Online Contract
The following is the terms of the agreement between HVACQuick.com Inc.
("Company") and the buyer ("Buyer") of goods or services through the
Company's Web site (the "Site"). If you do not agree to these terms,
you will not be able to purchase anything, so please review these terms
carefully:
Introduction. Buyer agrees to the terms and conditions
outlined in this Online Contract ("Contract") with respect
to the goods, services and information provided by or through the
Site. This Contract constitutes the entire and only agreement
between the Company and Buyer, and supersedes any and all prior or
contemporaneous agreements, representations, warranties, and understandings
with respect to the goods, services and information provided by or
through the Site, and the subject matter of this Contract. Buyer
agrees to review this Contract prior to purchasing anything and purchase
of a good or service shall be deemed acceptance of this Contract.
Setup and Payment.
Buyer represents and warrants that (i) the credit card information
supplied is true, correct and complete and (ii) charges incurred by
the Buyer will be honored by the Buyer's credit card company and (iii) Buyer
shall pay charges incurred by Buyer at the amounts in effect at the
time incurred, including all applicable taxes. Buyer shall be responsible
for all charges incurred through use of Buyer's password. Buyer agrees
to keep his or her password confidential and to notify Company within
24 hours of any breach of this Contract or unauthorized use of the
password. Company does not protect Buyer from unauthorized use of
Buyer's password.
Shipping. All goods
are shipped F.O.B. point of manufacture. Shipping charges are additional
to the product cost unless specifically shown otherwise. Shipping
charges are estimated for the benefit of the Buyer, however they are
not guaranteed.
Warranties. All goods
sold are covered by their respective manufacturer's warranties. Specific
warranty terms may be accessed on this site or by request to HVACQuick.com.
Copyright.
The content, organization, gathering, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks, and other proprietary (including
but not limited to intellectual property) rights, and, the copying,
redistribution, use or publication by a Buyer of any such content
or any part of the Site is prohibited.
Editing, Deleting, and Modification.
Company reserves the right in its sole discretion to edit or delete
any information or content appearing on the Site and to remove any
goods and services for sale. Upon notice published over the Service,
Company may modify this Contract, or prices, and may discontinue or
revise any or all aspects of the Site in its sole discretion and without
prior notice. Modification of this Contract will be deemed effective
upon publication on the Site with respect to transactions occurring
after said date.
Right to Refuse.
Company reserves the right in its sole discretion to refuse service
at any time. Sale of any goods or services is subject to availability.
Indemnification.
Buyer agrees to indemnify, defend and hold Company and its affiliates,
licensors and suppliers harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to a Buyer's
violation of this Contract or use of the Site.
Non-Transferable.
Buyer's right to use the Service is not transferable and is subject
to any limits established by Company or by Buyer's credit card company.
Disclaimer. THE
SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE
PROVIDED "AS-IS", "AS AVAILABLE", AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY
OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY
FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE
CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS
AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS
SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
Refund Policy. Stock and non-custom manufactured products (please
refer to individual product terms and conditions for product definitions
) only may be returned. Software products are strictly non-returnable.
If a product purchased is defective or not to Buyer's satisfaction,
Buyer can return the product in its original condition within 30 days
of receipt, to the origin of manufacture. In such event, Company
shall provide Buyer a credit for other purchases from the Site (less
shipping and handling charges incurred, and a 20% restocking fee).
This Section sets forth Buyer's sole and exclusive right to refund.
No returns will be accepted without a RMA (Returned Material Authorization)
number issued by a Company representative.
Use of Information. Company reserves the right, and Buyer
authorizes Company, to the use and assignment of all information regarding
Buyer's use of the Site and all information provided by Buyer, subject
to applicable law.
Miscellaneous. This
Contract shall be treated as though it were executed and performed
in San Jose, California, and shall be governed by and construed in
accordance with the laws of the United States of America and of the
State of California (without regard to conflict of law principles).
Any cause of action of Buyer with respect to the Site must be instituted
within six (6) months after any purchase or be forever waived and
barred. All actions shall be subject to the limitations set forth
in Section8. The language in this Contract shall be interpreted as
to its fair meaning and not strictly for or against any party. All
legal proceedings arising out of or in connection with this Contract
shall be brought solely in San Jose, California, and Buyer expressly
submits to the jurisdiction of said courts and Buyer consents to extra-territorial
service of process. Should any part of this Contract be held invalid
or unenforceable, that portion shall be construed consistent with
applicable law as nearly as possible to reflect the original intentions
of the parties and the remaining portions shall remain in full force
and effect. To the extent that anything in or associated with the
Site or the Company is in conflict or inconsistent with this Contract,
this Contract shall take precedence. Failure of Company to enforce
any provision of this Contract shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
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