THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM VIDEO & AUDIO CENTER. PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.
Definitions:
"Product" shall mean any item offered for sale or licensing on the videoandaudiocenter.com or vac2buy.com Web sites.
Entire Agreement:
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
Order Acceptance by Video & Audio Center/Acceptance of This Agreement by You:
All orders of Products placed by you with videoandaudiocenter.com shall be subject to acceptance by Video & Audio Center. Notwithstanding any order confirmation or other communications sent by Video & Audio Center, your order shall not be deemed accepted by Video & Audio Center until Video & Audio Center's shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
Payment Terms; Price Confirmation/Billing Errors:
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. Video & Audio Center will charge credit cards upon shipment. Video & Audio Center accepts Mastercard, Visa, American Express and Discover. Video & Audio Center does not accept cash, COD, purchase orders, personal checks or the Sony Preferred Card unless specific arrangements have been made for business sales. Video & Audio Center’s payment terms are subject to change without notice at Video & Audio Center's sole discretion. For web orders, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on a Video & Audio Center Web site or direct sales materials are incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Video & Audio Center shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.
Products:
Video & Audio Center continually updates and revises Products. Video & Audio Center may revise and/or discontinue Products at any time. Changes in products shipped and products described on Video & Audio Center websites and/or direct sales materials are possible. Video & Audio Center Products are new unless specified as refurbished.
Waranties:
Manufacturers warranty covers manufacturer defects only. Manufacturers do not warrant product dimensions, naturally occurring cosmetic imperfections, abuse, misuse, acts of God, accidents and/or normal wear. Video & Audio Center will not allow return, exchange and/or assume liability to pay for any damage due to uneven aging of raster and/or phosphors of any Television sets. All warranties, including extended warranties, are issued from manufacturers or extended warranty providers. Video & Audio Center hereby disclaims all warranties expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Video & Audio Center disclaims any and all warranties, liability and/or compatibility specific to the installation of components provided by clients. Video & Audio Center neither assumes, nor authorizes any other person to assume for it, any liability in connection with the sale of its products. Video & Audio Center is not responsible for "loss of use" of any product for any reason. Additionally, any furniture mechanism including but not limited to recliner mechanisms and sleeper mechanisms are subject to manufacturer's warranty. All furniture warranties including but not limited to leather and stone warranties apply under conditions of normal usage and does not apply to damage resulting from misuse, accidents, negligence or normal wear. This disclaimer by the seller, Video & Audio Center, in no way affects the terms of any manufacturer's warranty.
Refunds and Returns:
See “Return Policy” on the videoandaudiocenter.com web site.
Shipping and Handling/Risk of Loss:
Product prices do not include shipping and handling. Video & Audio Center will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
Limitation of Liability:
BOTH YOURS AND VIDEO & AUDIO CENTER'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR VIDEO & AUDIO CENTER BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR VIDEO & AUDIO CENTER SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Taxes and Fees:
Prices do not include any sales, local or other similar taxes or fees. Where applicable, taxes and fees will be shown on and added to your invoice. All such taxes shall be paid by you.
California Recycling Fees:
When you purchase a new TV or computer monitor, you will be charges a recycling fee of $6-$10, depending on screen size. This state law is designed to help crate the nation’s first eRecycling program. We’ll keep harmful materials from millions of discarded electronic devices from ending up in landfills and in our water supplies. So for a few dollars, we can help protect California’s environment, and help keep us all a little healthier. For more info, visit eRecycle.org. For monitors greater thatn 4 inches and les than 15 inches – the Electronic Waste Recycling Fee is $6. For monitors equal to or greater than 15 inches and less than 35 inches, the fee is $8. For monitors 35 inches and larger, the fee is $10.
Resale:
You certify and agree that you are purchasing Product(s) for your own internal use only, and not for resale. You shall not remove components from Product for resale.
Title:
Title to Product(s) passes from Video & Audio Center to you upon shipment from Video & Audio Center's facility.
Governing Law/Waiver of Jury Trial:
This Agreement and all purchases hereunder shall be governed by and construed under the law of the state of California, without regard to conflicts of laws rules. You agree that the courts of California shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either (i) Los Angeles County, State of California; or (ii) the Southern District of California of the United States District Court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.
Headings:
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Critical Components:
The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
Force Majeure:
Video & Audio Center shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Video & Audio Center. Quantities are subject to availability. In the event of shortage, Video & Audio Center may allocate sales and deliveries in its sole discretion.
Waiver/Invalidity:
Failure of Video & Audio Center to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
Entire Agreement:
These terms and conditions constitute the entire and exclusive agreement between you and Video & Audio Center concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Video & Audio Center.
Trademark:
The trademark " Video & Audio Center" and any other product names, service names or logos of Video & Audio Center used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of Mayer M&J Corporation or any of its affiliates. Other product names and/or company names used in the Web Site may be protected as their trademarks and/or trade names.
COPYRIGHT © 2008, Video & Audio Center
