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Term 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 DOCUMENT
CONTAINS A DISPUTE RESOLUTION
CLAUSE.
This
Agreement contains the terms and
conditions that apply to
purchases by Home, Home Office,
and Small Business customers
from the Intense HID entity
named on the invoice ( "Intense
HID" ) that will be provided to
you ("Customer" ) on orders for
Intense HID HID Kit or related
products sold from us. You agree
to be bound by and accept this
agreement as applicable to your
purchase of product(s) or
service(s) from Intense HID. By
using Intense HID's Site and
submitting orders to Intense
HID's systems, 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 Intense
HID IN WHICH CASE THE SEPARATE
AGREEMENT SHALL GOVERN; OR (ii)
UNLESS OTHER Intense HID
STANDARD TERMS APPLY TO THE
TRANSACTION.
These terms and conditions are
subject to change without prior
written notice at any time, in
Intense HID's sole discretion.
Other Documents:
Other than as specifically
provided in any separate formal
purchase agreement between
Customer and Intense HID, 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 Intense HID.
GOVERNING LAW:
THE
PURCHASE OF ITEM(S) THROUGH OUR
WEBSITE SHALL BE DEEMED TO BE A
CONTRACT MADE UNDER US LAW AND
GOVERNED BY THE LAWS OF US. THE
CUSTOMER AGREES TO SUBMIT TO THE
JURISDICTION OF THE UNITED
STATES COURTS AND TO ABIDE BY
ALL APPLICABLE LOCAL, STATE,
NATIONAL AND INTERNATIONAL LAWS
AND REGULATIONS. Intense HID
SITE SHALL BE DEEMED TO BE A
CONTRACT MADE UNDER UNITED
STATES LAW AND GOVERNED BY THE
LAWS OF UNITED STATES. THE
CUSTOMER AGREES TO SUBMIT TO THE
JURISDICTION OF THE UNITED
STATES COURTS AND TO ABIDE BY
ALL APPLICABLE LOCAL, STATE,
NATIONAL AND INTERNATIONAL LAWS
AND REGULATIONS.
Payment Terms; Orders;
Quotes:
Terms of payment are within
Intense HID's sole discretion,
and unless otherwise agreed to
by Intense HID, payment must be
received by Intense HID prior to
Intense HID's acceptance of an
order. Payment for the products
will be made by credit card,
check, cashier check, money
order, or some other prearranged
payment method unless credit
terms have been agreed to by
Intense HID. Invoices are due
and payable within the time
period noted on the invoice,
measured from the date of the
invoice. Intense HID may invoice
parts of an order separately.
Orders are not binding upon
Intense HID until accepted by
Intense HID. Any quotations
given by Intense HID will be
valid for the period stated on
the quotation and prices may
change from period of time.
Shipping Charges; Taxes:
The prices of the item(s)
ordered are displayed at Intense
HID's site and in Customers
shopping cart, and are quoted in
US Dollars ("USD"). The prices
displayed exclude any form of
taxes. All taxes and custom
duties which may incurred in the
process of shipment at the
destination country shall be
bear by the Customer. The
delivery charges payable shall
be calculated in Customers
shopping cart. Intense HID uses
third parties for the delivery
of the items. Items will be
delivered to address provided by
the Customer. Which Intense HID
takes all efforts to procure the
expeditious delivery of the
items to the Customer, Intense
HID does not represent or
warrant that the items will be
delivered to the Customer within
the time frames quoted on our
Site. The delivery time frames
specified in Customers shopping
cart are indicative only and
shall not be an obligation on us
or the carrier. If the Customer
fails to take delivery of the
items or fails to enable Intense
HIDor the carrier to make
delivery (whether by refusal or
failure to provide any or proper
instructions, authorization,
information, payment etc),
delivery shall be deemed to have
take place upon the carrier or
Intense HID giving notice to the
Customer of such delivery
whereupon risk in the items
shall pass immediately to the
Customer. The Customer shall
reimburse Intense HID all costs
and expenses (including but not
limited to transport, storage
and insurance charges) incurred
by us as a result of your
failure or refusal to take
physical delivery.
It is company policy to charge
the customer all freight charges
associated with the shipment and
a 20% restocking fee.
