The GPU Miner’s Terms & Conditions for all orders placed with us. By making purchasing from us you agree to these terms and conditions.
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you will not be able to buy any products from us.
1.1. These Conditions shall supersede all earlier conditions.
2.1. References to “we”, “us” and “The GPU Miner” which is a hardware company based in the UK.
2.2. “DIY System Build” means the sale by The GPU Miner of a custom built computer (the Product – refer to 2.6) as ordered by the Customer.
2.3. “Price” means the price paid by the Customer for the Product excluding carriage and any credit surcharge. The Price is stated on the The GPU Miner Order Confirmation.
2.4. “Order Confirmation” means the acknowledgment of the Customer´s order sent to the Customer by The GPU Miner.
2.5 “Dispatch Email” means the email sent to the Customer to confirm their order is accepted and the goods dispatched.
2.6. “Product” means any computer components, custom computer, or ‘mining rig’ or other goods supplied to the Customer by The GPU Miner.
2.7 “Deposit” means a non-refundable deposit paid upfront for purchase and optimisation of a mining rig.
3. Ordering and payment
3.1. Our website gives the option to view prices inclusive of VAT. We charge VAT on all applicable products.
3.2 After placing an order, The GPU Miner will send an Order Confirmation to you. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a product. All orders are subject to acceptance and we will confirm such acceptance by sending an email to you confirming our acceptance of your order and dispatch. The contract between us will be formed when we send the Dispatch Email.
3.3. The contract will relate only to those Products in the Dispatch Email. We cannot be obliged to supply any Products which may have been part of your order but have not yet been confirmed by the Dispatch Email.
3.4.All descriptions, photographs, and advertising are only to provide an idea of the products they describe. While we take every care with our descriptions, errors may occur and are excepted from the contract if very minor. Images are for illustrative purposes only.
3.5 Payment can be made cash, bank transfer or some cryptocurrency. We cannot dispatch any Products until we have cleared funds. If you are using as your payment method we reserve the right not to ship to unconfirmed addresses.
3.6 If payment is made by bank transfer, we reserve the right to make a delivery to the statement address of the cardholder.
3.7 When placing an order over the phone or over the internet or in any other way for a bespoke machine, The GPU Miner takes a non-refundable deposit of the cost of the Product. In the event that you do no proceed with the purchase you will not receive a refund of the deposit or the cost of your purchase for the Product.
3.8. While we try and ensure all prices on our website are accurate, errors may very occasionally occur. If we do discover an error in the price of a Product ordered before dispatch we will inform you as soon as possible and give the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled under this clause and you have already paid for the Product, you will receive a full refund.
3.9. If the pricing error is obvious and could have reasonably been recognised as a mispricing, we will be under no obligation to provide the Product even after despatch.
3.10. The ordering of a mining rig from The GPU Miner is subject to payment upfront for orders which are over £10,000 inclusive of VAT. No refund can be provided in the event that you change your mind and no longer wish to purchase a mining rig due to the costs associated with building the custom computer.
4. Consumer rights
4.1. You may cancel your purchase at any time within 14 days of receipt and we may give you a partial refund at The GPU Miner’s discretion. You must inform The GPU Miner in writing and return the Products to us immediately in the same condition you received them, at your own cost and risk. For all returns, we will deduct a 25% restocking fee if the return is accepted due to the custom nature of the product. This is calculated as the value (sales price) of the Product multiplied by 25%. We recommend you follow our packaging guidelines and return via recorded delivery as we cannot be liable for goods damaged or lost in transit to us.
4.2. If a Product is faulty or delivered in error then please refer to clause 5 below.
4.3. Mining rigs must include all original packaging, be in ‘as new’ condition and must not have been used, installed or had any data input on them. Any free gifts which may have been sent must also be returned. If the returned item(s) affect any promotional discount or offer then this will be adjusted in your refund.
4.4. We cannot refund for miner systems where the software settings have been edited or changed, and/or used for other purposes that it supposed to be used.
4.5. We will make a deduction from the refund if the value of the goods has been reduced as a result of you handling them. If the machine has been opened the warrant will be voided.
4.3. If you wish to return Products not covered by clause 4.1 or 4.2 above then such Products will be accepted at the discretion of The GPU Miner. You must obtain a RMA number from The GPU Miner and quote this when returning the goods. You will be credited with the price paid less the restocking fee and any other deductions.
4.4. The machines are custom built to specification and where the security seal has been opened, we cannot accept liability for the machine as it has been tampered with.
