Terms and Conditions
THIS
AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM IMPROV ELECTRONICS PLEASE READ
IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING
TO THESE TERMS.
"Product"
shall mean any item offered for sale or licensing on the improvelectronics.com Web
site or Improv Electronics direct sales materials (ads, catalogs,
specifications sheets etc.), including but not limited to hardware devices,
software, accessories, configurations of hardware and software, CDs and DVDs,
and documentation.
The terms and conditions herein may NOT be
altered, supplemented, or amended by the use of any additional document(s) that
purport to be an agreement of the parties. Any attempt to supplement or amend
these terms and conditions or to enter an order for Product(s) which is subject
to additional or altered terms and conditions shall be null and void.
Orders/ Acceptance by Improv Electronics/Acceptance
of This Agreement by You:
All orders of Products placed by you with Improv
Electronics are non-cancelable and shall be subject to acceptance by Improv
Electronics Improv Electronics reserves the right to reject any order you place
with us, and/or to limit the quantities on any order. Notwithstanding any order
confirmation or other communications sent by Improv Electronics, your order
shall not be deemed accepted by Improv Electronics until Improv Electronics’
shipment of the products ordered. Your submission of your order shall
constitute your full acceptance of these terms and conditions. IF YOU DO NOT
ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
Improv Electronics makes no warranties except
those stated in the Improv Electronics return/warranty terms on the improvelectronics.com Web site, IMPROV ELECTRONICS EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES
OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED
WARRANTIES OF NON-INFRINGEMENT.
Payment Terms; Price Confirmation/Billing
Errors:
Unless otherwise indicated, the purchase price
of Products will be billed in full at the time of Product shipment. Improv
Electronics will charge credit cards upon shipment. Improv Electronics accepts
Mastercard, Visa, and American Express. Improv Electronics does not accept
cash, COD, purchase orders, or personal checks unless specific arrangements
have been made for business sales. Improv Electronics payment terms are subject
to change without notice at Improv Electronics’ sole discretion. For web
orders, we confirm the price of a Product as part of our order processing
procedures. In the unlikely event that a price stated on the improvelectronics.com
Web site or direct sales materials are incorrect, then the following applies:
If a Product's correct price is lower than our stated price, we charge the
lower price and ship you the Product. If a Product's correct price is higher
than our stated price, we will, at our discretion, either contact you for
instructions before shipping or cancel your order and notify you of such
cancellation. Improv Electronics shall not be liable for any billing errors
unless you advise us of such billing error within sixty (60) days of its
transaction date.
Improv Electronics
continually updates and revises Products. Improv Electronics may revise and/or
discontinue Products at any time. Changes in products shipped and products
described the improvelectronics.com and/or direct sales materials are possible. Improv
Electronics Products are new unless specified as refurbished.
Coupons and promotional codes are
non-transferable, may only be used once and may not be redeemed for cash or
credit. Coupons must be surrendered at time of redemption. Coupon and
promotional code offers are void where prohibited, taxed or restricted by law.
Lost coupons and promotional codes cannot be replaced. Coupon and promotional
code offers are valid only in the United States, excluding territories. If you
have questions regarding a coupon or promotional code, please call 1-855-224-0888.
Coupon/promotional code programs may be terminated or modified by Improv
Electronics at any time in its sole discretion. Unless otherwise permitted by
the terms of the promotional offers, limit of one coupon/promotion code per
purchase applies.
Improv Electronics’ return policy allows for
Products purchased directly from Improv Electronics to be returned by you
during the 30 day period following date of shipment by Improv Electronics for a
refund of purchase price actually paid. If you have received damaged, defective
or incorrectly shipped merchandise please notify Improv Electronics within 30
days. Products must be returned in the original packaging. Shipping and
handling charges are not refundable. Damage and missing part restocking fees may
apply. You are responsible for and must prepay all shipping charges and you
shall assume all risk of loss or damage to Product while in transit to Improv
Electronics. If you return Product to Improv Electronics (i) after 30 days from
shipment or (ii) without proper packaging, Improv Electronics retains the right
to either refuse delivery of such return or charge you a restocking fee. Please
allow up to eight weeks for Improv Electronics to credit your account.
Shipping and Handling/Risk of Loss:
Unless otherwise stated at the time of
purchase, product prices do not include shipping and handling. Improv
Electronics will use its discretion in selecting reputable carrier’s and
appropriate means of shipment. Risk of loss or damage to Products in transit is
yours. In the event of Product damage or loss during transit, it is your
responsibility to file a claim with the carrier.
BOTH YOURS AND Improv Electronics LIABILITY SHALL BE LIMITED TO THE PRICE
PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR IMPROV ELECTRONICS BE LIABLE
TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM
THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT
HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE ,
OR OTHERWISE. NEITHER YOU NOR IMPROV ELECTRONICS SHALL HAVE ANY LIABILITY TO
THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Prices do not include any sales, local or
other similar taxes. Where applicable, taxes will be shown on and added to your
invoice. All such taxes shall be paid by you.
You certify and agree that you are purchasing
Product(s) for your own internal use only, and not for resale. You shall not
remove components from Product for resale.
Governing Law/Waiver of Jury Trial:
This Agreement and all purchases hereunder
shall be governed by and construed under the law of the state of Ohio, without
regard to conflicts of laws rules. You agree that the courts of Ohio shall have
exclusive jurisdiction over the parties for all disputes. Venue shall lie
exclusively and only in either (i) Portage County, State of Ohio; or (ii) the Ohio Northern District Court of
the United States District Court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH
RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.
The section headings used herein are for
convenience or reference only and do not form a part of these terms and
conditions, and no construction or inference shall be derived there from.
The Products are not authorized for use as
critical components in life support systems or situations where failure to
perform can reasonably be expected to cause significant injury to users or
others.
Improv Electronics shall not be liable for any
delay or failure in performance caused by or resulting from acts of God, fire,
flood, accident, riot, war, government intervention, embargoes, strikes, labor
difficulties, equipment failures, or any other causes beyond the control of Improv
Electronics. Quantities are subject to availability. In the event of shortage, Improv
Electronics may allocate sales and deliveries in its sole discretion.
Failure of Improv Electronics to insist upon
strict performance of any provisions hereof shall not be deemed a waiver of its
right and remedies. If any provision of this Agreement is deemed by a court to
be unenforceable, the remainder shall stay in effect.
Entire Agreement:
These
terms and conditions constitute the entire and exclusive agreement between you
and Improv Electronics concerning the Products and your purchase hereunder and
supersedes any and all statements or other agreements, whether oral or written,
between you and Improv Electronics.
The
trademark "Boogie Board” and any other product names, service names or
logos of Improv Electronics used, quoted and/or referenced in this Web Site are
trademarks or registered trademarks of Kent Displays, Inc. or any of its affiliates.
Other product names and/or company names used in the Web Site may be protected
as their trademarks and/or trade names.
Rev.
5/11
