Disclaimer & Legal Statement:
WARRANTY: In the event of a defective iMBAPrice™ product, iMBAPrice™ will provide a replacement product free of charge. Shipping and handling of product will vary based on location of the customer. If the customer lives within the contiguous United States, iMBAPrice™ will cover the shipping cost for the whole replacement process if the product is defective within 1 year of purchase date. Any later, or if the customer is located outside of the contiguous United States, there will be a shipping charge. The replacement product itself is free, but the customer is responsible for the cost of shipping the defective product to and from iMBAPrice™. iMBAPrice™ is not responsible for user inflicted damage to our products.
LIMITATION OF LIABILITY: In all circumstances iMBAPrice™'s maximum liability is limited to the purchase price of the products sold. iMBAPrice™ shall not, under any circumstances, be liable upon a claim of action in contract, tort, indemnity or contribution, or other claims relating to the products it sells which exceeds this liability limit. iMBAPrice™ shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or net iMBAPrice™ is apprised of the possibility of such claims or damages.
POLICY AGAINST COUNTERFEIT PRODUCTS: iMBAPrice™ does not distribute or manufacturer any counterfeit products, hardware or software, that are in violation of US copyright or trademark laws. We require all of our venders and manufacturers to make the same pledge.
UNAUTHORIZED RESELLER: All iMBAPrice™ product resellers must gain approval prior to selling our products. Unauthorized resellers will have legal action taken against them.
TITLE; RISK OF LOSS: iMBAPrice™ will arrange for shipment of ordered product(s) to the Customer, Free On board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. iMBAPrice™ reserves a purchase money security interest in the product(s) until its receipt of the full amount due, and insures products against damage for this reason. Customers are expected to provide a reasonably secure delivery environment and are required to notify us if an unsafe delivery environment exists where products may be stolen before delivery. Customer agrees to allow iMBAPrice™ to sign appropriate documents on Customer's behalf to permit iMBAPrice™ to protect its purchase money security interest. All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the shipping package is broken. iMBAPrice™ will advise Customer of estimated shipping dates, but iMBAPrice™ will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
GOVERNING LAW AND JURISDICTION: Any dispute arising out of or related to these Terms and Conditions or the sales transaction between iMBAPrice™ and Customer shall be governed by the laws of the State of Texas , without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. iMBAPrice™ and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Texas , Harris County , to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, and equity or otherwise, against iMBAPrice™ that is more than one year after the date of the applicable invoice.
SEVERABILITY: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforce-ability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Texas law.
WAIVER: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
ENTIRE AGREEMENT: These terms and conditions, together with the iMBAPrice™'s invoice respecting the products ordered by Customer, are the complete and exclusive agreement between iMBAPrice™ and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between iMBAPrice™ and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.