Title; Risk of Loss:
Title to products passes from
Intense HID to Customer on
shipment from Intense HID's
facility. Loss or damage that
occurs during shipping by a
carrier is not Intense HID fault
but will do our best to resolve
the problem with the carrier.
Title to software will remain
with the applicable licensor(s).
Return Policies; Exchanges;
Refunds:
Intense HID understands that in
various cases after purchasing
an item, not all Customers may
be completely happy with their
goods. Intense HID regrets to
inform the Customers that
Intense HID does not allow any
return once the item(s) have
been deemed to be delivered to
you due to the nature of the
item(s) sold on the website
unless the product is defected
due to manufacturing is reported
within 10 calendar days after
receipt of the item(s) by the
customer. Intense HID allows
exchange for a different item or
store credit if the product is
reported within 10 ccalendar
days after receipt of the item(s)
by the customer. If Intense HID
makes an error and ships the
wrong product, Intense HID will
replace it with the correct item
if the product is still in its
original packaging. Which means
that the product must be
unopened and uninstalled. If the
product is opened, Intense HID
may buy back the product if it
is in mint condition or charge a
restocking fee. If the correct
item is temporarily out of
stock, Intense HID will notify
the customer and fill the order
when the item returns to stock.
If Intense HID cannot fill the
order at any time, a store
credit or refund will be
authorized at the Customers
request. The Customer is
responsible for shipping costs
of all returns. The products
must be returned in the original
packaging with all accessories
and manuals included. Any
discrepancies could result in a
delay or partial forfeiture.
There will be a re-boxing fee in
Intense HID's sole discretion
for products not returned in the
original manufacturer's
packaging. If part of a product
becomes defective by the
manufacturer and not by the
customer, the full product may
be returned. Due to limited
stock, replacement product may
not be available and cannot be
guaranteed. After the return
period, products will be covered
by the manufacturer's warranty
as applicable. All returns must
be sent via UPS, Federal
Express, DHL, or any other
courier that issues a tracking
or registered control number.
Before returns are shipped back
to Intense HID, customer should
email
support@intensehid.com
for instructions on completing
the return. If a customer
requests for a refund before the
product has been shipped out,
there will be a 5% service
charge fee to cover credit card
processing fee, which is
non-refunded once an order has
been successfully completed.
Refunds that have been shipped
out are subject to a 20%
restocking fee plus actually
shipping cost.
Products:
Intense HID's policy is one of
ongoing product update and
revision. Intense HID may revise
and discontinue products at any
time. Intense HID 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
Intense HID products are
selected from new product. Using
the technology available to
Intense HID, Intense HID has
tried it's best to ensure that
the thumbnail images of the
item(s) materially resemble the
item(s) delivered to the
Customer. Due to differences in
monitors and variance in
resolution setting, the color
seen on screen may not be the
exact color of the item(s).
However, due to limitations
beyond Intense HID's control,
Intense HID is not responsible
for any differences or
non-conformity of the item(s)
delivered to the Customer as
compared to the images of the
item(s) as shown on the Site.
Compatibility:
Intense HID strongly urges the
Customer to check compatibility
before ordering products. If an
item is returned due to
incompatibility, Intense HID
will be unable to accept it
back.
LIMITATION OF LIABILITY:
INTENSE
HID 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. Intense HID
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, Intense HID 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.
Service and Support:
Intense HID endeavors to provide
the best customer and technical
support via email. For end-user
Customers, Intense HID promises
that its support people will
attempt to handle over email and
other given support methods any
problem involving Intense HID
products. However, Intense HID's
support people may not be able
to understand or resolve any
given problem. Service offerings
may vary from product to
product. Intense HID has no
obligation to provide service or
support until Intense HID has
received full payment for the
product or service/support
contract for which service or
support is requested.
Shipping:
The customer pays for shipping
to Intense HID and Intense HID
pays for the shipping back to
you. Similar to a walk-in store,
Best Buy will not send a driver
or courier to your house to pick
up a defective item you bought
in their store. They will not
reimburse you for your time and
gas money spent to drive back to
the store either. However,
Intense HID will use every good
measure we have to ensure that
you will be able to get the item
replaced promptly with as little
hassle as possible.
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 there from.
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