5.1. Any delivery date stated is a warranty by The GPU Miner to use reasonable endeavours to effect delivery by that date. No liability will be accepted by The GPU Miner for failure to meet a stated delivery date, apart from the Guaranteed Next Day Delivery service which may apply in which case our liability is limited to a refund of the carriage of the order. If a product is delivered to you in error and is not what you ordered, then you must contact Customer Services who will arrange for collection, and for the correct product to be delivered (if applicable).
5.2. Products supplied by The GPU Miner are delivered at the risk of The GPU Miner Customers must make a claim for damage of the goods in writing: –
5.2.1. If a Product is damaged, within 5 days of delivery.
5.2.2. If a Product is lost, The GPU Miner will not be liable for any claim. It is the responsibility of the customer to insure the Product for it’s time in transit. The GPU Miner can quote for this service but it must be requested in email.
5.2.3. A claim for loss or damage may not be allowed if you claim outside the above time limit.
6.2. You should return the Product in its original packaging to The GPU Miner at the address above. Prior authorisation must be obtained for any returns by contacting The GPU Miner customer services and obtaining an RMA number, which must be quoted in any correspondence. You must back up all data as we cannot guarantee your data during repairs or testing.
6.3. All Products are custom built and made to specification unless otherwise stated. All returns must comprise of only the defective Product.
6.4. If any item is returned which is found not to be faulty by our technicians, then a charge will be made for return carriage, insurance and administration.
6.5. This clause does not affect your statutory rights.
7. Limitation of liability
7.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval. You should also note that tampering or changing with the software on the machine will void the warranty.
7.2 You accept that any Products purchased as seen.
7.3 Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Product you purchased.
7.4 This does not include or limit in any way our liability:
7.4.1 for death or personal injury caused by our negligence;
7.4.2 under section 2(3) of the Consumer Protection Act 1987;
7.4.3 for fraud or fraudulent misrepresentation;
7.4.4 for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
7.4.5 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.5 We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the Contract between us, including but not limited to:
7.5.1 loss of income or revenue;
7.5.2 loss of business;
7.5.3 loss of profits or contracts;
7.5.4 loss of anticipated savings;
7.5.5 loss of data, or
7.5.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this clause 7.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 7.1 or any other claims for direct financial loss that are not excluded by any of clauses 7.5.1 to 7.5.6 inclusive of this clause 7.5.
8. Uncontrollable events and delays
8.1. In case of delays caused by circumstances beyond the control of The GPU Miner or its suppliers, The GPU Miner shall have the right to either suspend delivery or to cancel the contract without liability.
8.2. Examples of Uncontrollable Events are (by way of example and not limited to) natural disasters, flood, strike, lockout, riot, revolution, war, epidemic, working difficulties, transportation difficulties, fire, and failure of suppliers or official regulations.
9. Import duty
9.1 If you order Products from our site for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
10. Customer’s obligations
10.1. You are responsible for your own choice of Product and the suitability for any particular purpose. You must ensure that any Products are compatible.
10.2. Images are for illustration purposes only.
10.3. Specifications are correct as per manufacturer information.
10.4. You must provide reasonable courtesy information and cooperation to The GPU Miner.
10.5 You agree that you will host and run the custom equipment in a suitable environment and that The GPU Miner will not be liable for any damage as a result of your environment.
10.6 By placing an order, you also agree to the Conditions of Sale below.
11. Conditions of Sale
11.1 I understand the nature of the product I am buying and that due to the complex individual components, there may be times when, through no fault of The GPU Miner, the rig does not operate at its maximum performance or stops functioning. At these times, The GPU Miner will not be liable for any loss of coins or tokens that would have been acquired had the machine been operating at maximum performance.
11.2 I accept that it is my responsibility to understand the machine well enough to perform routine maintenance and basic troubleshooting and I accept that the equipment purchased may need this on an ongoing basis.
11.3 I understand that the equipment purchased from The GPU Miner is very delicate and its working function can be affected by very small impacts or knocks or any slight mistreatment. If any equipment is bought whilst physically seeing the item working and then does not operate effectively at its new location due to my transport, The GPU Miner will not be liable to repair the machine and a fee may apply for doing so.
11.4 I understand that The GPU Miner does not itself offer any warranty on any of its products as it is a custom product, and my purchase is effectively bought as seen.
