Terms
and Conditions of Sale
PLEASE
READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. THEY
GOVERN ANY PURCHASE OF GOODS OR SERVICES FROM CINCINNATI
SHO (UNLESS YOU HAVE ENTERED INTO A SEPARATE FORMAL PURCHASE
AGREEMENT WITH CINCINNATI SHO THAT SPECIFICALLY COVERS THE
GOODS OR SERVICES PURCHASED THROUGH THIS SITE, IN WHICH
CASE THE SEPARATE AGREEMENT WILL GOVERN).
BINDING CONTRACT; PRIORITY OF SALE TERMS
These Terms and Conditions of Sale (as amended from time
to time, the "Sale Terms") create a legal contract
between Customer and CINCINNATI SHO. Customer accepts the
Sale Terms by making a purchase or placing an order. References
to "you" or "your" shall mean Customer;
references to "CINCINNATI SHO" shall mean Cincinnati
SHO and its affiliates. The Sale Terms are subject to change
without notice, but the Sale Terms posted on this Site at
the time Customer places or modifies an order will govern
that particular order. Said order is not considered executed
and binding prior to the transfer of funds from customer
to Cincinnati SHO.
CINCINNATI
SHO hereby notifies Customer in advance that CINCINNATI
SHO objects to any terms and conditions in Customer's purchase
order or other document that are additional to or different
than the Sale Terms, whether or not such additional or different
terms would materially alter this contract. If a contract
between Customer and CINCINNATI SHO is established through
performance or other conduct of the parties, the terms and
conditions of that contract will not be deemed to consist
only of terms and conditions as to which the parties' writings
agree, but rather the Sale Terms shall be a part of that
contract and will prevail over the conflicting and/or different
terms and conditions of any other document forming a part
of the contract.
Electronic
records (including signatures), that are otherwise valid,
will be accepted under the Sale Terms. Customer consents
to receiving electronic records, which may be provided via
a web browser or e-mail application connected to the Internet.
ORDERS;
PAYMENT TERMS; TAXES
Orders are not binding upon CINCINNATI SHO until accepted
by CINCINNATI SHO. Terms of payment are within CINCINNATI
SHO' sole discretion. CINCINNATI SHO reserves the right
to limit quantities. Invoices are due and payable within
the time period stated on the invoice, or if no time period
is stated, within 30 days after invoice date. CINCINNATI
SHO may invoice portions of an order separately. Customer
agrees to pay interest on all past due sums at the lesser
of 12% per annum or the highest rate allowed by law. Prices
do not include, and Customer is responsible for, applicable
sales tax, duties and other taxes (including duty and applicable
GST, HST and PST for Canadian shipments), which may be invoiced
at any time. For Canadian shipments, you authorize CINCINNATI
SHO to appoint a Canadian customs broker to act on your
behalf to obtain customs clearance of your merchandise and
to remit applicable duty and taxes to the appropriate Canadian
authorities.
SHIPPING;
RISK OF LOSS
Any shipping schedule provided by CINCINNATI SHO to Customer
is CINCINNATI SHO' then current estimate of delivery dates.
CINCINNATI SHO will use reasonable efforts to deliver in
accordance with that schedule, but CINCINNATI SHO does not
warrant or guarantee any particular delivery dates. CINCINNATI
SHO will select the carrier unless otherwise agreed to by
CINCINNATI SHO in writing. Shipments will be made FOB CINCINNATI
SHO' designated shipping point and Customer bears all risk
of loss or damage during transit.
MANUFACTURER
WARRANTY; DISCLAIMER
Some products sold by CINCINNATI SHO come with a limited
warranty or software license provided by a third-party manufacturer
or vendor. All other products are sold AS IS, without warranty.
To the extent permitted by the manufacturer and applicable
law, CINCINNATI SHO assigns and transfers to Customer any
and all applicable warranties made by the manufacturer with
respect to goods or services purchased from CINCINNATI SHO.
CINCINNATI
SHO MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT
TO ANY GOODS, SOFTWARE OR SERVICES SOLD HEREUNDER OR AS
TO ANY OTHER MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FREEDOM FROM
INFRINGEMENT CLAIMS, OR FITNESS FOR A PARTICULAR PURPOSE.
CINCINNATI
SHO cannot be liable for pictorial or typographical
inaccuracies on this Site. All product specifications are
subject to change without notice.
PRICING
AND PRICE CHANGES
Prices shown are cash prices in U.S. dollars and are subject
to change without notice. CINCINNATI SHO reserves the right
to adjust prices due to changing market conditions, product
discontinuation, manufacturer price changes, errors in advertisements
and other circumstances.
SKU
DISCLAIMER
CINCINNATI SHO is not responsible for verifying the configuration
or the completeness of the product being ordered. Ordering
single item numbers may not provide all the items necessary
to get started. Some systems do not ship with power cords,
cable or keyboards/country kits and it is the user's responsibility
to add these items as needed.
