Conditions of Use
eandjelectronics.com Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT")
VERY CAREFULLY.
TERMS AND CONDITION OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB
SITE (THE "SITE") OPERATED BY eandjelectronics.com YOU
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions,
by visiting, browsing, shopping, accessing or otherwise using the Site.
These terms and conditions are subject to change without prior notice
at any time, in eandjelectronics.com's sole discretion. By visiting,
browsing, shopping, accessing or otherwise using the Site after a change
has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute
a legal contract between you and eandjelectronics.com (References
to "you" or "your" shall relate to a customer of
eandjelectronics.com or other party that visits, browses, shops,
accesses or otherwise uses the Site (the "Customer"); references
to "eandjelectronics.com" shall relate to eandjelectronics.com
and its affiliates.) By visiting, browsing, shopping, accessing or
otherwise using this site ("Site"), you acknowledge that
you have read, understood, and agree to be bound by this User Agreement
and comply with all applicable laws and regulations, including Canada
export and re-export control laws and regulations. If you do not agree
to this User Agreement, as it may be changed by eandjelectronics.com
from time to time, do not use this Site. The material provided on this
Site is protected by law, including, but not limited to, North Carolina
copyright law and international treaties. This Site is controlled and
operated
by eandjelectronics.com from its offices within North Carolina.
eandjelectronics.com makes no representation that materials in
the Site are appropriate
or available for use in other locations, and access to them from territories
where their contents are illegal is not authorized. Those who choose
to access this Site from other locations do so on their own initiative
and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained
herein is governed by the laws of the state of North Carolina without
regard to conflict of law rules. You consent to jurisdiction of the federal
and state courts located in Raleigh, North Carolina to hear any
such claims.
Access, Interference and Linking
eandjelectronics.com grants you a limited license to access and
make personal use of the Site and not to download (other than page
caching) or modify it, or any portion of it, except as provided below
under "Use Restrictions," or with express written consent
of eandjelectronics.com.
The following activity on the Site is expressly prohibited: Any non-personal
or commercial use of any robot, spider, other automatic device, or manual
process to monitor or copy portions of the Site or the content contained
herein without prior written permission by eandjelectronics.com;
collection or use of any product listings, descriptions, or prices, from
the Site for the benefit of another merchant that supplies products competitive
with or comparable to those offered on the Site; and, Any use of, visits
to, or other action that imposes an unreasonable or disproportionately
large load on the Site, or otherwise interferes with its proper and timely
functioning.
Any unauthorized use terminates the license granted by eandjelectronics.com.
You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of the Site so long as the link does not
portray eandjelectronics.com, its affiliates, or their products
or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any eandjelectronics.com logo or other
proprietary graphic or trademark as part of the link without express
written permission.
eandjelectronics.com does not review or control third-party sites
that link to or from the Site, and is not responsible for the contents
of any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by eandjelectronics.com
or by the original creator of the material. Except as stated herein,
none of the material may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of eandjelectronics.com
or the copyright owner. Permission is granted to display, copy, distribute
and download the materials on this Site for personal, non-commercial
use only, provided you do not modify the materials and that you retain
all copyright and other proprietary notices contained in the materials.
This permission terminates automatically if you breach any of these
terms or conditions. Upon termination, you must immediately destroy
any downloaded or printed materials. You also may not, without eandjelectronics.com
's prior written permission, "mirror" any material contained
on this Site on any other server. Any unauthorized use of any material
contained on this Site may violate copyright laws, trademark laws,
the laws of privacy and publicity, and communications regulations and
statutes.
All trademarks and registered trademarks are the sole property of their
respective owners. Photographs courtesy of respective manufacturers.
eandjelectronics.com and the Circle of Service logo are trademarks
of eandjelectronics.com Copyright © 2005-2007 eandjelectronics.com.
