Your purchase from, or sale to Planet One Components, Inc. ("POC") is governed by the terms and conditions as set forth below. By submitting an order for products or services or tendering products or services you indicate your acceptance of and agreement to be bound by the terms and conditions set forth below.
These terms and conditions may be changed by POC at anytime in the future. It is your responsibility as a purchaser to periodically review the terms and conditions for amendments. The amendments shall take effect immediately upon posting on the site without further notice to you. These terms and conditions were last updated November 30, 2007.
ORDER ACCEPTANCE POLICY
Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. POC reserves the right at any time after receipt of your order to accept or decline your order.
MAKING PURCHASES
If you wish to license or make purchases of product or services, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to POC will be accurate, complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases.
CERTIFICATE OF COMPLIANCE
It is hereby certified that all materials used in the manufacture of parts in the quantity called for on the subject purchase order conform to the material and/or manufacturing specifications indicated in drawings or specifications as called for on said purchase order.
TERMS AND CONDITIONS OF SALE AND RETURN
Planet One Components, Inc. (POC) considers all sales to be non cancelable, non returnable, and non refundable and not to be rescheduled. The only exceptions may be if a customer reports to us in writing, within 5 business days but no more than 7 calendar days of receiving product, that the goods received (a) are not the parts they ordered on their purchase order, or (b) do not conform to the manufacturers stated form, fit or function for the product (failure and test report required). For returns that we authorize with a Return Merchandise Authorization (RMA) in writing, POC either will issue an in house credit for a future purchase, replace the parts, or refund our client for the cost of goods purchased reflected on our invoice, at our sole discretion. POC considers an order to be complete at the time it ships from our premises. POC may charge a 50% restocking fee for all parts returned.
DISCLAIMER AND LIMITATION OF LIABILITY
Beyond our certification of compliance, any product or service licensed or purchased from POC is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or non infringement or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. You acknowledge that any warranty that is provided in connection with any of the products described herein is provided solely by the owner, advertiser, manufacturer or supplier of that product and not by POC.
You agree that, except as provided under the POC return policy, POC and its directors, officers, employees, agents, sponsors, consultants or other representatives ("service providers") shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction or interruption of business) under any contract, negligence, strict liability or other theory arising out of or relating in any way to your purchase from POC. POC will not be liable for any lack of availability of products you may order.
If the foregoing limitation is held to be unenforceable, the maximum liability of POC and its service providers to you shall not exceed the amount of fees paid by you and for the products you have purchased from POC. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction's law is applicable to this agreement.
NO AGENCY
You and POC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser franchisee relationship is intended or created by your purchase.
APPLICATION OF NEW YORK LAW
Your purchase transaction shall be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. Both parties submit to jurisdiction in New York and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in the City of New York, New York.
ARBITRATION
Any controversy or claim arising out of or relating to this transaction or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the City of New York, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or POC may seek any interim or preliminary relief from a court of competent jurisdiction in New York necessary to protect the rights or property of you or POC pending the completion of arbitration.
MISCELLANEOUS
You agree that you will reimburse POC for any cost associated with enforcement of POC's rights under this agreement including but not limited to, collection costs, and court and attorney fees.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between the parties relating to the subject matter herein, superceding all previous agreements, and cannot be modified except in a written agreement signed by both parties. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
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