Terms and Conditions
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM Cony Electronics Service Co. ltd. ("Cony Electronics Service"). PLEASE READ IT CAREFULLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.
Definitions:
"Product" shall mean any item offered for sale on the Cony Electronics Servicestyle Web site or Cony Electronics Service's direct sales materials (ads, catalogs, specifications sheets etc.), including documentation and any other items supplied by Cony Electronics Service.
Entire Agreement:
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 Cony Electronics Service/Acceptance of This Agreement by You:
All orders of Products which placed by you with Cony Electronics Service are non-cancelable and shall be subject to acceptance by Cony Electronics Service. Cony Electronics Service 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 Cony Electronics Service, your order shall not be deemed accepted by Cony Electronics Service until Cony Electronics Service's 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.
Limited Warranties:
With respect to Cony Electronics Service branded Products, Cony Electronics Service makes no warranties except those stated in the Cony Electronics Service limited warranty cards included with the Products, or, in the case of optional extended warranties issued by Cony Electronics Service, such extended warranty documentation.
With respect to third party (i,e,. non-Cony Electronics Service branded) Products, such Products are sold by Cony Electronics Service AS IS. However the third party manufacturer or supplier of these Products may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims.
Cony Electronics Service 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. Cony Electronics Service will charge credit cards upon shipment. Cony Electronics Service accepts Mastercard, Visa, American Express and Discover. Cony Electronics Service does not accept cash, COD, purchase orders, personal checks or the Cony Electronics Service Preferred Card unless specific arrangements have been made for business sales.
Cony Electronics Service payment terms are subject to change without notice at Cony Electronics Service's 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 a Cony Electronics Service 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. Cony Electronics Service shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.
Products:
Cony Electronics Service continually updates and revises Products. Cony Electronics Service may revise and/or discontinue Products at any time. Changes in products shipped and products described on Cony Electronics Service websites and/or direct sales materials are possible. Cony Electronics Service Products are new unless specified as refurbished.
Return Policy:
Cony Electronics Service's return policy allows for Products purchased directly from Cony Electronics Service and shipped to locations in the United States to be returned by you after obtaining a Cony Electronics Service return authorization number (RMA) during the 30 day period following date of shipment by Cony Electronics Service for a refund of purchase price actually paid. If you have received damaged, defective or incorrectly shipped merchandise please notify Customer Service 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 Cony Electronics Service. If you return Product to Cony Electronics Service (i) without a RMA from Cony Electronics Service or (ii) beyond the 14 day issuance period, or (iii) without proper packaging, Cony Electronics Service retains the right to either refuse delivery of such return or charge you a restocking fee.
Please allow up to eight weeks for Cony Electronics Service to credit your account.
Shipping and Handling/Risk of Loss:
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.
Limitation of Liability:
BOTH YOURS AND Cony Electronics Service'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR Cony Electronics Service 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 Cony Electronics Service 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.
Taxes:
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.
Resale:
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 Japan, without regard to conflicts of laws rules. You agree that the courts of Japan shall have exclusive jurisdiction over the parties for all disputes.
Critical Components:
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.
Force Majeure:
Cony Electronics Service 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 Cony Electronics Service. Quantities are subject to availability. In the event of shortage, Cony Electronics Service may allocate sales and deliveries in its sole discretion.
Waiver/Invalidity:
Failure of Cony Electronics Service 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 Cony Electronics Service concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Cony Electronics Service.
Trademark:
The trademark "Cony Electronics Service" and any other product names, service names or logos of Cony Electronics Service used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of Cony Electronics Service Corporation 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.
