PLEASE READ THESE TERMS CAREFULLY! THEY INCLUDE AN ARBITRATION PROVISION REQUIRING INDIVIDUAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS. By submitting your order or accepting or using products, you acknowledge that you agree to these terms in their entirety.
1. Application. These Consumer Terms of Sale (“Terms”) apply to all consumer purchases from Dell or of Dell products, software, services or support (“Product”) in the United States.
2. Additional Terms. The Terms consist of this document and Dell’s:
a. U.S. Return Policy,
b. Consumer Warranties (for Dell-branded hardware purchases),
c. License Agreements (for software purchases),
d. Consumer Service Contracts (for services purchases),
e. Privacy Statement (describing how Dell collects, uses and shares your personal information), and
3. Orders, Acceptance and Cancellation. Your order is an offer to buy. Dell may send an order confirmation email to acknowledge receipt of your order, but Dell does not accept your order until we send you notice that the Product has shipped. Dell may process payment for and ship parts of an order separately. Dell reserves the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.
4. Pricing and Availability. Prices and promotions are subject to change. Dell strives to communicate accurate pricing and product information, but errors may occur. In the unlikely event that an error impacts your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order.
5. Taxes and Fees. Unless you provide Dell with a valid and correct tax exemption certificate, you are responsible for sales and other taxes associated with your order.
6. Shipping. Product title passes to you when the Product ships. You are responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt the carrier asks you to sign. Dell is not responsible for any visible shipping damages not noted on the delivery receipt.
7. Warranty Disclaimer. DELL INCORPORATES ITS CONSUMER WARRANTIES REFERENCED ABOVE WHICH APPLY TO PURCHASES OF DELL-BRANDED HARDWARE. DELL MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, MAINTENANCE OR SUPPORT OR FOR NON-DELL BRANDED PRODUCT, WHICH ARE PROVIDED "AS IS," AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AND CONDITIONS AGAINST HIDDEN OR LATENT DEFECTS. SOME STATES DO NOT ALLOW LIMITATION OF WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
8. Receiving Warranty or Service Support. IT IS YOUR RESPONSIBILITY TO BACK UP ALL EXISTING DATA, SOFTWARE AND PROGRAMS BEFORE RECEIVING SERVICES OR SUPPORT (INCLUDING TELEPHONE SUPPORT). DELL AND/OR YOUR THIRD-PARTY SERVICE PROVIDER WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS, OR FOR LOSS OF USE OF SYSTEM(S) ARISING OUT OF THE SERVICES OR SUPPORT OR ANY ACT OR OMISSION, INCLUDING NEGLIGENCE, BY DELL OR YOUR-THIRD-PARTY SERVICE PROVIDER. Parts used in repairing or servicing Product(s) may be new, equivalent-to-new, or reconditioned.
9. Telephone Communications. Telephone communications with us, our agents or independent contractors may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to such monitoring or recording. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you on that number via text message or telephone, including via prerecorded or auto-dialed calls. This consent is for non-telemarketing calls only.
10. Limitation of Liability. In no event will Dell be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Dell has been advised of the possibility of such damages. YOU AGREE THAT DELL’S LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE ORDER OR PRODUCT AT ISSUE. Some states do not allow limitation of certain damages, so these limitations may not apply to you. If you are a New Jersey resident, this provision will not apply to claims for damages caused by Dell’s intentional, reckless or grossly negligent conduct.
11. Purchases may not be resold or exported. Your purchase is for your own use, not for resale, export, re-export or transfer. Your purchase is subject to and you are responsible for compliance with the export control and economic sanctions laws of the United States and other applicable jurisdictions (“Export Laws”). Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to the Export Laws.
12. Governing Law. THESE TERMS AND ANY DISPUTE BETWEEN YOU AND DELL WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAW.
13. Dispute Resolution and Binding Arbitration. YOU AND DELL AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND DELL WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
a. This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and Dell, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase ("Dell") that relates in any way to your purchase or Product, these Terms, or Dell's marketing or advertising (“Claims”).
b. You still have the right to bring individual Claims in small claims court, to the extent that you qualify.
c. Dell will pay the arbitration/arbitrator fees.
d. Arbitration shall be administered by either:
i. The American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org; or
ii. JAMS, subject to the JAMS Comprehensive Arbitration Rules, available at (800) 352-5267 and www.jamsadr.com.
e. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
f. You and Dell agree to arbitration only on an individual basis. Neither you nor Dell may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This Paragraph controls over any inconsistent term in any other agreement.
g. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).