The Linux Laptop Company, Inc (The Linux Laptop Company) Terms and
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS
MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
These terms and conditions ("Agreement") apply to your purchase of
systems and/or related products and/or services and support sold in the
States ("Product") by The Linux Laptop Company. By accepting delivery of the Product,
accept and are bound to the terms and conditions of this Agreement. If you
not wish to be bound by this Agreement, you must notify The Linux Laptop Company
immediately and return your purchase pursuant to The Linux Laptop Company's Total
Satisfaction Return Policy. (Visit:
to contact us.) If returned, Product(s) must remain in the
boxes in which
were shipped. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE
PURCHASE AGREEMENT WITH THE LINUX LAPTOP CO, IN WHICH CASE THE SEPARATE AGREEMENT
SHALL GOVERN; OR (II) OTHER THE LINUX LAPTOP CO TERMS AND CONDITIONS APPLY TO THE
TRANSACTION. THE LINUX LAPTOP CO DOES NOT REIMBURSE SHIPPING COSTS UNDER ANY CIRCUMSTANCES.
1. Other Documents.
This Agreement may NOT be altered, supplemented, or amended by the use of
other document(s) unless otherwise agreed to in a written agreement signed
both you and The Linux Laptop Company. If you do not receive an invoice or
in the mail, via email, or with your Product, information about your
may be obtained by contacting your sales representative.
2. Payment Terms; Orders; Quotes; Interest.
Payment terms are within The Linux Laptop Company's sole discretion, and, unless
agreed to by The Linux Laptop Company, payment must be made at the time of purchase.
Payment for Product may be made by credit card, wire transfer, or some
prearranged payment method. Your order is subject to cancellation by
The Linux Laptop Company, at The Linux Laptop Company's sole discretion. The Linux Laptop Company is not
responsible for pricing, typographical, or other errors, in any offer by
The Linux Laptop Company and reserves the right to cancel any orders resulting from
3. Shipping Charges; Taxes; Title; Risk of
Shipping and handling are additional unless otherwise expressly indicated
the time of sale. Loss or damage that occurs during shipping by a carrier
selected by The Linux Laptop Company is The Linux Laptop Company's responsibility. Loss or damage
occurs during shipping by a carrier selected by you, or on a shipping
furnished by you, is your responsibility. You must notify The Linux Laptop Company
30 days of the date of your invoice or acknowledgement if you believe any
of your purchase is missing, wrong, or damaged. Shipping dates are
only. Title to software will remain with the applicable licensor(s).
The Linux Laptop Company retains a security interest in the products until payment in
THE LINUX LAPTOP CO
MAKES NO HARDWARE WARRANTY. HARDWARE WARRANTY AND SERVICE, IF ANY, IS
BY THE ORIGINAL MANUFACTURER, NOT BY THE LINUX LAPTOP CO. THE LINUX LAPTOP CO MAKES NO
EXPRESS WARRANTIES EXCEPT THOSE STATED IN THE LINUX LAPTOP CO'S APPLICABLE
STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. WARRANTIES AND SERVICE
EFFECTIVE, AND THE LINUX LAPTOP CO WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES
SERVICES, ONLY UPON THE LINUX LAPTOP CO'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM
BE WARRANTED OR SERVICED.
All software is provided subject to the license agreement that is part of
software package and you agree that you will be bound by such license
6. Return Policies; Exchanges
New and refurbished Product that you purchase directly from The Linux Laptop Company
not a third party) you may return or exchange only in accordance with
The Linux Laptop Company's return policy in effect on the date of the invoice. Any
or exchanges will be made in accordance with The Linux Laptop Company's exchange
in effect on the date of the return or exchange. You must contact us
before you attempt to return Product to obtain a Return Material
Number for you to include with your return. You must return Product to us
their original packaging. You are responsible for risk of loss, shipping
handling fees for returning or exchanging Product. Additional fees may
If you fail to follow the return or exchange instructions and policies
by The Linux Laptop Company, The Linux Laptop Company is not responsible whatsoever for Product
lost, damaged, modified or otherwise processed for disposal or resale. If
are returning all components in an order, you will be credited the full
paid for the order. At The Linux Laptop Company's discretion, credit for partial
may be less than invoice or individual component prices due to bundled or
7. Changed or Discontinued Product.
The Linux Laptop Company's policy is one of ongoing update and revision. The Linux Laptop Company
revise and discontinue Product at any time without notice to you and this
affect information provided in a previous quotation (email, faxed, or
"Quote"). The Linux Laptop Company will ship Product that have the functionality and
performance of the Product ordered, but changes between what is shipped
what is described in a specification sheet or catalog are possible.
