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AFTER YOU READ THIS DOCUMENT, YOU WILL BE ASKED TO ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW BY CLICKING ON THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS DOCUMENT. IN ORDER TO PLACE AN ORDER THROUGH OUR WEBSITE, YOU MUST FIRST READ THESE TERMS AND CONDITIONS AND THEN CLICK THE ACCEPT BUTTON AT THE END OF THE DOCUMENT. |
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Important Information About This Legal Contract: This Sale Agreement is a legal contract between the Customer and Eastec 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 "Eastec" shall relate to Eastec) 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 Eastec 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 document signed by Eastec. 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 Eastec 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. |
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Governing Law: THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE VENUE AND PERSONAL JURISDICITON OF THE FEDERAL COURT IN NEW JERSEY OR THE NEW JERSEY SUPERIOR COURT LOCATED IN MONMOUTH COUNTY, NEW JERSEY FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT OR ANY DISPUTE RELATED IN ANY WAY TO THIS AGREEMENT. THE CUSTOMER FURTHER AGREES THAT THE STATE OR FEDERAL COURTS LOCATED IN NEW JERSEY SHALL BE THE EXCLUSIVE VENUE FOR THE RESOLUTION OF ANY DISPUTES ARISING UNDER THIS AGREEMENT. |
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General Legal Disclaimer: EASTEC HEREBY EXPRESSLY DISCLAIMS ALL WARRATIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY EASTEC IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY. IN THE EVENT THAT ANY PERSON NOT A PARTY TO THIS AGREEMENT (TRANSACTION) SHALL MAKE ANY CLAIM OR FILE ANY LAWSUIT AGAINST Eastec FOR FAILURE OF ITS EQUIPMENT OR SERVICE IN ANY RESPECT, WHETHER OR NOT CAUSED BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF Eastec, THEN THE SUBSCRIBER (BUYER) AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS Eastec FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEY'S FEES. |
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Internet Disclaimer: Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions. 56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps. |
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| Limitation of Liability: Eastec will not be liable for lost profit, 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 expect as expressly provided herein. Customer agrees that for any liability related to the purchase of products or services, Eastec 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. | ||||||
| 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. Eastec accepts no responsibility for obtaining the proper export licenses or other approvals. Customer agrees to indemnify, defend, and hold Eastec harmless with respect to any claim by a government agency or other person or entity that proper export approvals have not been obtained. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. Any and all liability is limited to the repair or replacement of products purchased. | ||||||
| Title; Shipping Terms; Risk of Loss: Title to goods herein being purchased, as well as risk of loss during shipment, passes to the purchase at time of shipment. Shipment terms are F.O.B. Wall Township, New Jersey, or drop shipped from other locations. Loss or damage claims that occur during shipping are the Customer's responsibility. If you receive damaged merchandise, it is best to REFUSE to accept the merchandise and give it back to the carrier attempting delivery. | ||||||
| Third-Party Product Warranty: All products sold by Eastec are third party products and are subject to the warranties and representations of the applicable manufacturers only. As set forth above, Eastec specifically disclaims any additional warranties other than the manufacturer's warranties. | ||||||
| Pricing and Information: Prices are subject to
change without notice. All prices are in US Dollars. For all prices,
products and offers, Eastec reserves the right to make adjustments
due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other
extenuating circumstances. Eastec is not responsible for
typographical errors in pricing and / or equipment specifications.
While Eastec uses reasonable efforts to include accurate and up-to-date information on the Site, Eastec makes no warranties or representations as to the Site's accuracy. Eastec assumes no liability or responsibility for any errors or omissions in the content on the Site. |
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| Orders; Payment Terms; Interest; Taxes: Orders are not binding upon Eastec until accepted by Eastec. Terms of payment are within Eastec's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Eastec may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the rate of 1.5% per month (18.0% annual). The Customer is responsible for sales and all other taxes associated with the order. If it becomes necessary for Eastec to engage the services of an attorney to collect any money due and owing under this sales agreement, then the Customer agrees to reimburse Eastec for the reasonable fees and costs paid to its attorneys in connection with any collection efforts. | ||||||
Return Policy: Eastec offers a 30-day return policy on selected items based on manufacturer return policies. For further information not listed, please contact your Eastec account manager. Please call 732-751-2600 or e-mail our Operations Group, Attention: Customer Service at customer service@eastec.com, to obtain a Return Merchandise Authorization(RMA) number before shipping your product back to Eastec. Returns may not be accepted without a valid RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, product description and the reason for the return. All products returned MUST be 100 percent complete and contain ALL original manufacturer boxes with the original UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. Shipping charges on returned items are the customer's responsibility; Eastec will match the shipping method and pay for shipping on replacement or exchange item(s). For your protection, we strongly recommend you fully insure your return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery. If you receive damaged merchandise, it is best to REFUSE it back to the carrier attempting delivery. All returns are subject to a 20% restocking fee. DEFECTIVE returns can be returned directly to Eastec within 30 days from the invoice date, at Eastec's discretion for: credit, replacement, exchange or repair. Eastec reserves the right to authorize product returns beyond 30 days from the invoice date. If the product is accepted after 30 days, credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are not refunded on returned items. |
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| Changes or Cancellations: Orders may not be changed or cancelled without a fee. Fee depends on the changes that are being requested. | ||||||
| Check Payment Policy: Eastec will accept business checks, subject to verification. Eastec will accept business checks for prepay orders, but allow 10 business days for clearing. | ||||||
| Credit Cards Policy: Credit card charges are not submitted until time of shipment. Eastec does not apply any surcharge for credit cards. We will store your credit information on our secure server if you request, so that you only need to enter it once. Please refer to our privacy policy for information regarding our security measures. | ||||||
| Acceptance of Terms and Conditions of Sale: If you agree with the terms and conditions as set forth above, please indicate your acceptance by clicking on the "Accept" button below. By clicking on the "Accept" button, you agree that you have read and understood the terms and conditions set forth above as well as our privacy policy and agree to be legally bound by all the terms and conditions. | ||||||
Contacting the Website: If you have questions about our Terms and Conditions, the practices of this site, or dealings with this site, you can contact Customer Service: Eastec |
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