Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. This Agreement contains the terms and conditions that apply to purchases by customers from the e-LaserLight, entity named on the invoice ("e-LaserLight") that will be provided to you ("Customer") on orders for computer systems and/or related products sold in the United States. You agree to be bound by and accept this agreement as applicable to your purchase of product(s) or service(s) from e-LaserLight. By accepting delivery of the computer systems and/or other products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH E-LASERLIGHT, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER E-LASERLIGHT STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in e-LaserLight’s sole discretion.
1. Other Documents; Other than as specifically provided in any separate formal purchase agreement between Customer and e-LaserLight, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and e-LaserLight.
2. Governing Law; THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OREGON, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within e-LaserLight ’s sole discretion, payment must be received by e-LaserLight, prior to e-LaserLight 's acceptance of an order. Payment for the products will be made by credit card, wire transfer, prepaid money order or cashier’s check, prepaid check or some other prearranged payment method unless credit terms have been agreed to by e-LaserLight . Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. e-LaserLight may invoice parts of an order separately. Orders are not binding upon e-LaserLight until accepted. Any quotations given by e-LaserLight will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on e-LaserLight's invoice(s). Unless Customer provides e-LaserLight with a valid and correct tax exemption certificate applicable to the product ship-to location prior to e-LaserLight 's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on e-LaserLight 's invoice.
5. Title; Risk of Loss. Title to products passes from e-LaserLight to Customer on shipment from e-LaserLight‘s facility. Loss or damage that occurs during shipping by a carrier selected by e-LaserLight is e-LaserLight '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).
6. Warranties; THE LIMITED WARRANTIES APPLICABLE TO E-LASERLIGHT-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS. E-LASERLIGHT MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN E-LASERLIGHT'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND E-LASERLIGHT WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON E-LASERLIGHT'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
7. Return Policies; e-LaserLight systems and parts that are purchased directly from e-LaserLight by an end-user Customer may be returned by Customer in accordance with e-LaserLight’s terms and conditions in effect on the date of product delivery.
8. Exchanges; From time to time, e-LaserLight may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with e-LaserLight's exchange policies in effect on the date of the exchange.
9. Products; e-LaserLight's policy is one of ongoing product update and revision. e-LaserLight may revise and discontinue products at any time. e-LaserLight will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building e-LaserLight products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.
10. Limitation of Liability; E-LASERLIGHT DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. E-LASERLIGHT 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. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, E-LASERLIGHT 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.
11. Applicable Law; Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. 12. Service and Support. e-LaserLight endeavors to provide the best customer and technical support in the personal computer industry. For end-user Customers, e-LaserLight promises that its support people will attempt to handle via email any problem involving e-LaserLight products. However, e-LaserLight's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. e-LaserLight has no obligation to provide service or support until e-LaserLight has received full payment for the product or service/support contract for which service or support is requested.
13. Headings; The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.