11.5 I understand that the products sold by The GPU Miner do carry a manufacturer warranty (starting from the date The GPU Miner first purchased the items) and any replacement component that may be needed due to failure will be claimed under the original manufacturer’s warranty. I agree to be subject to each manufacturer and their respective terms and conditions.
11.6 I acknowledge that The GPU Miner or its affiliated parties are not liable to replace or refund for any part for full or partial refusal of warranty on any items due to other manufacturers and their respective policies, or individual company and suppliers’ terms and conditions. If any parts need replacing that fall under conditions that respective manufacturers deem to void the warranty for any reason. The GPU Miner will not be liable for any loss of coin or tokens generated due to this event.
11.7 I understand that if, for any reason including but not limited to the company entering liquidation, ceasing trading or illness on behalf of those operating the company, The GPU Miner is not able to assist in the warranty process for any unforeseen reason, it will be my responsibility to contact the manufacturers and communicate with them directly to claim any respective warranties.
11.8 If any parts need replacing that have been claimed under warranty outside of the first 30 days of purchase, then a £100 fee will apply per item that has needed to be replaced.
11.9 I understand that The GPU Miner does not take any responsibility for the amount of virtual coins or tokens that the machines produce and/or their future market value. Before purchasing any products from The GPU Miner, I conducted my own research and purchased equipment based upon my understanding of the cryptocurrency market and I am happy to bare the potential future risks.
11.10 I understand that the machines have been tested and run to operate efficiently on the predetermined settings that the machine was constructed with. If I decide to alter these settings or make any changes to the software, I understand that The GPU Miner will not be liable for any damages or losses this may cause.
11.11 I understand that the equipment sold by The GPU Miner is very fragile and its performance and long-term health are heavily affected by the operating conditions in which it is situated. Before my purchase, I have undertaken sufficient research and understand the optimum condition this equipment needs to be operated in. I understand that The GPU Miner will not be liable to replace and claim warranty on my behalf for any goods where they believe that the operation conditions were subpar – this includes but is not limited to: environments with lack of ventilation, poor cooling, poorly regulated power and excess dust or moisture.
11.12 I understand that The GPU Miner’s obligations end upon delivery of working hardware. Working hardware is defined as ‘the correct amount of graphics cards being recognised by EthOS Operating system’. For example, an 9 card mining rig will have 9 cards recognised by EthOS Operating System when starting up. The GPU Miner is not responsible for any functioning software on the machine. I understand that it will be my responsibility to educate myself to understand how the various mining software work and acknowledge that it is likely there they may be updates and various software changes needed in order to keep the machine operating at optimal performance. All of these things will be my responsibility and not that of The GPU Miner. In the event I need assistance, I acknowledge there will be a fee for the support.
11.13 I understand that the equipment purchased from The GPU Miner comes with a deactivated version of EthOS installed and it is my responsibility if I so wish to purchase a full license to use that product in the future.
11.14 I understand that if I choose to have my items shipped to me and pay for this service, The GPU Miner will use a suitable courier to ship rigs and pay for reasonable insurance to cover them during transit. If I am an international customer, I acknowledge that I am responsible for the respective import duties and taxes charged by my country.
11.15 I understand that the purchase of my equipment is separate from the provision of hosting services, support services and other supplementary services and equipment that may or may not be needed. I understand that these are separate services and/or products and will be detailed in invoices accordingly.
12. Entire Agreement
12.1 We will rely on these terms and conditions and any documents referred to in them in relation to any contract between us.
13. Marketing Emails
13.1 “Marketing Emails” refers to any promotional email communication. The information transmitted in these emails is intended only for the person(s) or entity to which it is addressed and may contain proprietary, confidential and/or privileged material. If you have received an email in error, please contact the sender. Although the emails and any attachments are believed to be free of any virus, it is the responsibility of the recipient to ensure that they are virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from the receipt or use thereof. Errors and omissions are excepted. Images are used for illustrative purposes only. Prices valid for the indicated time period only. Offer pricing only available on the online store. Retail prices apply through the Trade Counter and Telephone Sales.
14.1. If any part of these Terms and Conditions are found to be invalid or unenforceable by a court the rest are unaffected
14.2 Contracts for the purchase of Products and any dispute or claim arising therefrom are subject to the jurisdiction of the courts of England and Wales.
15. Variation of Terms and Conditions
15.1 From time to time we may need to update these terms and conditions to reflect changes in legislation, the marketplace or company policy. The contract will be subject to those terms and conditions in force at the time of the formation of the contact – i.e. on the earlier of the date of the Dispatch Email or the date of receiving the goods.