Standard Terms and Conditions Agreement
This Standard Terms and Conditions Agreement ("Agreement") contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from R Cubed Technologies™ Corporation, or any of its subsidiaries or affiliates (collectively, "R Cubed Technologies™"). By accepting delivery of the product purchased from R Cubed Technologies™ and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for product (s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and R Cubed Technologies™. These terms and conditions are subject to change without prior written notice at any time, in R Cubed Technologies'™ sole discretion.
- Definitions.
- "We", "us" and/or "our" means R Cubed Technologies™ Corporation ("R Cubed Technologies™").
- "You" or "your" means the individual or entity named on the invoice.
- Payment Terms; Orders; Interest. Advertised prices are in U.S. Dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are within R Cubed Technologies™'s sole discretion, and unless otherwise agreed to in writing by R Cubed Technologies™, payment must be received by R Cubed Technologies™ before R Cubed Technologies™'s acceptance of an order. Invoice amounts are due and payable within the period noted on this invoice, measured from the date of the invoice. R Cubed Technologies™ may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.
- Taxes. Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.
- Shipping and Title. R Cubed Technologies™ will arrange to ship the product(s) you purchase to you. Title to the product(s) passes to you when R Cubed Technologies™ delivers it to the carrier and risk of loss passes to you when the shipper delivers product(s) to the address you designate. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. You must notify R Cubed Technologies™ of missing or damaged items in your order within five (5) days after you receive your product.
- Return Policy. 30-day Money Back Guarantee; In addition to the standard warranty, R Cubed Technologies™ offers a 30-day money back guarantee on every system. If you are not satisfied with your system, you may return it within 30 days for a refund. The refund will only be issued for the amount of the sale and will not include shipping costs. All systems and parts will be subject to a 25% restocking fee. To return merchandise, you must obtain an RMA number. Please call the R Cubed Technologies™ customer service department and provide the invoice number, item description, and serial number(s) of the merchandise you wish to return. Returned merchandise must be placed in original packaging, and include product manuals and other accessories. All sales on software items are final.
- Warranties for Domestic Customers; Disclaimer of Warranties. THERE ARE NO WARRANTIES FOR SOFTWARE OR SERVICES. R CUBED TECHNOLOGIES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN R CUBED TECHNOLOGIES'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND R CUBED TECHNOLOGIES WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES ONLY UPON R CUBED TECHNOLOGIES'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
- Warranties for International Customers; Disclaimer of Warranties. The standard warranty stated above in Section 6 applies to R Cubed Technologies™-branded products shipped to a country outside of the United States, provided that customers outside of the United States are responsible for paying all freight charges incurred in shipping, importing/exporting and receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to R Cubed Technologies™. All international customers are responsible for all customs duties, VAT and other associated taxes and charges. THE WARRANTY DISCLAIMER ABOVE IN SECTION 6 ALSO APPLIES TO INTERNATIONAL CUSTOMERS.
- Software. All software is provided subject to the license agreement that is part of the package you receive from R Cubed Technologies™. You agree to be bound by the license agreement once the package is opened or its seal is broken. R Cubed Technologies™ does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
- Exchanges. From time to time, R Cubed Technologies™ may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with R Cubed Technologies™'s exchange policies in effect on the date of the exchange.
- Products. R Cubed Technologies™ continually upgrades and revises its products and service offerings. R Cubed Technologies™ may revise and discontinue products at any time without prior notice to customers. R Cubed Technologies™ will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building R Cubed Technologies™ products are selected from new and equivalent-to new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted R Cubed Technologies™ SKU numbers for R Cubed Technologies™-branded hardware products are of the quality specified by R Cubed Technologies™ on its website and conform in all material respects with the R Cubed Technologies™ product specification current on the date such products were shipped.
- Software and Peripherals. Any warranty and technical support provided on third-party products offered by R Cubed Technologies™, such as computer monitors, speakers and other peripheral devices, as well as software, are provided by the original manufacturer and not by R Cubed Technologies™. The warranties and technical support offered by such manufacturers may vary from product to product. R Cubed Technologies™-branded software and peripheral devices carry the same warranty terms as those described in Section 6.
- Limitation of Liability. R CUBED TECHNOLOGIES DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. R CUBED TECHNOLOGIES WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILTY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, R CUBED TECHNOLOGIES IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
- Binding Arbitration. You and R Cubed Technologies™ agree that any claim, dispute or controversy, whether in contract, tort or otherwise, and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims ("Dispute") against R Cubed Technologies™, its shareholders, directors, employees, agents, successors, assigns or affiliates arising from, in connection with or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), R Cubed Technologies™'s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARIBTRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect. The arbitration will be limited solely to the dispute or controversy between you and R Cubed Technologies™. The arbitration will be conducted before three (3) independent and impartial arbitrators. R Cubed Technologies™ will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator who will be the presiding arbitrator. The arbitrators will render their award in writing and will include the findings of fact and conclusions of law upon which their award is based. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
- Not for Resale. You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale. R Cubed Technologies™ has separate terms and conditions governing resales and transactions outside the United States.
- Miscellaneous Provisions. You will not register or use any Internet domain name that contains an R Cubed Technologies™ trademark or trade name (i.e., R Cubed Technologies™) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired. This Agreement and any sales thereunder shall be governed by the laws of the state of Illinois, without regard to conflicts of laws principles.
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