Microsoft and the Passport Logo are either registered trademarks or
trademarks of Microsoft Corporation in the United States and/or other
countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
eandjelectronics.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE MATERIALS ON THIS SITE, EVEN IF eandjelectronics.com
OR A eandjelectronics.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS
SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information therein available and/or
by purchasing any products or services made available through this
Site, you agree with eandjelectronics.com, its service providers,
agents, employees, successors, assigns, affiliates, parents, subsidiaries
and any content provider or offer or of goods or services on this Site
or through any other associated activity, that ANY CLAIM OR DISPUTE
UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE
AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED
TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION
AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code")
in effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act
and the North Carolina Convention on the Enforcement of Arbitration
Awards (as codified in the jurisdiction where enforcement of the award
is
sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Raleigh, North Carolina.
Each party shall bear its own cost of any legal representation, discovery,
or research required to complete arbitration.
Privacy
Please review our Privacy Notice, which also governs your visit to this
Site.
You are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account
or password. If you are under 18, you may use the Site only with a parent
or guardian. eandjelectronics.com reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in its sole
discretion.
Communications to eandjelectronics.com
Any communication or material you transmit to the Site by electronic
mail or otherwise, including any data, questions, comments, suggestions,
or the like is, and will be treated as, non-confidential and non-proprietary.
Anything you transmit or post may be used by eandjelectronics.com
for any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, eandjelectronics.com
is free to use any ideas, concepts, know-how, or techniques contained
in any communication you send to eandjelectronics.com or the Site
for any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact: eandjelectronics.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement,
please do not visit, browse, shop, access or otherwise use this Site.
eandjelectronics.com Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT")
VERY CAREFULLY.
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 eandjelectronics.com. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and eandjelectronics.com.
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 "eandjelectronics.com" shall
relate to eandjelectronics.com 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.
This Sale Agreement constitutes the entire agreement between the Customer
and eandjelectronics.com relating to the purchase or sale of goods
or services on the Site. The Sale Agreement may only be modified or terminated
with regard to goods or services that have been purchased or sold on
the Site in a writing signed by eandjelectronics.com. Electronic
records (including signatures), that are otherwise valid, shall be accepted
under the Sale Agreement. The Customer consents to receiving electronic
records, which may be provided via a web browser or e-mail application
connected to the Internet; consumers may withdraw consent to receiving
electronic records or have the record provided in non-electronic form
by contacting eandjelectronics.com at the address provided below.
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.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS
OF THE STATE OF NORTH CAROLINA, WITHOUT REGARD TO CONFLICTS OF LAWS
RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR
STATE COURTS
LOCATED IN WAKE COUNTY, NORTH CAROLINA FOR PURPOSES OF ANY SUIT,
ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until
goods are paid for by the purchaser and at that time title passes to
the purchaser. Loss or damage that occurs during shipping by a carrier
selected by eandjelectronics.com is eandjelectronics.com's
responsibility. Loss or damage that occurs during shipping by a carrier
selected by Customer is Customer's responsibility. Title to software
will remain with the applicable licensor(s).
Export Sales
If goods herein being purchased are being purchased for purposes of export,
the Customer must obtain from the federal government certain export
documentation before shipping to a foreign country. In addition, manufacturers'
warranties for exported goods may vary or even be null and void for
goods exported outside the U.S. The Customer should inquire further
regarding any questions. Any and all liability is only for the products
purchased.
General Legal Disclaimer
eandjelectronics.com 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 eandjelectronics.com IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S
WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access
provider. Contact your local access provider for rates, terms and conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations
limit download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
All products sold by eandjelectronics.com are third party products
and are subject to the warranties and representations of the applicable
manufacturers, including but not limited to Y2K compliance. Accordingly,
eandjelectronics.com makes no representation or warranty with
respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All prices are in USD. All pricing is subject to change. For all prices,
products and offers, eandjelectronics.com reserves the right to
make adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While eandjelectronics.com uses reasonable efforts to include accurate
and up-to-date information on the Site, eandjelectronics.com makes
no warranties or representations as to the Site's accuracy. eandjelectronics.com
assumes no liability or responsibility for any errors or omissions in
the content on the Site.
Limitation of Liability
eandjelectronics.com 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. eandjelectronics.com
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,
eandjelectronics.com IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT
OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON
LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating
to this Sale Agreement, its interpretation, or the breach, termination
or validity thereof, the relationships which result from this Sale
Agreement (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to this Sale
Agreement), eandjelectronics.com's advertising, or any related
purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code
of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect
at the time the claim is filed. The Code is available at http://www.arbitration-forum.com.
