These terms and conditions (“Terms”) apply to your purchase of the product offered for sale under this listing as further described below (“Product”). These Terms form a binding contract between you, the buyer, and the seller of the Product (“Seller”). These Terms are in addition to any terms or agreements you enter into with eBay. BY SUBMITTING AN ORDER TO PURCHASE THE PRODUCT, YOU HEREBY AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE THE PRODUCT.
Eligibility. You represent and warrant that: (a) you are a resident of the United States; (b) you will only request delivery to an address in the United States; (c) you will not transfer the Product outside of the United States; and (d) will only use the Product within the United States.
Product. The Product is described above. You understand and acknowledge that the images in this listing are representative of the Product’s appearance and are not intended to be images of the actual Product you will receive.
Purchase. You will pay Seller the listed purchase price for the Product plus any applicable taxes and shipping fees presented during the checkout process. Shipping and handling are additional and are not included in the purchase price unless otherwise stated in the Product listing. Payment shall not be subject to set off, deductions or counterclaims. SUBJECT TO SECTION 6 OF THESE TERMS, YOU UNDERSTAND AND AGREE THAT YOUR PURCHASE MAY NOT BE CANCELED OR RESCHEDULED AND THAT THE PURCHASE PRICE AND ANY ASSOCIATED TAXES AND FEES ARE NONREFUNDABLE. You represent and warrant to Seller that your purchase and use of the Product will not violate any applicable laws, rules, or regulations.
Delivery. You must select your requested delivery method and location during the checkout process. Seller will not any have obligation to change the shipping method or location. Risk of loss or damage and title will pass from Seller to you upon such time as the Product is tendered by or on behalf of Seller to the third-party shipping carrier designated by you during the eBay checkout process or by Seller. Partial deliveries as well as deliveries by distributors, agents and other third parties shall be permitted. Seller will have no obligation to ship the Product to destinations outside of the United States. Seller will not be liable for any delays in shipping the Product due to causes beyond its reasonable control, including but not limited to acts of God, public enemy, governmental laws, regulations or requirements, civil or military authority, labor disputes, fires, riots, wars, pandemics or other actual or suspected spread of infectious disease, declared state of emergencies, embargoes, or floods, including any including any disruption in labor or logistics support impacted by any of the foregoing.
No Warranties. SUBJECT TO SECTION 6, SELLER IS SELLING THE PRODUCT AND YOU ARE ACCEPTING THE PRODUCT “AS IS.” SELLER MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE PRODUCT. SELLER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PRODUCT OR THESE TERMS, INCLUDING (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT, OR (II) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SELLER WILL HAVE NO OBLIGATIONS WITH RESPECT TO ANY MAINTENANCE OR REPAIR OF THE PRODUCT, AND ANY COSTS ASSOCIATED THEREWITH ARE YOUR RESPONSIBILITY.
Returns. Subject to your compliance with these Terms, Seller will only accept returns if: (i) the Product was damaged prior to Seller’s tender of the Product to your designated third-party shipping carrier, (ii) the Product does not operate in material compliance with the description provided in the Product listing, or (iii) the Product does not materially conform with the description provided in the Product listing (each, a “Product Issue”). SELLER’S SOLE AND EXCLUSIVE LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY PRODUCT ISSUE WILL BE FOR SELLER TO REFUND THE PURCHASE PRICE. In order to be eligible for the remedy under Section 6.1, you must notify Seller of the applicable Product Issue within 30 days of delivery and you must return the Product to Seller in accordance with Seller’s required return procedures, postmarked within 15 days of receiving such procedures. You will be responsible for paying for any applicable shipping and other fees incurred for shipment of returned Product. Seller will have no liability for any Product Issue to the extent caused by: (i) your or any third party’s misuse, incorrect installation, modifications, repair, mishandling, neglect, improper storage, accident, or abuse of the Product; or (ii) damage or defects arising from use outside of operating specifications or other Product documentation.
Disclaimer of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SELLER BE LIABLE FOR LOSS OF USE, REVENUE OR PROFIT, FOR ANY LIABILITY TO ANY THIRD PARTY, OR FOR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THIS LISTING, OR THE PRODUCT, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, EVEN IF SELLER KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LIABILITY OF SELLER FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THIS LISTING, OR THE PRODUCT EXCEED THE PURCHASE PRICE FOR THAT PRODUCT. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnity. You shall indemnify, defend and hold harmless the Seller, its agents, successors and assigns from and against all losses, damages, injuries, claims, demands and expenses, including legal expenses, of whatever nature, to the extent arising out of the use, condition or operation of the Product. You agree to cooperate with Seller, at Seller’s request, in defending against any such third-party claims and pay all fees, costs and expenses associated with defending such claims (including but not limited to attorneys' fees). You further agree that Seller shall have control of the defense or settlement of any such third-party claims.
Governing Law and Venue. All claims arising out of or relating to these Terms or the Product will be governed by California law, excluding California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara county, California, USA; you consent to personal jurisdiction in those courts. If the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are otherwise applicable, the parties expressly exclude them from applicability under these Terms.
General. These Terms constitute the entire understanding of the parties with respect to its subject matter and supersedes all prior agreements and understandings of the parties. If any term (or part of a term) of these Terms is invalid, illegal or unenforceable, the rest of this Agreement will remain in effect.