SK Hynix 128GB PC4-2933Y Server Memory DDR4 RAM (P/N P11057-0A1)

TERMS AND CONDITIONS OF SALE

By purchasing this item, the Buyer expressly agrees to the following terms, which form a binding contract between Buyer and Seller under the laws of the Commonwealth of Pennsylvania.

1. Sale of Goods & Payment. Seller agrees to sell and Buyer agrees to purchase the goods (the “Goods”) as listed in this eBay listing. All payments must be processed strictly through eBay Managed Payments. Solicitation for off-platform sales is prohibited.
2. Errors, Inaccuracies, and Right to Cancel.
   a. Pricing Errors: Seller strives for accuracy but does not warrant that product descriptions, pricing, or other content is error-free. In the event of a typographical error, technical glitch, or pricing mistake (e.g., a “decimal point error”), Seller reserves the right to cancel any orders placed for the item at the incorrect price, regardless of whether the order has been confirmed or payment received.
   b. Remedy: If an order is canceled due to a pricing error, Seller’s sole obligation is to issue a full refund. Buyer expressly waives any claim for “loss of bargain” or expectation damages resulting from such cancellation.
3. Delivery and Risk of Loss (“Porch Piracy”).
   a. Delivery Definition: Pursuant to a specific agreement between the parties (UCC § 2509(d)), Delivery is deemed legally complete when the common carrier (USPS, UPS, FedEx, etc.) marks the package as “Delivered” to the address provided in the Order Details.
   b. Transfer of Risk: Title and Risk of Loss pass entirely to the Buyer at the moment of the carrier’s delivery scan. Seller is not liable for theft, “porch piracy,” or loss that occurs after the carrier claims delivery. Buyer is responsible for providing a secure delivery location.
   c. Freight Forwarders: Per eBay’s Money Back Guarantee policy, the use of freight forwarders, third-party logistics, or re-shipping services by the Buyer voids all Seller warranties and protections.
4. Item Condition and Commercial Purpose.
   a. eBay Categories: The condition of the Goods is defined strictly by the eBay category selected for this listing:
   • “For Parts or Not Working”: Goods are defective, incomplete, and sold strictly for scrap or harvesting. No functionality is guaranteed.
   • “Used” / “Refurbished”: Goods have been previously used and may show signs of wear. Battery life and internal components are not guaranteed unless specified.
   • “New” / “Open Box”: Goods are unused but may have opened packaging. Manufacturer warranties are not guaranteed by Seller.
   b. B2B / Commercial Transaction: Buyer acknowledges that these Goods are intended for commercial refurbishment, wholesale, or professional repair. Buyer represents they are purchasing for business or professional use, not for personal, family, or household use.
5. Dangerous Nature of Goods.
   a. Hazards: Buyer acknowledges that used electronics may contain hazardous materials (lithium-ion batteries, capacitors, heavy metals).
   b. Assumption of Risk: Buyer voluntarily assumes all risks of personal injury, property damage, fire, or death resulting from the use, repair, modification, or disassembly of the Goods.
6. Data Sanitization & Inadvertent Disclosure.
   a. Protocol: Seller performs industry-standard data sanitization on all devices. In the unlikely event Buyer discovers residual personal or proprietary data, Buyer agrees to: (i) Immediately cease use; (ii) Refrain from copying/distributing said data; (iii) Notify Seller within 24 hours; and (iv) Return the device to Seller for secure sanitization.
   b. Remedy: Seller will provide a prepaid label and refund/replacement. Buyer agrees to indemnify Seller against damages resulting from Buyer’s failure to report or unauthorized dissemination of such data.
7. Disclaimer of Warranties.
   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (AND SPECIFICALLY PURSUANT TO 13 PA. CONS. STAT. § 2316), THE GOODS ARE SOLD “AS IS” AND “WITH ALL FAULTS.” SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8. Limitation of Liability & Indemnification.
   a. Liability Cap: Seller’s maximum liability shall be strictly limited to the purchase price paid plus original shipping costs.
   b. No Consequential Damages: IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DOWNTIME, LOSS OF GOODWILL, OR DAMAGE TO OTHER EQUIPMENT.
   c. Indemnity: Buyer agrees to indemnify and defend Seller against any third-party claims arising out of Buyer’s refurbishment, resale, or disposal of the Goods.
9. Cumulative Remedies and Fraud.
   Seller reserves the right to pursue civil litigation against the Buyer for return fraud (e.g., swapping items, returning empty boxes) or abuse of eBay policies. An eBay Money Back Guarantee decision does not release the Buyer from civil liability for fraud or breach of contract.
10. Governing Law, Jurisdiction, and Venue.
    [NOTICE]
    a. Governing Law: This Agreement is governed by the internal laws of the Commonwealth of Pennsylvania.
    b. Exclusive Venue: Buyer consents to the exclusive jurisdiction and venue of the state courts of Westmoreland County, Pennsylvania. Buyer acknowledges that any fraud or breach causes injury occurring strictly within Pennsylvania.
    c. Wrongful Venue Costs: In the event Buyer files a lawsuit or claim against Seller in a jurisdiction other than Westmoreland County, PA, Buyer agrees to pay all of Seller’s reasonable attorneys’ fees and costs incurred to dismiss or transfer said action to the proper venue.
    d. Service: Buyer consents to service of process via Certified Mail to the address provided in the Order Details.
11. Severability.
    If any provision of this Agreement is held to be invalid (including by eBay policy), such provision shall be severed, and the remaining provisions shall remain in full force.