Notwithstanding any choice of law provision included in this Sale Agreement,
this arbitration agreement is subject to the Federal Arbitration Act
and the Ontario Convention on the Enforcement of Arbitration Awards
(or as codified in the jurisdiction where enforcement of the award
is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Ajax, Ontario. Judgment
on the award rendered by the arbitrator(s) may be entered by any court
having jurisdiction. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon eandjelectronics.com until accepted
by eandjelectronics.com. Terms of payment are within eandjelectronics.com's
sole discretion. Invoices are due and payable within the time period
noted on the invoice, measured from the date of the invoice. eandjelectronics.com
may invoice parts of an order separately. Customer agrees to pay interest
on all past-due sums at the highest rate allowed by law. The Customer
is responsible for sales and all other taxes associated with the order.
Freight Policy
Shipping and handling charges on all orders vary; contact your eandjelectronics.com
account manager for our most current and competitive rates, options
and shipping specials. For the Customer's protection, we ship only
to the verified billing address of the Customer's credit card. In some
circumstances, international shipping may be available.
Return Policy
* eandjelectronics.com offers a 30 days return policy on selected
items based on manufacturer return policies. For further information
not listed, please contact your eandjelectronics.com account manager.
* Please e-mail our Returns Department at etronicsland rma to obtain
a Return Merchandise Authorization (RMA) number before shipping your
product. NO returns of any type will be accepted without an RMA number.
For faster service, please have the following information on hand when
calling for an RMA number: customer name, invoice number, serial number
and nature of the problem.
* All products returned MUST: be 100 percent complete, contain ALL original
boxes and packing materials, have original UPC codes on the manufacturer
boxes, contain all manuals, blank warranty cards and other accessories
and documentation provided by the manufacturer.
* You are responsible for shipping charges on returned items; eandjelectronics.com
will match your shipping method on your replacement or exchange item(s).
* eandjelectronics.com strongly recommends you fully insure your
return shipment in case it is lost or damaged and you use a carrier that
can provide you with proof of delivery for your protection.
* If merchandise arrives damaged: 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 eandjelectronics.com
to file a damage claim. Save the merchandise AND the original box and
packing it arrived in, notify eandjelectronics.com immediately to
arrange for a carrier inspection and a pick up of damaged merchandise.
If you do not notify eandjelectronics.com of damaged goods within
the first 15 days of arrival, our regular return policy will override
any claim of damage, and will fall under all current manufacturer restrictions.
* DEFECTIVE returns can be returned directly to eandjelectronics.com
within 30 days from the invoice date, at eandjelectronics.com's
discretion for: credit, replacement, exchange or repair.
* Manufacturer restrictions do apply and are outlined in our detailed
policy. Any item that is missing the UPC can ONLY be replaced with the
same item. After 30 days, all manufacturers' warranties apply.
* NON-DEFECTIVE returns can be accepted directly by eandjelectronics.com
within 30 days from the invoice date, at eandjelectronics.com's
discretion for: credit, exchange. All NON-DEFECTIVE returns are subject
to a 20% percent restocking fee.
* Due to manufacturers' policies, eandjelectronics.com cannot accept
returns of the following items for exchange, replacement or credit FOR
ANY REASON: (eandjelectronics.com exceptions). DEFECTIVE merchandise
can be returned for REPAIR ONLY to: eandjelectronics.com, the manufacturer
direct or any authorized service center in your area. Additional manufacturers
may be added to this list as: manufacturer policies change, manufacturer
goes out of business or in the case of specially ordered items.
eandjelectronics.com reserves the right to authorize product returns
beyond 30 days from the invoice date. Original shipping charges are not
refunded on returned items. Customers are responsible for all shipping
charges back to eandjelectronics.com on returned items, and eandjelectronics.com
will pay the shipping charges on the replacement or exchange item(s)
going back.
Credit Cards
Credit card charges are processed online after ordering the products
and/or services.
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