Terms and Conditions
The use of this site is governed by the policies, terms and conditions set forth below.
Please read them carefully as your use of this site indicates your
acceptance of these Terms and Conditions. These Terms and Conditions
shall supercede any subsequent terms or conditions included with any
purchase order, whether or not such terms or conditions are signed by
Seller ("MobilitySavings.com").
Seller reserves the right to make changes to this site and to these Terms and Conditions at any time.
Copyright and Trademark Notice
Disclaimers and Limitation of Liability as to Products Sold
Disclaimers and Limitation of Liability as to the Seller Web site
Order Acceptance Policy
Terms and Conditions
Copyright and Trademark Notice
This
site is owned and operated by Seller. Unless otherwise specified, all
materials appearing on this site, including the text, site design,
logos, graphics, icons, and images, as well as the selection, assembly
and arrangement thereof, are the sole property of Seller, Copyright ©
2001-2003, ALL RIGHTS RESERVED. All audio and video clips are the sole
property of Seller or their respective content providers. All software
used on the site is the sole property of Seller or those supplying the
software. All rights not expressly granted herein are reserved. Any
unauthorized use of the materials appearing on this site may violate
copyright, trademark and other applicable laws and could result in
criminal or civil penalties.
All custom graphics, icons, logos and service names are registered
trademarks, trademarks or service marks of Seller All other trademarks
or service marks are property of their respective owners. The use of
any Seller trademark or service mark without Seller's express written
consent is strictly prohibited.
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Disclaimer and Limitation of Liability as to Products Sold
Except as expressly stated herein, Seller makes no representations or
warranties, either express or implied, of any kind with respect to
products sold on the Seller site. Except as expressly stated herein,
Seller expressly disclaims all warranties, express or implied, of any
kind with respect to products sold on this site, including but not
limited to, merchantability and fitness for a particular purpose.
In the event that a products' malfunction leads to damage or
injuries to the product, to the Buyer's business, the end-user's
business, to other equipment, or residence, or to employees or to other
persons, Seller shall not be liable for such damages or injuries. Buyer
understands and agrees that if Seller shall be found liable for loss or
damage due from failure of Seller to perform any of Seller's
obligations hereunder or the failure of the product in any respect
whatsoever, the sole and exclusive maximum liability to Seller arising
from any product sold shall be limited to the price of the product
ordered and this liability shall be exclusive, and that the provisions
or this section shall apply if loss or damage, irrespective of cause or
origin, results directly or indirectly to person or property, from
performance or non-performance of Seller obligation, breach of express
or implied warranty, or from negligence, active or otherwise, Seller,
its agents, servants assignees or employees. In no event shall Seller,
its directors, officers, employees or other representatives be liable
for special, indirect, consequential, or punitive damages related to
product sold.
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Disclaimer and Limitation of Liability as to the Seller Web Site
The Seller web site and the materials therein are provided "as is".
Seller makes no representations or warranties, either express or
implied, of any kind with respect to the Seller site, their operations,
contents, information, materials or year 2000 compliance. Seller
expressly disclaims all warranties, express or implied, of any kind
with respect to the sites or their use, including but not limited to
merchantability and fitness for a particular purpose. You agree that
Seller, its directors, officers, employees or other representatives
shall not be liable for damages arising from the operation, content or
use of the Seller sites. You agree that this limitation of liability is
comprehensive and applies to all damages of any kind, including without
limitation direct, indirect, compensatory, special, incidental,
punitive and consequential damages.
International Use. This Internet site is available
internationally and may contain references to products or services not
available in all countries. References to a particular product or
services does not imply that Seller intends to make such products or
services available in such countries. This Internet site was developed
in the United States of America in accordance with and use of this site
shall be governed by the laws of the United States of America.
Typographical Errors. In the event a product is listed at an
incorrect price or with incorrect information due to typographical
error or error in pricing or product information received from our
suppliers, Seller shall have the right to refuse or cancel any orders
placed for product listed at the incorrect price. Seller shall have the
right to refuse or cancel any such orders whether or not the order has
been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is canceled,
Seller shall immediately issue a credit to your credit card account in
the amount of the charge.
Third Party Links. This site may contain links to other
sites on the Internet that are owned and operated by third parties. You
acknowledge that Seller is not responsible for the operation of or
content located on or through any such site.
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Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does
not signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. Seller reserves the right at any
time after receipt of your order to accept or decline your order for
any reason. Seller reserves the right at any time after receipt of your
order, without prior notice to you, to supply less than the quantity
you ordered of any item. All orders placed over $1000.00 (U.S.) must
obtain pre-approval with an acceptable method of payment, as
established by our credit and fraud avoidance department. We may
require additional verifications or information before accepting any
order.
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Terms and Conditions
The following Terms and Conditions are applicable to every transaction made with Seller:
Price. Price does not include sales, excise, use,
value added tax (vat) and other taxes, levies or fees now in effect or
hereafter levied by reason of this transaction. Customer shall pay all
such taxes, levies and fees. Seller shall automatically charge and
withhold the applicable sales tax for orders to be delivered to
addresses within California (each customer shall be solely responsible
for all sales taxes, or other taxes, on orders shipped to any other
state). The Products are being sold hereunder F.O.B., place of
shipment. Customer is liable for all shipping, media and insurance
charges for the Products.
Payment Terms. Invoices not paid within the specified
Payment Terms period will incur a 1.5% fee per month. The Customer
shall incur a $50 fee for each check returned due to insufficient
funds. The Customer shall pay for all collection costs, including
attorney fees and penalties as a result of not adhering to the payment
terms. All payments shall be made in United States dollars.
Warranty. We makes no warranty, express or implied,
or indemnity relating to the Products. We will assign all warranties,
indemnities, and service features relating to the Products directly to
Customer (see above sections on
Disclaimers and Limitation of Liability as to Products Sold and
Disclaimers and Limitation of Liability as to the Seller Web site.
Returns. The terms for product return are limited to those set forth in Seller RMA Policy and Procedures.
Service and Support.
All requests for technical service and support should be made directly
to the manufacturer in accordance with their terms and conditions.
Seller will provide on-line technical notes on most computer hardware
& software products.
Indemnification. The Buyer agrees to and shall
indemnify, defend and hold harmless Seller, its employees and agents
for and against all claims, lawsuits and losses from any third party
using the product provides under this agreement. Any defense provided
hereunder shall be by counsel of Seller's choice.
Severability. If any section, term, condition or portion
thereof shall be found to be illegal or void as being against public
policy, it shall be stricken and the remainder of this document shall
stand as the original.
Jurisdiction and Venue.
You agree that any legal action brought against Seller. shall be
governed by the laws of the State of California without regard to its
conflict of law principles. You agree that the sole jurisdiction and
venue for any litigation arising from your use of or orders made on the
seller website shall be an appropriate federal or state court located
in Orange County California.
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