Standard Terms of Sale
All sales are
subject to the following terms and conditions:
- Customer
Acknowledgment.
Customer acknowledges agreement with these Terms
of Sale by the placement of an order to purchase
a Product from TogaBeach.com
- All Sales
Made In Carlsbad, CA.
All sales shall be deemed made in the State of
California, County of San Diego, USA, regardless
of the location of the Customer. The Customer
agrees that any dispute with TogaBeach.com
arising out of the Customer's purchase from
TogaBeach.com shall be brought by the Customer
exclusively in the state or federal courts
situated in the State of California, County of
San Diego; and the Customer hereby agrees that
such venue is appropriate and that TogaBeach
agreement to sell and deliver products to the
Customer is dependent on this provision.
Customer also agrees that the prevailing party
will be entitled to an award of reasonable
attorney fees and costs.
- Purchase
Price.
(a) Prices and promotions are listed in
TogaBeach catalogs and Web site, and are
subject to change without notice. Prices for
certain governmental, corporate, and
institutional customers may be set forth in a
bid or other written agreement between the
parties.
(b) Payment is due before
shipment, unless credit terms have been arranged
in advance with TogaBeach Credit Department. In
such case, payment terms shall be as set forth
in the credit agreement. Accounts over 30 days
are subject to a late payment charge of 1.5% per
month or portion thereof from and after the
invoice date until unpaid balance is paid in
full. This rate equals an 18% Annual Percentage
Rate.
(c) TogaBeach.com
collects sales and use taxes for sales made to
residents of the State(s) of California and
Hawaii. TogaBeach.com shall not be liable for
handling or customs charges for shipments
outside the United States.
- Shipping
Terms.
Shipping terms are: F.O.B. Carlsbad, CA.
TogaBeach.com will arrange payment for shipping
with the carrier, but such costs are the
responsibility of Customer. Risk of loss is upon
Customer once TogaBeach.com delivers the
Product to the carrier. Delivery times are
estimates only and TogaBeach.com shall not be
liable for delays.
- Vendor
License Agreements.
Customer agrees to abide by all license
provisions or end user agreement imposed by the
manufacturer or publisher.
-
International.
Products sold by TogaBeach.com including
equipment and software, may be exported from the
United States only in accordance with the Export
Administration Regulations. Diversion contrary
to United States law is prohibited. Customer
warrants and represents that it is eligible to
receive Products under United States law and
agrees to abide by any export or re-export
restrictions imposed by the manufacturer or
publisher.
- LIMITED
MANUFACTURER'S WARRANTY.
(a) TogaBeach.com warrants that it has good
title to the hardware Products it sells, and
that it has proper authority to license the
software Products it distributes
(b) TogaBeach.com does
not warrant the performance or integrity of any
Product, but merely passes through to the
Customer whatever end-user warranty the
manufacturers or software publishers provide
with their respective Products.
STATEMENTS MADE TO YOU IN
THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE SALE
ARE SUBJECT TO THE YEAR 2000 INFORMATION AND
READINESS DISCLOSURE ACT, (___U.S. C.___) (P.L.
105-271). IN THE CASE OF A DISPUTE, THIS ACT MAY
REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF
ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED
BY YOUR CONTRACT OR TARIFF.
(d) TogaBeach.com
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND
USE FOR A PARTICULAR PURPOSE.
- LIMITATION OF
LIABILITY.
IN NO EVENT SHALL TogaBeach.com BE LIABLE FOR
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR
OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE
REMEDY IS STATED IN THE MANUFACTURER'S OR
PUBLISHER'S END USER WARRANTY ACCOMPANYING THE
PRODUCT. IN NO EVENT SHALL TogaBeach.com
LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST
OF THE SPECIFIC PRODUCT PURCHASED FROM
TogaBeach.com SOME STATES MAY NOT RECOGNIZE A
DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR
LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS
MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT
AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY
FROM STATE TO STATE.
- Returns.
Returns of Products are subject to TogaBeach.com's current return policies, which
are set forth in the catalogs, Web site, and
shipping statement, subject to any additional or
lesser return rights adopted by the manufacturer
or publisher. Read
our Returns Policy
- Exclusive
Agreement.
These Terms of Sale represent the complete and
final agreement between the Customer and
TogaBeach.com for the matters set forth herein,
and shall be supplemented only by the prices,
quantity, and descriptions set forth in
TogaBeach.com's invoice for the relevant sale.
Terms contained in Customers' purchase orders,
offers to buy, terms and conditions, and the
like shall have no effect.
- General.
(a) These Terms of Sale and any transactions
made under them shall be interpreted by and be
subject to the laws of the State of California.
(b) In the event any
section or portion of a section of these Terms
of Sale are deemed unlawful or unenforceable,
that section or portion of a section shall be
stricken from the Terms of Sale, and the
remaining terms shall continue in full force and
effect.
(c) TogaBeach.com shall
not be responsible for damages or delays
resulting from Acts of God, and from other
actions, both governmental and otherwise,
including but not limited to war, riot, seizure,
and embargo.
(d) These Terms of Sale
may be modified from time to time by
TogaBeach.com without notice, and are current
as of the date of the then current catalog or
Web site. Please refer to the current catalog or
Web site.
Contacting
TogaBeach.com about Terms & Conditions
Questions regarding our Terms & Conditions should be
directed to TogaBeach.com via email at sales@TogaBeach.com , or phone at 760-822-7106
|
