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TERMS AND
CONDITIONS OF SALE!
By
using and entering this Site (ElectroGear.Net),
including any prior visit, you Acknowledge and Agree to
all of the Terms and Conditions including all the
Policies listed on this site.
whether or
not you actually viewed and read any of them. Including
any changes that may have been done recently.
The
Site is provided on an "AS IS"
basis.
If
you disagree with any of the terms and conditions
including any policies.
Do Not Use This Site.
We
reserve the right to refuse service to anyone.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS
THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE
AGREEMENT WITH ELECTROGEAR.NET. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
IMPORTANT INFORMATION ABOUT THIS LEGAL CONTRACT:
This Sale Agreement is a legal contract between the
Customer and ElectroGear.Net. The Customer accepts this
Sale Agreement by making a purchase, placing an order,
or otherwise shopping on the Site. (References to "you"
or "your" shall relate to the Customer; references to
"ElectroGear.Net" shall relate to ElectroGear.Net and
its affiliates.) The terms and conditions of this Sale
Agreement are subject to change without prior notice,
except that the terms and conditions posted on the Site
at the time the Customer initially places or modifies an
order will govern the order in question.
This Sale Agreement constitutes the entire agreement
between the Customer and ElectroGear.Net relating to the
purchase or sale of goods or services on the Site. The
Sale Agreement may only be modified or terminated with
regard to goods or services that have been purchased or
sold on the Site in a writing signed by ElectroGear.Net.
Electronic records (including signatures), that are
otherwise valid, shall be accepted under the Sale
Agreement. The Customer consents to receiving electronic
records, which may be provided via a web browser or
e-mail application connected to the Internet; consumers
may withdraw consent to receiving electronic records or
have the record provided in non-electronic form by
contacting ElectroGear.Net at the address provided
below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale
Agreement or any terms and conditions on our invoice,
you agree that the provisions of this Sale Agreement and
our invoice shall control.
GOVERNING LAW:
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED
BY THE LAWS OF THE STATE OF AZ, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE
JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
USA COUNTY, AZ FOR PURPOSES OF ANY SUIT, ACTION OR
PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
ADVERTISEMENTS & PRODUCT DESCRIPTIONS:
ElectroGear.Net is not
responsible for typographical errors or omissions. We
reserve the right to change prices and products without
notice or obligation.
RISK OF
LOSS:
Title to goods herein being purchased is retained by the
seller until goods are paid for by the purchaser and at
that time title passes to the purchaser. Loss or damage
that occurs during shipping by a carrier selected by
ElectroGear.Net is ElectroGear.Net's responsibility.
Loss or damage that occurs during shipping by a carrier
selected by Customer is Customer's responsibility. Title
to software will remain with the applicable licensor(s).
GENERAL LEGAL DISCLAIMER:
ELECTROGEAR.NET HEREBY EXPRESSLY DISCLAIMS ALL
WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
ELECTROGEAR.NET IN NO WAY AFFECTS THE TERMS OF THE
MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an
Internet access provider. Contact your local access
provider for rates, terms and conditions.
PRICING
AND INFORMATION DISCLAIMER:
All pricing subject to change. For all prices, products
and offers, ElectroGear.Net reserves the right to make
adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in
advertisements and other extenuating circumstances.
While ElectroGear.Net uses reasonable efforts to include
accurate and up-to-date information on the Site,
ElectroGear.Net makes no warranties or representations
as to the Site's accuracy. ElectroGear.Net assumes no
liability or responsibility for any errors or omissions
in the content on the Site.
LIMITATION OF LIABILITY:
ELECTROGEAR.NET WILL NOT BE LIABLE FOR LOST PROFITS,
LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL,
INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
ELECTROGEAR.NET WILL NOT BE LIABLE FOR PRODUCTS OR
SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR
CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY
LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR
SERVICES, ELECTROGEAR.NET IS NOT LIABLE OR RESPONSIBLE
FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR
AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS
AGREEMENT.
DISPUTE RESOLUTION:
AGREEMENT TO
RESOLVE ALL DISPUTES THROUGH ARBITRATION OR IN SMALL
CLAIMS COURT AND AGREEMENT TO WAIVE A RIGHT TO JURY
TRIAL AND TO PARTICIPATION IN CLASS ACTIONS
You and ElectroGear.Net agree to resolve any
controversy, dispute, or claim arising out of or
relating to your purchase of any product or service from
ElectroGear.Net by binding Arbitration administered by
the American Arbitration Association, or in a small
claims court, and judgment on the arbitration award
rendered by the Arbitrator(s) may be entered in a court
having competent jurisdiction. This agreement to
arbitrate is intended to be broadly interpreted and
covers all controversies, disputes, claims arising out
or relating to your purchase including, but not limited
to contract claims, tort claims and statutory claims, or
any combination of claims. We agree that the arbitration
or small claim proceeding will take place in Pima
County, Arizona.
