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Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract
between you ("Customer") and eInfSource.com (“Company”). Customer
accepts these terms and conditions of sale by making a purchase,
placing an order or otherwise shopping on Company's Website (the
"Site"). These terms and conditions of sale are subject to change
without prior notice, except that the terms and conditions of sale
posted on the Site at the time Customer initially places or modifies
an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement
between Customer and COMPANY relating to the terms and conditions of
sale of products and services on the Site. Customer consents to
receiving electronic records, which may be provided via a Web
browser or e-mail application connected to the Internet; individual
consumers may withdraw consent to receiving electronic records or
have the record provided in non-electronic form by contacting
COMPANY at the address provided below.
Customer may issue a purchase order for administrative purposes
only. Additional or different terms and conditions contained in any
such purchase order will be null and void. Customer agrees that the
terms and conditions of sale contained herein and in Company’s
invoice or other documentation will control. No course of prior
dealings between the parties and no usage of trade will be relevant
to determine the meaning of these terms and conditions of sale or
any purchase order or invoice related thereto.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE
GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN
ARBITRATION OR LITIGATION WILL BE BROUGHT IN DEKALB COUNTY, GEORGIA
AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE
COURTS LOCATED IN DEKALB COUNTY, GEORGIA AND SUBMITS TO THE
JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER
FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY
SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Title; Risk of Loss
If Customer provides COMPANY with Customer’s carrier account number
or selects a carrier other than a carrier that regularly ships for
Company, title to products and risk of loss or damage during
shipment passes from Company to Customer upon shipment from
Company’s facility (F.O.B. Origin, freight collect). For all other
shipments, title to products and risk of loss or damage during
shipment passes from COMPANY to Customer upon receipt by Customer
(F.O.B. Destination, freight prepaid and added). Notwithstanding the
foregoing, title to software will remain with the applicable
licensor(s) and Customer's rights therein are contained in the
license agreement between such licensor(s) and Customer. COMPANY
retains a security interest in the products until payment in full is
received. Customer will be responsible for all shipping and related
charges.
Export Sales
If this transaction involves an export under the Export
Administration Regulations, the commodities, technology and/or
software sold or distributed under these terms and conditions of
sale exported from the United States by COMPANY were exported in
accordance with the Export Administration Regulations. Diversion,
use, export or re-export contrary to United States law is
prohibited. The commodities, technology and/or software sold or
distributed under these terms and conditions of sale may not be
exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North
Korea or Syria or to entities and persons that are ineligible under
United States law to receive United States commodities, technology
and/or software. In addition, manufacturers' warranties for exported
products may vary or may be null and void for products exported
outside the United States.
Warranties
Customer understands that COMPANY is not the manufacturer of the
products purchased by Customer hereunder and the only warranties
offered are those of the manufacturer, not COMPANY. In purchasing
the products, Customer is relying on the manufacturer’s
specifications only and is not relying on any statements,
specifications, photographs or other illustrations representing the
products that may be provided by COMPANY or its affiliates. In
connection with services, neither affiliates of COMPANY nor third
party service providers are agents of COMPANY and COMPANY has no
obligation or liability arising from any services performed by or
any warranty, if any, made by, such service providers. COMPANY AND
ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER
EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY
THIRD PARTIES OR AFFILIATES OF COMPANY, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER
DOES NOT AFFECT 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 details.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Pricing Information; Availability Disclaimer
All pricing is subject to change. COMPANY reserves the right to make
adjustments to pricing, products and service offerings for reasons
including, but not limited to, changing market conditions, product
discontinuation, product unavailability, manufacturer price changes
and errors in advertisements. All orders are subject to product
availability. Therefore, COMPANY cannot guarantee that it will be
able to fulfill Customer’s orders.
Limitation of Liability
NEITHER COMPANY NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS,
LOSS OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY THIRD PARTY. NEITHER COMPANY NOR ITS AFFILIATES
WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST
OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD
PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY COMPANY OR ITS
AFFILIATES, NEITHER COMPANY NOR ITS AFFILIATES WILL BE LIABLE OR
RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE LESSER OF:
(A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR
SERVICE(S) GIVING RISE TO THE CLAIM; OR (B) $500.
