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Terms & Conditions
THESE TERMS AND CONDITIONS OF SALE APPLY TO CONSUMERS WHO PURCHASE ON THE Weather X WEBSITE (www.weather-x.com).
The
following terms and conditions will apply to any purchase you make on
Weather Xaudio.com. Please read this document carefully as it contains
important information about your rights and obligations and certain
limitations and exclusions that may apply.
This Agreement contains
the terms and conditions that apply to your purchase from the entity
("Weather X") named on the invoice that will be provided to you
("Customer") on orders for computer systems and/or related products and
consumer electronics sold by Weather X. Customer agrees that, by
accepting delivery of the consumer electronics and/or other products
described in the invoice, Customer is bound by and accepts these terms
and conditions unless Customer has signed a separate formal purchase
agreement with Weather X. The terms and conditions contained in this
Agreement are subject to change without prior written notice at any
time, in Weather X's sole discretion.
Payment Terms
The
terms of payment with respect to any purchase made on this website are
within Weather X’s sole discretion. Customer’s receipt of an electronic
or other form of order confirmation does not signify Weather X’s
acceptance of Customer’s order, nor does it constitute confirmation of
Weather X’s offer to sell. Orders placed on this website will not be
binding upon Weather X, and all right, title and interest in and to any
products ordered shall remain with Weather X, until such order is
accepted by Weather X, such acceptance becoming effective when Weather
X puts the products ordered by Customer in the possession of, and makes
appropriate arrangements with, the courier service or other carrier
responsible for their transportation and delivery to the Customer. All
right, title and interest in and to the products so ordered shall pass
to the Customer upon delivery of such products to the courier service
or other carrier as set forth herein. Unless otherwise agreed to by
Weather X, payment must be received by Weather X prior to Weather X’s
shipment of an order. Payment for the products will be made by credit
card or any other pre-arranged method agreed to by Weather X. Credit
card purchases will be subject to payment authorization and approval of
the issuing financial institution of the credit card.
Prices, Shipping Charges and Taxes
All
prices for products shown on the Weather Xaudio.com site are in United
States dollars. All prices for products do not include charges for
shipping, handling and taxes. Customer will be charged for such
additional charges separately. All charges will be displayed on the
invoices. All sales and use taxes will be for the account of Customer.
Weather X will not accept orders for shipments outside of the United States.
Limited Warranty
THE
LIMITED WARRANTIES APPLICABLE TO THE PRODUCTS WILL BE INCLUDED WITH THE
PRODUCT SHIPPED AND RECEIVED BY CUSTOMER. TO OBTAIN A COPY OF THE
WARRANTIES APPLICABLE TO THE PRODUCT YOU ARE ORDERING PLEASE DOWNLOAD
WARRANTY PDF FILE. Weather X WILL NOT BE OBLIGATED TO HONOR ANY SUCH
WARRANTIES UNTIL RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE
WARRANTED. Weather X EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Weather X reserves the right, in its sole discretion, to modify its warranty at anytime.
All
software that may be included with a product is subject to the license
agreement that is part of the package. Customer agrees to be bound by
the terms of the license agreement upon opening the package for the
software. Weather X does not warrant any software under this Agreement.
Any warranties for the software will be found in the license agreement
that governs its purchase and use.
Disclaimer and Limitation of Liability
THIS
WEBSITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS,
WHERE IS" BASIS. Weather X MAKES NO REPRESENTATIONS OR WARRANTIES,
EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS WEBSITE OR
ITS CONTENTS.
PRICE AND AVAILABILITY OF PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
THE
SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO Weather X ARISING FROM ANY
PRODUCT SOLD ON THIS WEBSITE WILL BE THE PRICE OF THE PRODUCT ORDERED
BY CUSTOMER. IN NO EVENT SHALL Weather X, ITS DIRECTORS, OFFICERS,
EMPLOYEES, REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, DIRECT,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF PROFIT, BUSINESS OR OPPORTUNITY, RELATING TO ANY
PRODUCT SOLD HEREUNDER OR FOR ANY CLAIM BY ANY THIRD PARTY.
Return Policy
Products
purchased on this website may be returned fifteen days (15) from the
date of purchase for a refund of the purchase price as long as the
product is returned in original condition with all accessories
included. Missing accessories or abused items will be deducted from
the credit. Shipping and handling charges will not be refunded.
Customer is responsible for return of the unit insured and freight
prepaid to Weather X, 2116 Carr St., St. Louis, MO 63106. The credit
card used for the original purchase will be credited within the next
monthly billing cycle. The 90 day limited warranty included with the
product applies from the original date of purchase.
Products
Products
offered for sale on this website may be limited or not available.
Weather X reserves the right to add, delete, discontinue or change any
of the products offered for sale on the website at any time. Price and
availability of product are, in the sole discretion of Weather X
subject to change without notice.
Other Documents
These
terms and conditions may not be altered, supplemented, or amended by
the use of any other document(s). Any attempt to do so will null and
void.
General
This Agreement
and any transactions pursuant to this Agreement will be governed by and
subject to the laws of the State of Missouri applicable to contracts
entered into and performed within the State of Missouri without respect
to its conflict of laws principles. The parties also agree that the
exclusive forum for any claims or causes of action arising under this
Agreement is the United States District Court for the District of St.
Louis or any Missouri Court sitting in St. Louis County.
If
any section or portion of this Agreement is found to be illegal or
unenforceable, such illegality or unenforceability will not affect the
remaining terms and conditions of this Agreement, which will continue
in full force and effect.
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