We agree that the American Arbitration Association shall
administer the arbitration, and that the American
Arbitration Association's Commercial Arbitration Rules
and Mediation Procedures and Consumer Related Disputes
Supplementary Procedures, if applicable, shall apply.
These Arbitration Rules may be found on the American
Arbitration Association's web site at www.adr.org . You
and ElectroGear.Net agree that the Arbitration Award
maybe taken to a Court of competent jurisdiction to
become an enforceable judgment. You and ElectroGear.Net
agree that any arbitration under this Agreement will
take place on an individual basis. Class arbitrations
and class actions are not permitted.
If you wish to begin arbitration against ElectroGear.Net
you must file a case with the American Arbitration
Association. You may visit the American Arbitration
Association's web site at www.adr.org to obtain forms
and guidance and to learn the procedure for filing a
case under this Arbitration Agreement.
This Arbitration Agreement affects you legal rights. An
arbitration is resolved by a neutral party and not a
judge or jury. There is less discovery and less exchange
of information between the parties to an arbitration
than might occur in a court proceeding. An arbitration
award is final and binding and will only be overturned
or reversed by a court in very limited circumstances.
You agree that, by entering into this Agreement, you and
ElectroGear.Net are each waiving the right to a trial by
jury or to participate in a class action.
PAYMENT TERMS; INTEREST; TAXES:
Orders are not binding upon ElectroGear.Net until
accepted by ElectroGear.Net. Terms of payment are within
ElectroGear.Net's sole discretion. Invoices are due and
payable within the time period noted on the invoice,
measured from the date of the invoice. ElectroGear.Net
may invoice parts of an order separately. Customer
agrees to pay interest on all past-due sums at the
highest rate allowed by law. The Customer is responsible
for sales and all other taxes associated with the order.
RETURN
POLICY:
On all Financed orders, you are eligible for exchange
only within 30 days of delivery date:
ElectroGear.Net offers a 30 exchange policy on selected
items based on manufacturer return policies. For further
information not listed, please contact your
ElectroGear.Net sales associate. Please call (520)
226-0346 or email the Returns Department at
ElectroGear@Live.com to obtain a Return Merchandise
Authorization (RMA) number before shipping your product.
NO returns of any type will be accepted without an RMA
number. For faster service, please have the following
information on hand when calling for an RMA number:
customer name, invoice number, serial number and nature
of the problem.
ALL
PRODUCTS RETURNED FOR AN EXCHANGE MUST:
Be 100 percent complete, contain ALL original boxes and
packing materials, have original UPC codes on the
manufacturer boxes, contain all manuals, blank warranty
cards and other accessories and documentation provided
by the manufacturer. You are responsible for shipping
charges on returned items; ElectroGear.Net will match
your shipping method on your replacement or exchange
item(s). ElectroGear.Net strongly recommends you fully
insure your return shipment in case it is lost or
damaged and you use a carrier that can provide you with
proof of delivery for your protection.
IF MERCHANDISE ARRIVES DAMAGED:
It is best to REFUSE it back to the carrier attempting
delivery. If you accept the package make sure it is
noted on the carrier's delivery record in order for
ElectroGear.Net to file a damage claim. Save the
merchandise AND the original box and packing it arrived
in, notify ElectroGear.Net immediately to arrange for a
carrier inspection and a pick up of damaged merchandise.
If you do not notify ElectroGear.Net of damaged goods
within the first 15 days of arrival, our regular return
policy will override any claim of damage, and will fall
under all current manufacturer restrictions. Call (520)
226-0346 or your ElectroGear.Net account manager to
arrange for carrier inspection and a pick up of damaged
merchandise.
DEFECTIVE:
Returns can be returned directly to ElectroGear.Net
within 30 days from the invoice date, at
ElectroGear.Net's discretion for: credit, replacement,
exchange or repair. Manufacturer restrictions do apply
and are outlined in our detailed policy. Any item that
is missing the UPC can ONLY be replaced with the same
item. After 30 days, all manufacturers' warranties
apply.
DEFECTIVE merchandise can be returned for
REPAIR OR EXCHANGE ONLY to: ElectroGear.Net, the
manufacturer direct or any authorized service center in
your area. Additional manufacturers may be added to this
list as: manufacturer policies change, manufacturer goes
out of business or in the case of specially ordered
items. |
