SELLGPU LLC (‘SellGPU’, ‘us’, “we’ or ‘our’) is a Company which provides the following “Services”:
We purchase your used Computer Graphics Cards (“GPU”), Processors (“CPU”), and Computer Components (“Component”). You receive an “offer” from us by identifying your component and its condition on our Website. You provide us with your contact details and accept the offer via the online form on our website.
Thereafter you send us your used computer component and we will test it to confirm that it is in the condition you have described. If your component proves after testing to be in the condition you described we will pay you by either Paypal or check. If it does not meet the standards you have described we will contact you to ask if you wish to have the component returned or if you would prefer to have it recycled.
This Agreement is between SellGPU and you. When you use SellGPU Services you agree to abide by the following terms:
2. Requirements of Sale. In order to sell a COMPONENT or to complete any other transaction with SellGPU, you must:
(i) create an account or place a trade-in order;
(ii) Provide true, up to date and accurate account information about yourself and any component you submit to us for sale; and
(iii) Comply with all applicable laws and regulations, including all import and export laws as described in Section 13 below.(iv) Be the owner of the item or be authorized to sell the item to SellGPU, free of any liens or encumbrances.
3. Component Eligibility. We determine, in our sole discretion, which brands and models of Components are eligible for purchase by us and for which which we will provide an offer. SellGPU may terminate the eligibility of certain components’s at any time and without advanced notice, but such termination will not affect any components for which we have already made an offer that you have accepted.
4. Offer. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your COMPONENT to us at the offered price. If you do not accept our offer, the specific offer expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the COMPONENT is still eligible for purchase, the new offer may be different as prices are subject to change. Any offer made by us is open for acceptance for 10 calendar days. You must ship your COMPONENT before 10 calendar days have passed in order to secure the price offered to you. We reserve the right in our sole discretion to alter the terms of the offer if 10 calendar days have passed and you have not shipped the COMPONENT to us. For the avoidance of doubt, your acceptance of the offer is final and you may not change your mind later about accepting such offer.
5. Valuation. All offers will be based on our own determination of the COMPONENT value in reliance on the accuracy of the information you supply us. SellGPU will use its discretion to determine the value, taking into account factors that may include the COMPONENT’s model, functionality and condition.
6. Postage and Packing. We offer free postage within the US only of both your item to us for inspection and to return it to you if it does not pass our inspection. All postage is via USPS. We also offer suitable free packing to allow you to send your item to us. Packing and shipping recommendations provided to you by us should be followed in order to avoid possible damage to or loss of the COMPONENT in transit. We do not accept any liability for items that go missing or are damaged in transit. International customers are responsible for their own shipping costs.
7. Condition and Inspection of COMPONENTs. SellGPU only purchases COMPONENTs that are in good working order and pass our inspection. We will inspect all COMPONENTs that are received by us. We reserve the right to reject any COMPONENT received by us, including without limitation, to reject any COMPONENT:
(a) not conforming to the description you provided to us;
(b) any COMPONENT modified in such a way that it no longer conforms to the original factory specifications;
(c) any COMPONENT no longer complying with applicable laws or regulations;
(d) any COMPONENT damaged or lost in transit.
If we reject the COMPONENT for any of these reasons, the original offer automatically expires and is rescinded. We will inform you by email of a rejection of your COMPONENT and give you a choice of having it returned to you or recycled. You are responsible for responding to our email. If we receive no response from you within 10 days of our original email your COMPONENT will be recycled.
8. Amended offers We reserve the right to revoke the original offer and provide a revised offer for the COMPONENT if:
(a) the COMPONENT is not as described by you:
(b) the COMPONENT is not posted to us by you within 10 days of accepting the offer;
(c) The COMPONENT is different from identified by you when your offer was calculated;
(d) Although we make every effort to ensure all information on our website is accurate and up to date however from time to time, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, SellGPU reserves the right, at any time prior to payment, to correct an error and provide a revised offer.
In the event we recalculate the offer after the COMPONENT has been received and inspected, you shall have the option of accepting or rejecting a revised offer. If you accept the revised offer, you will be paid in line with these terms and conditions. If you reject the revised offer, we will return the COMPONENT to you at the address you have provided. We will give you a period of five (5) days after SellGPU presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the “New Offer Period”). If the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you. For the avoidance of doubt, your acceptance of the revised offer is final and you may not change your mind later about accepting such offer.