8. Service and Support.
Service offerings may vary from Product to Product. If you purchase
services and support from The Linux Laptop Company, The Linux Laptop Company will provide such
and support to you in accordance with the terms and conditions.
You may contact The Linux Laptop Company for more information.
The Linux Laptop Company may its sole discretion, revise their general and optional
and support programs and the terms and conditions that govern them without
prior notice to you. The support policies in place at the time of order
shipment will apply. The Linux Laptop Company has no obligation to provide service or
support until The Linux Laptop Company has received full payment for the Product or
service/support contract you purchased. The Linux Laptop Company is not obligated to
provide service or support for products you purchase through a third party
not The Linux Laptop Company.
9. Limitation of Liability.
THE LINUX LAPTOP CO DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH
INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE
USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR
OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED
THE LINUX LAPTOP CO WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT,
PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO
PURCHASE OF PRODUCT, THE LINUX LAPTOP CO IS NOT LIABLE OR RESPONSIBLE FOR ANY
OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES
FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR
10. Applicable Law; Not For Resale; Export
You agree to comply with all applicable laws and regulations of the
states and of the United States. You agree and represent that you are
only for your own internal use only, and not for resale. The Linux Laptop Company
has separate terms and conditions governing resale of Product by third
If this transaction involves an export under the Export Administration
Regulations, the commodities, technology and/or software sold or
under these terms and conditions of sale exported from the United States
The Linux Laptop Company were exported in accordance with the Export Administration
Regulations. Diversion, use, export or re-export contrary to United
is prohibited. The commodities, technology and/or software sold or
under these terms and conditions of sale may not be exported or
Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and
that are ineligible under United States law to receive United States
commodities, technology and/or software. In addition, manufacturers'
for exported products may vary or may be null and void for products
outside the United States.
11. Governing Law.
THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF
STATE OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
The section headings used herein are for convenience of reference only and
not form a part of these terms and conditions, and no construction or
shall be derived there from.
13. Binding Arbitration.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON
INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND THE LINUX LAPTOP CO,
agents, employees, principals, successors, assigns, affiliates
for purposes of this paragraph, "The Linux Laptop Company") arising from or relating
this Agreement, its interpretation, or the breach, termination or validity
thereof, the relationships which result from this Agreement (including, to
full extent permitted by applicable law, relationships with third parties
are not signatories to this Agreement), The Linux Laptop Company's advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its
of Procedure then in effect (available via the Internet at
http://www.arb-forum.com, or via telephone at 1-800-474-2371). The
will be limited solely to the dispute or controversy between customer and
The Linux Laptop Company. NEITHER CUSTOMER NOR THE LINUX LAPTOP CO SHALL BE ENTITLED TO JOIN
CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM
REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
transaction involves interstate commerce, and this provision shall be
by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the
arbitrator(s) shall be final and binding on each of the parties, and may
entered as a judgment in any court of competent jurisdiction. The Linux Laptop Company
be responsible for paying any arbitration filing fees and fees required to
obtain a hearing to the extent such fees exceed the amount of the filing
for initiating a claim in the court of general jurisdiction in the state
which you reside. Each party shall pay for its own costs and attorneys'
if any. However, if any party prevails on a statutory claim that affords
prevailing party attorneys' fees, or if there is a written agreement
for fees, the Arbitrator may award reasonable fees to the prevailing
under the standards for fee shifting provided by law. Information may be
obtained and claims may be filed with the NAF at P.O. Box 50191,