reimburse us. Without confirmation from the shipper courier, we will not know for sure if you will get two shipments if we ship out another one. Another delay is if there is no one to sign for the package, every package we ship usually requires a signature, if a package is returned to us because no one was available to sign for it or the address was input incorrectly at the time you enter the order, you will be charged again to ship it out a second time.

G. PRICING AND TYPOGRAPHICAL ERRORS.
Due to the fast pace of the computer industry, all prices are subject to change without notice. We make every effort to list the most accurate, up to the minute information. Despite our efforts, some items on our website may be miss-priced. If a product is listed at an incorrect price due to a typographical, photographical, or technical error or error in pricing from our vendors, Phusion PC reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. If your credit card has already been charged for the incorrect price, we will immediately refund your card and cancel your order. You may also repurchase it for the correct price if you wish to. Due to the volatility in pricing for computer products, we do not match competitor's pricing and we will not offer price protection beyond the 24hours of purchase. Example: If Intel drops the price of a processor 5 days after your purchase, that is beyond our control and our cost for that same processor when we shipped is also much higher than our current selling price. We will not be able to refund the difference since we had to purchase the processor at a much higher cost to send it to you when you placed your order.

H. ORDER ACCEPTANCE POLICY.
Your receipt of an electronic or phone order confirmation does not signify our acceptance of your order. Phusion PC reserves the right at any time after receipt of your order to accept or decline your order for any reason.

I. DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD.
YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PHUSION PC. ARISING FROM ANY PRODUCT SOLD BY PHUSION PC SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL PHUSION PC, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

1. DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE PHUSIONPC.COM WEBSITE. THE PHUSIONPC.COM WEB SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS”. PHUSION PC. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PHUSIONPC.COM SITE, THEIR OPERATION, CONTENTS, INFORMATION, OR MATERIALS ON THE SITE. PHUSION PC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR THEIR USE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT PHUSION PC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE PHUSION PC SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

J. TITLE TRANSFER.
PHUSION PC retains title to parts and complete systems purchased until the said purchaser pays for items in full at which time the title passes to purchaser.

K. GOVERNING LAW.
You agree that any legal action brought against Phusion PC shall be governed by the laws of the State of Virginia without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any arbitration arising from your use of or orders and purchased made on the Phusion PC sites or from Phusion PC shall be in Newport News, Virginia. All actions between the parties related to purchases and sales from Phusion PC shall be resolved by binding AAA arbitration in Newport News Virginia.

L. RETURNS.
Refunds are only issued for the sale amount at current selling market value (see section “O”) of the component(s) inside the computer, and does not include freight charges. Additionally, a 20% restocking fee is applied to computer system unless: 1. There are defective hardware component(s) inside the computer such as a memory stick causing stability/performance issues, and 2. Phusion PC or a third-party computer company contracted by Phusion PC has verified that the stability/performance issues are in direct result of the hardware inside the computer and NOT the software such as the operating system, drivers, or software. Phusion PC cannot offer a full refund for the purchase price of the product(s) unless there were issues such as defective hardware component(s) inside the computer such as a memory stick causing stability/performance issues. The returned merchandise must include its original packaging, manuals, and all accessories. All sales on software items are final. Opened accessories such as the monitor and speakers will not be refunded. Phusion PC will not refund shipping costs and will not pay shipping for returning packages. ORIGINAL SALES RECEIPT REQUIRED FOR ALL RETURNS. THE 30 DAY MONEY BACK GUARANTEE IS ONLY HONORED IF THE COMPUTER SYSTEM IS RETURNED TO PHUSION PC WITHIN 30 DAYS FROM DATE OF ORIGINAL DELIVERY AND THE COMPUTER MUST HAVE DEFECTIVE HARDWARE. CUSTOMER IS RESPONSIBLE FOR ALL SHIPPING FEES FOR RETURNS. THE REFUND VALUE WILL BE THE FULL PURCHASE PRICE OF A NEW PHUSION PC COMPUTER AT CURRENT MARKET VALUE. Before making any return, back up all software and data and remove any personal information, confidential information or private content which you do not want viewed or used by Phusion PC or any third party. Phusion PC is not liable for lost data or misuse of data on computers that are returned for any reason.

M. WARRANTY SERVICE:
Phusion PC will cover shipping costs back and forth and replace the part(s) within the first 30 days of receiving your computer system. After 30 days you will be held liable for shipping costs back and forth, and Phusion PC will honor warranty service and replacement only, not for shipping. Phusion PC may also use similar products or similar to new products for all repairs to computer systems order if the product first indicated is out of stock. For example: If a certain hard drive, such as a Western Digital 80GB hard drive is out of stock, Phusion PC replaces it with an equivalent such as a Seagate 80GB hard drive. Phusion PC either uses an equal or better product at no cost to the customer. If you request for Phusion PC to use a specific product for your order and would not like to substitute it with alternatives, please indicate it with an email to support@phusionpc.com and on the return package. Customer must specify and a representative will confirm before replacement.

N. REFUSED SHIPMENTS.
 Any product that Phusion PC ships out to Customer comes back to Phusion PC as refused delivery, Customer will subject to fees. A restock fee of 20% will be applied to computer system. Also, shipping fees sending the package to the Customer and receiving the package back from the Customer will not be refunded.

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O. CURRENT MARKET VALUE.
Since every computer system is customized to the Customer’s needs, it becomes difficult to return computer systems for a full refund. If you are having defective parts issues with the computer system, we will be more than happy to offer a full refund, minus shipping costs for the purchase price of the computer at its current market value. For example, if you purchased a system from Phusion PC at the price of $1,500.00 after a length of time, you are requesting a full refund (and you have a verified defective hardware component such as a memory stick, etc causing stability/performance issues within the first 30-days of original delivery) we will offer a full refund for the hardware at its current selling market value. If the same system is now available for $1,300.00, Phusion PC will issue a refund of $1,300.00 which will allow you to still purchase a computer with the same configuration that you originally ordered at $1,500.00. This protects the customer and Phusion PC from price adjustments from manufactures that are out of both Phusion PC and the customer’s control. In the end, the customer will still be able to buy a new computer with the same specifications from the original purchase.