9. Payment. Payment for any COMPONENT will be made within 7 days of your COMPONENT passing our stress tests. Payments are made either by check or by Paypal. Where you choose to be paid by check the check is posted to you at the address you have provided and may arrive outwith the seven day period. Where you choose to be paid by Paypal you must have a Paypal account and provide us with the email that is linked to that account. Paypal charge their own fees for a transfer. Any fee due to Paypal will be absorbed by you within your payment. For avoidance of doubt we will not pay or contribute to any Paypal fees. Payments to international customers may not be completed within the above timeframes.
10 Passage of Risk. You remain responsible for the risk-of-loss for any COMPONENT until we open the packaging containing the COMPONENT. Our responsibility for the risk-of-loss ceases at the point we deliver the package to the carrier if we return the COMPONENT to you for any reason.
11. Passage of title. Title to the applicable COMPONENT passes to us upon our acceptance of the COMPONENT for the original offer or the new offer, as applicable. Acceptance of the COMPONENT shall be either by our confirmation to you that we have accepted the COMPONENT or by payment of the offer amount, whichever the earlier.
12. Your Representations and Warranties. You agree that:
(a) you have all right, title, and interest in and to any and all COMPONENTs you seek to sell to us.
(b) all COMPONENTs you sell to us comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 13 below;
(c) all COMPONENTs you sell to us are not counterfeit, stolen, or fraudulent.
(d) you represent and warrant that the COMPONENT is free of any liens or encumbrances.
(e) you indemnify SellGPU from all claims or losses sustained by SellGPU as a result of any breach of your representations and warranties.
13. Import and Export Laws. You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer any COMPONENT without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any COMPONENT to us, including without limitation, valuation, classification and duties applicable with the import of any goods. U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to SellGPU for sale, any COMPONENTs that would violate the provisions of this Section 13.
14. No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SELLGPU SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH SELLGPU WILL MEET YOUR REQUIREMENTS.
15. Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLGPU OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH SELLGPU UNDER THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SELLGPU ARISING OUT OF OR RELATING TO YOUR USE OF THE SELLGPU SERVICES EXCEED $100.
16. Indemnity. You, at your own expense, shall indemnify, hold harmless and defend SellGPU, and as applicable its directors, officers, employees and agents, against any adverse consequences that SellGPU suffers arising from or relating to any negligent act or omission or wilful misconduct by you. For purposes of this Agreement, “adverse consequences” shall mean all actions, suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, orders, decrees, rulings, damages, costs, liabilities, obligations, losses, expenses, and fees including, without limitation, court costs and reasonable legal fees.
17. Entire Agreement/No Waiver. This Agreement embodies the entire agreement and understanding between SellGPU and you with respect to the subject of this agreement and supersedes all prior and contemporaneous agreements and understandings, or any other information previously provided by either party either directly or indirectly to the other party, other than this agreement relating to the subject matter hereof. No waiver by SellGPU of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
18. Amendment. The terms of this Agreement can be altered at any time by us and without prior notice to you. Any alterations will be published online and will become effective immediately following publication. Your continued use of our Services constitutes your acceptance of any amendment. If you do not accept any amendment please discontinue use of our services immediately. It is your responsibility to review this agreement each time you use our services. The last date this Agreement was revised is set forth below.
19. Force Majeure. We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, embargoes, government orders, delays in transit or delivery, failure of sources of raw materials or any other force majeure event.
20. Electronic Notices and Transactions. You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your COMPONENT by electronic means. You authorize us to provide you with terms and important notices about SellGPU and your transactions to an email address you provide to us or by posting notices on an applicable page on our website. It is your duty to keep your email address accurate and up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. You must provide any notices to us by email provided by us to you or through the contact us section on our website.
21. Applicable Law and Venue. This Agreement and each of the documents contemplated by or delivered under or in connection with this Agreement are governed by and are to be construed in accordance with the laws of Ohio excluding any rule or principle of conflicts of law that may provide otherwise. The parties to this Agreement hereby irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of Ohio and all courts competent to hear appeals therefrom.