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RefurbUPS.com Terms and Conditions of Sale |
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| PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") CAREFULLY. |
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| THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH REFURBUPS.COM, INC. ("REFURBUPS.COM, INC."), IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN). |
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| Important Information About This Legal Contract |
| This Sale Agreement is a legal contract between the Customer and REFURBUPS.COM, INC.. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "REFURBUPS.COM, INC." shall relate to REFURBUPS.COM, Inc. and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. |
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| This Sale Agreement constitutes the entire agreement between the Customer and REFURBUPS.COM, INC. relating to the purchase or sale of goods or services we offer. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold in a writing signed by REFURBUPS.COM, INC. |
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| In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control. |
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| Governing Law |
| THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN ROCKLAND COUNTY, NEW YORK FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT. |
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| Title; Risk of Loss |
| Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified. Loss or damage that occurs during shipping by a carrier selected by REFURBUPS.COM, INC. is REFURBUPS.COM, INC.'s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. |
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| General Legal Disclaimer |
| REFURBUPS.COM, INC. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY REFURBUPS.COM, INC. IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY. |
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| Pricing and Information Disclaimer |
| All pricing subject to change without notice. For all prices, products and special offers, REFURBUPS.COM, INC. reserves the right to make adjustments due to changing market and inventory conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. |
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| While REFURBUPS.COM, INC. uses reasonable efforts to include accurate and up-to-date information on the Site, REFURBUPS.COM, INC. makes no warranties or representations as to the Site's accuracy. REFURBUPS.COM, INC. assumes no liability or responsibility for any errors or omissions in the content on the Site. |
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| Limitation of Liability |
| REFURBUPS.COM, INC. will not 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 except as expressly provided herein. REFURBUPS.COM, INC. will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services, REFURBUPS.COM, INC. is not liable or responsible for any amount of damages. |
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| Orders; Payment Terms; Taxes |
| Orders are not binding upon REFURBUPS.COM, INC. until accepted by REFURBUPS.COM, INC.. Terms of payment are within REFURBUPS.COM, INC.'s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. REFURBUPS.COM, INC. may invoice parts of an order separately. The Customer is responsible for any applicable sales and all other taxes associated with the order. |
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| Freight Policy |
| All orders 150 pounds or less will be shipped via ground transportation within the 48 continental states and Canada unless other means are specified. Shipping and handling charges on all other orders vary based upon product weight and number of items ordered; REFURBUPS.COM, INC. will contact customer to offer our most current and competitive rates and shipping options available for orders over 150 lbs.. For the Customer's protection, we ship only to an address that can be verified according to our standards. In some circumstances, international shipments to Canada may require additional tax import duties that are the sole responsibility of the customer. |
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| Warranty Policy |
| REFURBUPS.COM, INC. offers a 90-day limited replacement only warranty on all refurbished products sold from date of Invoice. o REFURBUPS.COM, INC. offers a 1 year limited replacement only warranty on all brand new battery kit products sold from date of Invoice. All products to be found defective by a RefurbUPS Technician within warranty period will be replaced by RefurbUPS.com, Inc.. Customers must obtain a Return Merchandise Authorization (RMA) number before shipping your product back to REFURBUPS.COM, INC. Products being returned for replacement will not be accepted without a valid RMA number. |
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| This limited warranty does not cover product against cosmetic imperfections or damage due to (1) acts of God, accident, misuse, abuse, negligence or modifications of this product; (2) improper operation or maintenance of this product; (3) connection to improper voltage supply; or (4) attempted repair by any party. |
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| All NON-DEFECTIVE returns or incorrectly ordered products requesting credit are subject to RMA approval at the sole discretion of RefurbUPS.com and subject to a 20% percent restocking fee of total invoiced amount. |
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| For faster service, please have the following information on hand when calling RefurbUPS.com, Inc. customer services: customer name, invoice number, serial number(s). o Shipping charges on items to be returned are the customer's responsibility; REFURBUPS.COM, INC. will pay for shipping on replacement item(s). |
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| If you receive damaged merchandise, it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for REFURBUPS.COM, INC. to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify REFURBUPS.COM, INC. immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify REFURBUPS.COM, INC. of damaged goods within the first 15 days of arrival, our regular warranty policy will override any claim of damage. Contact Customer Service at 845.357.6911 to arrange for carrier inspection and a pick up of damaged merchandise. o Items determined to be DEFECTIVE must be returned directly to REFURBUPS.COM, INC. within 30 days from RMA issuance date, to REFURBUPS.COM, INC.'s for replacement or credit at the discretion of RefurbUPS. In instances where RefurbUPS.com cannot supply the equivalent replacement product purchased because of product availability, we will offer comparable alternative or credit refund upon receipt RMA product. |
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| Check payment policy |
| REFURBUPS.COM, INC. will accept a cashiers check, money order, company check or personal check on all approved COD and pre-pay orders, subject to verification. |
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| Credit Cards |
| Credit card charges are submitted upon receipt of order. REFURBUPS.COM, INC. does not apply any surcharge for credit cards. We will not share this information with anyone outside our company whatsoever except as required by law or when investigating abuses of our Acceptable Use Policy. Users may opt-out of receiving future email mailings upon ordering. |
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