| |
Address:
distagage.com
5409 Overseas Highway #290
Marathon FL 33050
(877)423-4786
sales@distagage.com
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM DISTAGAGE.COM. PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS
Definitions:
"Product" shall mean any item offered for sale or licensing on the Distagage.com Web site, including but not limited to hardware devices, software, accessories, configurations of hardware and software, and documentation.
Entire Agreement:
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
Order Acceptance by Distagage.com/Acceptance of This Agreement by You:
All orders of Products placed by you with Distagage.com shall be subject to acceptance by distagage.com. Notwithstanding any order confirmation or other communications sent by Distagage.com, your order shall not be deemed accepted until shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
Limited Warranties:
With respect to Leica & Trimble branded Products, Distagage.com makes no warranties except those stated in the Leica and/or Trimble warranty cards included with the Products, or, in the case of optional extended warranties issued by Leica, such extended warranty documentation. With respect to third party (i,e,. non-Leica or Trimble branded) Products, such Products are sold by Distagage.com AS IS. However the third party manufacturer or supplier of these Products may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims. Distagage.com EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
Software License Terms:
All software (including pre-loaded software contained in hardware) is provided subject to such software's user license agreement. You agree that you will be bound to such agreement.
Payment Terms; Price Confirmation:
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. Distagage.com will charge credit cards upon shipment. Distagage.com accepts Mastercard, American Express Discover, Visa, Paypal and Google Checkout. Distagage.com does not accept cash, COD, or personal checks except with prior approval. Distagage.com payment terms are subject to change without notice at Distagage.com’s sole discretion. We confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on our Web site is incorrect, then the following applies: If a Products correct price is lower than our stated price, we charge the lower amount and ship you the Product. If a Products correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Products:
Distagage.com continually updates and revises Products. Distagage.com may revise and/or discontinue Products at any time. Changes between what is shipped and what is described in marketing materials (ads, catalogs, specification sheets etc.) are possible. Distagage.com Products are new unless specified as refurbished.
Return Policy:
Distagage.com’s return policy allows for Products purchased directly from Distagage.com to be returned by you after obtaining a Distagage.com return authorization number (RMA) during the 30 day period following date of shipment by Distagage.com for a refund of 90 percent of the purchase price actually paid, less shipping charges. The RMA number may be obtained from Distagage.com's Customer Support at 1-877-423-4786, and must be noted on the outside of the returned Product's container. Products must be returned in the original packaging. Shipping and handling is not refundable. Damage and missing part restocking fees may apply. RMAs are valid for only 30 days from issuance. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to Product while in transit to Distagage.com. If you return Product to Distagage.com (i) without a RMA from Distagage.com or (ii) beyond the 30 day period, or (iii) without proper packaging, Distagage.com retains the right to either refuse delivery of such return or charge you a restocking fee. RMAs are valid for only 30 days from issuance. Customer shall be responsible for and prepay all shipping charges and shall assume all risk of loss or damage to Product while in transit to Distagage.com.
All returns must be shipped to:
Distagage.com
5409 Overseas Highway #290
Marathon FL 33050.
Returning items to the warehouse address in Greeley, CO will result in additional shipping charges and delays in the processing of your refund.
Shipping and Handling/Risk of Loss:
Product prices do not include shipping and handling. Distagage.com will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
Limitation of Liability:
BOTH YOURS AND Distagage.com's LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR Distagage.com BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR Distagage.com SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Taxes:
Prices do not include any sales, local or other similar taxes. Florida State Sales tax is collected on sales shipped to Florida addresses only. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you, or in lieu thereof, you must provide Distagage.com with an appropriate tax exemption certificate.
Resale:
You certify and agree that you are purchasing Product(s) only for your own internal use only, and not for resale. You shall not remove components from Product for resale.
Title:
Title to Product(s) other than software passes from Distagage.com to you upon shipment from Distagage.com's facility. Title to software shall remain with the applicable licensor(s).
Governing Law/Waiver of Jury Trial:
This Agreement and all purchases hereunder shall be governed by and construed under the law of the state of Florida, without regard to conflicts of laws rules. You agree that the courts of Florida shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either (i) Monroe County, State of Florida; or (ii) the Southern District of Florida of the United States District Court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.
Headings:
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Critical Components:
The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
Force Majeure:
Distagage.com shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Distagage.com. Quantities are subject to availability. In the event of shortage, Distagage.com may allocate sales and deliveries in its sole discretion.
Waiver/Invalidity:
Failure of Distagage.com to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
Entire Agreement:
These terms and conditions constitute the entire and exclusive agreement between you and Distagage.com concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Distagage.com.
|
|
