The Linux Laptop Company, Inc (The Linux Laptop Company) Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
These terms and conditions (“Agreement”) apply to your purchase of computer systems and/or related products and/or services and support sold in the United States (“Product”) by The Linux Laptop Company. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do 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: http://www.thelinuxlaptop.com/contact_us.php to contact us.) If returned, Product(s) must remain in the boxes in which they 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 any other document(s) unless otherwise agreed to in a written agreement signed by both you and The Linux Laptop Company. If you do not receive an invoice or acknowledgement in the mail, via email, or with your Product, information about your purchase 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 otherwise 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 other 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 such errors. In some cases, we will use stock photos for our product catalog that represents the model from the manufacturer’s website. The images displayed are for reference, and the products may sometimes differ in physical characteristics such as color or exact keyboard layout. The detailed description of the product should always supersede any stock photo representations.
3. Shipping Charges; Taxes; Title; Risk of Loss.
Shipping and handling are additional unless otherwise expressly indicated at 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 that occurs during shipping by a carrier selected by you, or on a shipping account furnished by you, is your responsibility. You must notify The Linux Laptop Company within thirty (30) days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong, or damaged. Shipping dates are estimates 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 full is received.
THE LINUX LAPTOP CO MAKES NO HARDWARE WARRANTY. HARDWARE WARRANTY AND SERVICE, IF ANY, IS PROVIDED 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 WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. WARRANTIES AND SERVICE WILL BE EFFECTIVE, AND THE LINUX LAPTOP CO WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES AND SERVICES, ONLY UPON THE LINUX LAPTOP CO’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED OR SERVICED.
All software is provided subject to the license agreement that is part of the software package and you agree that you will be bound by such license agreement.
6. Return Policies; Exchanges
New and refurbished Product that you purchase directly from The Linux Laptop Company (and 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 returns or exchanges will be made in accordance with The Linux Laptop Company’s exchange policies in effect on the date of the return or exchange. You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original packaging. All returns or exchanges must be requested within thirty (30) days of the original shipment. All returns are subject to a $50.00 restocking fee which must be paid prior to issuing a refund. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by The Linux Laptop Company, The Linux Laptop Company is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. If you are returning all components in an order, you will be credited the full amount paid for the order. At The Linux Laptop Company’s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
7. Changed or Discontinued Product.
The Linux Laptop Company’s policy is one of ongoing update and revision. The Linux Laptop Company may revise and discontinue Product at any time without notice to you and this may affect information provided in a previous quotation (email, faxed, or on-line “Quote”). The Linux Laptop Company will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and 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 optional services and support from The Linux Laptop Company, The Linux Laptop Company will provide such service 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 service 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 and not The Linux Laptop Company.
9. Limitation of Liability.
THE LINUX LAPTOP CO DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE LINUX LAPTOP CO WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, THE LINUX LAPTOP CO IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
10. Applicable Law; Not For Resale; Export Sales.
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying 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 parties.
If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by The Linux Laptop Company were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers’ warranties for exported products may vary or may be null and void for products exported outside the United States.
11. Governing Law
THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
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 there from.
13. Binding Arbitration.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND THE LINUX LAPTOP CO, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “The Linux Laptop Company”) arising from 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), 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 Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration 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 OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed 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 be entered as a judgment in any court of competent jurisdiction. The Linux Laptop Company will 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 fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, 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, Minneapolis, MN 55405.