LIMITATION
OF LIABILITY
CINCINNATI SHO shall not be liable to Customer under any
claim or circumstances (including, but not limited to, any
circumstance involving a finding that any warranty or remedy
has failed of its essential purpose), whether the claim
sounds in contract, tort or other legal theory, for indirect,
incidental or consequential damages, including but not limited
to damages for lost profits or revenue, lost sales, lost
goodwill or loss of use of a product. Customer shall be
limited (subject to the exclusions set forth above) to recovering
only its direct damages up to but not in excess of the purchase
price paid by Customer to CINCINNATI SHO for the goods or
services giving rise to the claim.
CANCELLATIONS
AND RETURNS
All product returns shall be authorized and processed through
a CINCINNATI SHO Representative at (513) 573-9632. Non-defective,
factory sealed, unopened products may be returned at any
time within 30 days after shipment date, in accordance with
CINCINNATI SHO' return policy and procedures (including
obtaining a Return Authorization number). Configured or
otherwise modified products may not be returned. CINCINNATI
SHO may refuse returns if: (i) restricted by manufacturer/vendor;
or (ii) the products are obsolete or the product manufacturer
is insolvent or in bankruptcy. Non-defective, unopened products
may be returned for full or partial credit or for exchange,
as determined by CINCINNATI SHO. CINCINNATI SHO cannot accept
collect or postage-due return shipments, and CINCINNATI
SHO is not responsible for uninsured packages that are lost
in transit. CINCINNATI SHO strongly suggests that you insure
your package.
Canceling
an Order
If you need to cancel an order, please call a CINCINNATI
SHO Representative at (513) 573-9632. If CINCINNATI SHO
is unable to stop your order prior to shipment, you may
return it in accordance with CINCINNATI SHO' return procedures.
Damaged
or Lost Items
If your shipment is visibly damaged upon receipt, please
REFUSE acceptance of the shipment. If you cannot refuse
acceptance, please note the damage on the carrier's freight
bill or receipt. Be sure to retain a copy. Keep the original
carton, all packing materials and parts intact. Please contact
a CINCINNATI SHO Representative at (513) 573-9632 within
10 calendar days after receiving a damaged shipment, or
as soon as you determine that a shipment is lost.
Restocking
Fee
Authorized returns that are not due to order fulfillment
error are subject to a restocking fee of 10% of the invoice
amount, with a minimum of $50. You are responsible for paying
the shipping, insurance and handling charges to return the
product. CINCINNATI SHO will not authorize return of non-supported
products, products discontinued by the manufacturer/vendor,
or other classes of products reasonably determined by CINCINNATI
SHO. Customer may contact the manufacturer/vendor for resolution
of problems with such products.
Used
Products offered for sale
Cincinnati SHO offers used products for sale "as-is"
and with no implied or express warranties. The parts are
only specified to be applicable to the Ford Taurus SHO and
they should be inspected by Customer upon arrival via shipping
carrier. Any claims regarding used products shipped in accordance
with this must be communicated to Cincinnati SHO representatives
within 10 days of receipt of said item. If a return is authorized
Cincinnati SHO will provide an RMA and instructions for
return shipping. Cincinnati SHO does not warranty these
items and will not be held liable or otherwise responsible
for any consequential or other damages which result from
installation and use of used products.
Defective
Products
Defective products may be returned to CINCINNATI SHO for
credit or exchange. Customer may also contact the manufacturer/vendor
for resolution of problems with defective products. CINCINNATI
SHO is not liable for any failure of the manufacturer/vendor
to honor its warranties or its obligations to repair/replace
products or otherwise provide customer support.
Return
Authorization Process
Customer
must contact a CINCINNATI SHO Account Representative at
(513) 573-9632 to obtain a Return Authorization (RA) number
before returning any product. CINCINNATI SHO will not accept
returns of any type without an RA number. Customer should
have the following information available when requesting
an RA number:
customer name
invoice number
serial number
reason for return.
All
products authorized by CINCINNATI SHO for return MUST: be
100 percent complete, contain ALL original boxes and packing
materials, have original UPC codes on the manufacturer boxes,
contain all manuals, user guides, warranty cards and other
materials provided by the manufacturer. Customer is responsible
for all shipping, insurance and handling charges to return
the product. Returns that are not made as set out above
will be returned or rejected and no refund or credit will
be processed.
GOVERNING
LAW AND JURISDICTION; LIMITATIONS
This Agreement, the construction of this Agreement, all
rights and obligations between CINCINNATI SHO and Customer,
and any and all claims arising out of or relating to the
subject matter of this Agreement (including all tort claims),
shall be governed by the laws of the Commonwealth of Kentucky,
without regard to its conflicts of law principles.
Any
litigation or other legal proceeding of any kind based upon
or in any way related to this Agreement, its subject matter,
and/or any rights or obligations between the parties to
this Agreement, shall be brought exclusively in an appropriate
court of competent jurisdiction (state or federal) located
in Warren County, Ohio (if the action is brought in state
court) or in the Southern District of Ohio (if the action
is brought in federal court). Any action brought in such
courts shall not be transferred or removed to any other
state or federal court. It is further understood and agreed
by the parties that they consent to the exercise of jurisdiction
over them by the above-named courts as their freely negotiated
choice of forum for all actions subject to this forum-selection
clause. Any litigation or other legal proceeding related
to this Agreement must be brought within two (2) years after
the cause of action arises or be forever barred.
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