IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ("Terms") ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN THE REGEAR.COM ORDER FORM OR OTHER REGEAR.COM DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND REGEAR.COM HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
"We", "Our" or "Us" refers to REGEAR.COM
Application of Terms; Customer Acknowledgment
These Terms constitute a binding contract between Customer and REGEAR.COM. Customer acknowledges the agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Website (the "Site"). These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
Jurisdiction of all legal disputes
This Agreement shall be construed in accordance with the laws of the State of California, United States of America. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The parties irrevocably submit to the jurisdiction of the State and Federal Courts in the County of Los Angeles, State of California over any suit, action or proceeding arising out of or related to this Agreement.
Prices are listed in our catalogs and Web site, and are subject to change without notice. Prices for certain government, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties. Payment is due before shipment, unless credit terms have been arranged in advance with our credit department. In such case, payment terms shall be as set forth in the credit agreement.
We collect sales and use taxes for sales shipped to the State of California. Additional states may be added without notice. We shall not be liable for handling or customs charges for shipments outside the United States.
REGEAR.COM is not required, and does not collect Oklahoma sales or use tax on your purchase. However, unless this sale is exempt from Oklahoma sales taxes, Oklahoma requires the purchaser to pay the tax by filing a sales/use tax form with Oklahoma. The purchase is not exempt merely because it is made over the internet or by other remote means. For more information please visit http://www.tax.ok.gov/faq/faqu004.html
Shipping; Risk of Loss; Security Interest
REGEAR.COM will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. REGEAR.COM charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the customer. Risk of loss is upon Customer once we deliver the product to the carrier. Delivery times are estimates only and we shall not be liable for delays.
REGEAR.COM retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
Non-US or Export Sales
Transactions that involve an export of products, including but not limited to commodities, software or technology, are subject to the Export Administration Regulations. Such products were exported from the United States by REGEAR.COM in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited. Customer expressly represents and warrants that it is eligible to receive products under U.S. law and agrees that it shall not export, re-export, or provide such items to any country, entity or person in contravention of regulations currently imposed by the U.S. Government. In addition, there are other countries, individuals or entities for which export is restricted, prohibited or for which an export license may otherwise be required. It is the responsibility of the customer to ensure it is in compliance with all U.S. export regulations. Manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
LIMITED MANUFACTURER'S WARRANTY
Customer understands that REGEAR.COM is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not us. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by us. In connection with services, neither affiliates of REGEAR.COM nor third party service providers are our agents and we have no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers.
We warrant that we have good title to the hardware products we sell, and that we have proper authority to license the software products we distribute.
We do not warrant the performance or integrity of any Product, but merely pass through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products.
STATEMENTS MADE TO YOU IN THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND READINESS DISCLOSURE ACT, (___U.S. C.___) (P.L. 105-271). IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF.
REGEAR.COM 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 REGEAR.COM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
REGEAR.COM has no control over the technology of the Products sold herein, and therefore cannot and does not indemnify Customer for claims by third parties that Products infringe any patent, copyright, trademark or trade secret. REGEAR.COM will pass through any such indemnity it receives from the Product manufacturer or supplier.
Pricing Information; Availability; Errors and omissions Disclaimer
All pricing is subject to change. We reserve 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, we cannot guarantee that it will be able to fulfill Customer's orders.
We make every effort to ensure the accuracy of the information published in our catalogs and on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.
If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other Web sites or price engines are accurate or up-to-date.
Limitation of Liability
NEITHER REGEAR.COM NOR ITS AFFILIATES WILL 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. NEITHER REGEAR.COM 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 DIRECTLY BY REGEAR.COM OR ITS AFFILIATES, NEITHER REGEAR.COM NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
We will not be responsible for any delays in delivery which result from any circumstances beyond our 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.
Notice of Age Restriction
Anyone eighteen (18) years of age is permitted to use the Service, access the contents of REGEAR.COM and place orders on our website; however REGEAR.COM specifically denies permission to anyone under the age of 18 to use the Service or access any part of REGEAR.COM beyond the Home Page of that Website. Any access of the content of the Service beyond the Home Page of REGEAR.COM by any person under the age of 18 shall be deemed unauthorized and a trespass, and REGEAR.COM reserves the right to pursue all available legal remedies for such trespass.
Third Party Services
Customer acknowledges and agrees that we and our 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 REGEAR.COM, 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. All amounts, including taxes, associated with third party services are being collected by us solely in the capacity as an independent sales agent.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon us until accepted by us. Terms of payment are within our sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. We may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold REGEAR.COM harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. 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 our costs of collection, including court costs, filing fees and attorney's fees.
Vendor license agreements
Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
All packages shipped from REGEAR.COM are inspected prior to shipment. However, from time to time, damage during shipping may occur. Packages that are obviously damaged should be refused upon original delivery attempt. If the package is accepted, then any damage should be noted on the carrier delivery record prior to the driver leaving your premises. Any hidden or internal damage to any product must be reported to our Customer Support Department, either via email to firstname.lastname@example.org within the first 7 days of receipt to arrange for a carrier inspection and return of the damaged product(s). Please save the product, the shipping carton and all manufacturer packaging. Timely receipt of this information is necessary for REGEAR.COM to file a damage claim. Failure to notify REGEAR.COM of damage within this time period will be deemed an acceptance of the product, and standard return policies will apply.
For more information on returns, please read our Refund Policy located at http://www.ReGear.com/Refund_Policy
These Terms constitute the entire agreement between Customer and REGEAR.COM relating to the 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 us 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 contained herein and in our 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 or any purchase order or invoice related thereto. This section may not apply if there is a written contract between Customer and REGEAR.COM.
In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.
Not a job listing Service
You acknowledge that REGEAR.COM and its related services do not provide, offer, or guarantee, in any way, services related to employment. The service is not an employment agency or job listing service.
Trademarks and Service Marks
REGEAR.COM is a trademark and service mark of the Service and constitutes valuable proprietary intellectual property that is protected by law. The Service's trademark and service mark may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission of Service. Except as expressly stated in this Agreement, the Service does not grant You any express or implied right to use or display its trademark or service mark in any manner.
Registration data and certain other information about you are subject to our Privacy Statement. For more information, see our full Privacy Statement at http://www.ReGear.com/Privacy_Policy .
Captions are inserted for reference and convenience only and in no way define, limit or describe the scope of this Agreement or intent of any provision.
Unenforceability of provisions
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
Electronic Equipment Recycling
REGEAR.COM encourages all of its customers to recycle their used computer monitors, televisions and products purchased from our website (if such product can be recycled).