RisslerR&D.com
TERMS AND CONDITIONS OF SALE
PLEASE READ CAREFULLY - THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM RisslerR&D.com. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS. NO OTHER TERMS APPLY. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
Definitions:
"Product" shall mean any computer support assembly (CSA) products offered for sale or licensing at RisslerR&D.com, the Web site or in direct sales materials (ads, catalogs, specifications sheets, etc.), including but not limited to hardware devices, software, accessories, configurations of hardware and software, and documentation. Any software shall be subject to a separate User License Agreement which shall be provided with the software at the time of such software purchase.
Order Acceptance by RisslerR&D.com/Acceptance of This Agreement by You:
All orders of Products placed by you with RisslerR&D.com shall be subject to acceptance by RisslerR&D.com. Notwithstanding any order confirmation or other communications sent by RisslerR&D.com, your order shall not be deemed accepted by RisslerR&D.com until RisslerR&D.com's shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions.
Payment Terms; Price Confirmation:
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. RisslerR&D.com will charge credit cards upon shipment. RisslerR&D.com does not accept cash, COD, purchase orders, or personal checks unless specific arrangements have been made for business sales. RisslerR&D.com payment terms are subject to change without notice at RisslerR&D.com's sole discretion. For Web orders we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on the RisslerR&D.com Web site or in direct sales materials is incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's 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.
Limited Warranties:
With respect to RisslerR&D.com branded Products, RisslerR&D.com makes no warranties except those stated in the RisslerR&D.com limited warranty included with the Products. RisslerR&D.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.
Products:
RisslerR&D.com may update and revise the Product from time to time, and may discontinue Products at any time. Changes in products shipped and products described on RisslerR&D.com websites and/or direct sales materials (ads, catalogs, specification sheets etc.) are possible. RisslerR&D.com Products are new unless specified as refurbished.
Return Policy:
RisslerR&D.com's return policy is:
RisslerR&D.com return policy is that within 1 year all material or workmanship defects of the product are covered. The product can be returned to Rissler R&D and upon evaluation and determination of defect a new unit will be sent.
Shipping and Handling/Risk of Loss:
Product prices do not include shipping and handling. RisslerR&D.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.
Purchaser Representations:
By submitting your order you represent and warrant that (i) you acknowledge that the Product has been designed to provide an automobile driver a suitable and convenient means to support a computer in motor vehicles, and that any usage of the Product should be accomplished while the vehicle is not in motion; and (ii) you are familiar with the laws and regulations in your jurisdiction, if any, governing the purchase and use of the Products , and that you do not know of any local or State laws or regulations prohibiting you from purchasing or using the Products while operating a motor vehicle. You further acknowledge that you are solely responsible for using the Products both sagely and legally.
Indemnification:
You hereby agree to defend, indemnify and hold RisslerR&D.com, its owners, employees, agents and affiliates harmless for any and all claims arising from purchase, use or ownership of RisslerR&D.com Products, including, but not limited to claims for bodily injury, death or illegal activity, loss or damage to personal property, or infringement of third-party proprietary rights. By purchasing from RisslerR&D.com, you indicate that you have both read and understood this indemnification and that you agree to be bound by its terms.
Limitation of Liability:
RISSLERR&D.COM’S ENTIRE LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT(S). IN NO EVENT SHALL RISSLERR&D.COM BE LIABLE 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. RISSLERR&D.COM SHALL NOT HAVE ANY LIABILITY FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Taxes and Fees:
Prices do not include any sales, local or other similar taxes or fees. All such taxes shall be paid by you, or in lieu thereof, you must provide RisslerR&D.com with an appropriate tax exemption certificate.
Resale:
You certify and agree that you are purchasing Product(s) 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 RisslerR&D.com to you upon shipment from RisslerR&D.com's facility. Title to software shall remain with the applicable licensor(s).
Governing Law:
This Agreement and all purchases hereunder shall be governed by and construed under the laws of the State of Washington, USA without regard to conflicts of laws rules. You hereby consent to the exclusive jurisdiction and venue of the appropriate Federal or State courts in Pierce County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Product. Use of this
Product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The prevailing party shall be entitled to all costs and reasonable attorneys fees in any such disputes.
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.
Force Majeure:
RisslerR&D.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 RisslerR&D.com. Quantities are subject to availability. In the event of shortage, RisslerR&D.com may allocate sales and deliveries in its sole discretion.
Waiver/Invalidity:
Failure of RisslerR&D.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.
Modification of Terms and Conditions:
Rissler R&D reserves the right to change the terms, conditions and notices under which the Product is offered at any time without prior notice.
Entire Agreement:
These terms and conditions constitute the entire and exclusive agreement between you and RisslerR&D.com concerning the Products and your purchase hereunder and supersede any and all statements or other agreements, whether oral or written, between you and RisslerR&D.com.
