All sales are subject to the following terms and conditions:
Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from iRestore.com.
(a) Prices are listed in iRestore.com’s advertisements 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 iRestore.com’s Credit Department. In such case, payment terms shall be as set forth in the credit agreement.
(c) iRestore.com collects sales and use taxes for sales shipped to the State of Kentucky. iRestore.com shall not be liable for handling or customs charges for shipments outside the United States.
iRestore.com will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. For any products sold that are damaged, lost, or stolen by carrier in transit to Customer, an insurance claim must be submitted to the carrier, not to iRestore.com. iRestore.com is not responsible or liable for loss or resulting damage due to carrier’s negligence or theft. Delivery times are estimates only and iRestore.com shall not be liable for delays. Orders that are refused will be charged a 15% restocking fee.
Vendor License Agreements.
Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
Products sold by iRestore.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) iRestore.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) iRestore.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.
(c) iRestore.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 iRestore.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 iRestore.com’s LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM iRestore.com. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE INTEGRAL TO THIS ORDER. 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 of Products are subject to iRestore.com’s current return policies, which are set forth on this web site, subject to any additional or lesser return rights adopted by the manufacturer or publisher.
These Terms of Sale represent the complete and final agreement between the Customer and iRestore.com for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in iRestore.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.
(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 Kentucky. Should any dispute arise regarding this agreement, Customer consents to jurisdiction in the State of Kentucky and agrees that venue is proper in the County of Fleming. Customer agrees that the place of performance of this agreement is in the County of Fleming, State of Kentucky. Further, the prevailing party in any such dispute shall be entitled to costs including attorney’s fees.
(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) iRestore.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 iRestore.com without notice, and are current as of the date of the web site. Please refer to the current web site.