COMPANY will not be responsible for any delays in delivery which
result from any circumstances beyond its control, including without
limitation, product unavailability, carrier delays, delays due to
fire, severe weather conditions, failure of power, labor problems,
acts of war, terrorism, general insurrection, acts of God or acts of
any government or agency. Any shipping dates provided by COMPANY are
estimates only.
Third Party Services
Customer acknowledges and agrees that, in some instances, COMPANY
and its affiliates are resellers of services and are not the
provider of those services. In those cases, the third party service
provider is the only party responsible for providing services to
Customer. In those cases, Customer will look solely to the third
party service provider for any loss, claims or damages arising from
or relating to the purchase or provision of such services. Customer
hereby releases COMPANY and its affiliates from any and all claims
arising from or relating to the purchase or provision of any such
services by third party service providers. Services may be subject
to tax.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort or
otherwise, whether preexisting, present or future, and including
statutory, common law, intentional tort and equitable claims)
arising from or relating to the products or services sold pursuant
to these terms and conditions of sale, the interpretation or
application of these terms and conditions of sale or the breach,
termination or validity thereof, the relationships which result from
these terms and conditions of sale (including, to the full extent
permitted by applicable law, relationships with third parties who
are not signatories hereto), or COMPANY's advertising and marketing
(collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF
COMPANY, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY
BY BINDING ARBITRATION. If arbitration is chosen, it will be
conducted pursuant to the Rules of the American Arbitration
Association. If arbitration is chosen by any party with respect to a
Claim, neither COMPANY nor Customer will have the right to litigate
that Claim in court or to have a jury trial on that Claim or to
engage in pre-arbitration discovery, except as provided for in the
applicable arbitration rules or by agreement of the parties.
Further, Customer will not have the right to participate as a
representative or member of any class of claimants pertaining to any
Claim. Notwithstanding any choice of law provision included in these
terms and conditions of sale, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration
will take place in Atlanta, Georgia. Any court having jurisdiction
may enter judgment on the award rendered by the arbitrator(s). Each
party will bear its own cost of any legal representation, discovery
or research required to complete arbitration. The existence or
results of any arbitration will be treated as confidential.
Notwithstanding anything to the contrary contained herein, all
matters pertaining to the collection of amounts due to COMPANY
arising out of sales hereunder will be exclusively litigated in
court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon COMPANY until accepted by COMPANY. Terms
of payment are within COMPANY's sole discretion. Invoices are due
and payable within the time period specified on the invoice,
measured from the date of invoice. COMPANY may invoice Customer
separately for partial shipments. Customer agrees to pay interest on
all past-due sums at the lower of one and one-half percent (1 1/2%)
per month or at the highest rate allowed by law. Customer is
responsible for, and will indemnify and hold COMPANY harmless from,
any applicable sales, use, transaction, excise or similar taxes (but
not taxes imposed or measured by COMPANY's net income), and from any
federal, state or local fees or charges (including, but not limited
to, environmental or similar fees), imposed on, in respect of, or
otherwise associated with the order. Customer must claim any
exemption from such taxes, fees or charges and must provide COMPANY
with the necessary supporting documentation at the time of purchase.
Any sales, use or other applicable tax or fees or assessments is
based on the location to which the order is shipped. In the event of
a payment default, Customer will be responsible for all of COMPANY’s
costs of collection, including court costs, filing fees and
attorney’s fees.
Return Privileges
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COMPANY does not accept returns on sales of
software. All sales are final.
Damaged Products
If Customer receives damaged products, please refuse the products
upon original delivery attempt. If damaged products are accepted
from the carrier, such damage should be noted on the carrier
delivery record. Please save the product and the original box and
packaging and notify COMPANY immediately to arrange for a carrier
inspection and a pick up of damaged products. Please notify COMPANY
Customer Relations at
Sales@eInfoSource.com
of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely
receipt of this information is necessary for COMPANY to file a
damage claim.
Check Payment Policy
COMPANY will accept cashiers check, money order, personal and
business checks for prepay orders. Allow 10 business days for
clearing.
Contacting COMPANY
Click here
for COMPANY contact information.
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