|
Terms and Conditions Storage Heaven Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT VERY CAREFULLY.
BY PLACING AN ORDER ON STORAGE HEAVEN'S WEBSITE (THE “SITE”) OR, IF CUSTOMER PLACED AN ORDER BY OTHER MEANS, BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN STORAGE HEAVEN'S INVOICE OR OTHER STORAGE HEAVEN'S DOCUMENTATION, CUSTOMER ACCEPTS AND AGREES TO THE TERMS AND CONDITIONS CONTAINED HEREIN, UNLESS CUSTOMER AND STORAGE HEAVEN HAVE SIGNED A SEPARATE WRITTEN AGREEMENT OF PURCHASE AND SALE, IN WHICH CASE SUCH AGREEMENT WILL GOVERN. Documents These terms and conditions of sale, together with your order information, constitute the entire agreement between Customer and Storage Heaven with respect to the purchase of products or services by Customer from Storage Heaven on the Site and constitute a binding contract between Customer and Storage Heaven. Any additional or different terms in any forms delivered by Customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given and any such attempt to alter, modify or replace these terms and conditions will be null and void and of no effect, unless explicitly agreed to by Storage Heaven in writing. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Storage Heaven at the address provided below. Customer may issue a purchase order for administrative purposes only. Any terms and conditions contained in any such purchase order will be null and void. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto. Title; Risk of Loss If Customer provides Storage Heaven with Customer's carrier account number or selects a carrier other than a carrier that regularly ships for Storage Heaven, title to products and risk of loss or damage shall pass from Storage Heaven to Customer upon shipment from Storage Heaven's facility. For all other shipments, title to products and risk of loss or damage shall pass from Storage Heaven to Customer upon receipt by Customer. Notwithstanding the foregoing, title to any and all software products will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. Storage Heaven retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges. Export Sales Products obtained from Storage Heaven by Customer may be subject to U.S. or Canadian government export control laws and regulations. Customer will comply with such regulations whenever it exports or re-exports controlled products or technical data obtained from Storage Heaven. In addition, Customer acknowledges that, manufacturers' warranties for products may vary or may be null and void for products exported or used by Customer outside of USA and Canada. International Product Shipment
Warranties on products not manufactured by Storage Heaven: Customer understands that Storage Heaven is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Storage Heaven and not any affiliate of Storage Heaven. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by Storage Heaven or any of its affiliates. In connection with services, neither affiliates of Storage Heaven nor third party service providers are agents of Storage Heaven and Storage Heaven has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. Storage Heaven AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, OR CONDITIONS RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR THAT THE PRODUCTS OR SERVICES WILL MEET CUSTOMER'S NEEDS OR WILL BE ERROR FREE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY. Pricing Information; Availability Disclaimer All pricing is subject to change. Storage Heaven reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Storage Heaven cannot guarantee that it will be able to fulfill Customer's orders. Website Currency; Currency accepted on this store is United States Dollars only. Any other currencies shown are for your information only as payment will always be processed in USD. Limitation of Liability NEITHER STORAGE HEAVEN NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER STORAGE HEAVEN NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY STORAGE HEAVEN OR ITS AFFILIATES, NEITHER STORAGE HEAVEN NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM; OR (B) $50,000.00. Storage Heaven will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labour problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by Storage Heaven are estimates only. Third Party Services Customer acknowledges and agrees that, in some instances, Storage Heaven is a reseller of services and is not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases Storage Heaven and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Arbitration Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the Services, the interpretation or application of these Terms and Conditions or any Statement of Work or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions or any Statement of Work (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Seller's or any of its Affiliates' advertising or marketing (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF ANY OF SELLER, CUSTOMER OR THE THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither Seller nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms and Conditions, this arbitration agreement is subject to the United States Federal Arbitration Act (9 U.S.C. §§ 1-16) or Arbitration Act, 1991 (Ontario). Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Seller arising out of the Products or Services will be exclusively litigated in court rather than through arbitration. Orders; Payment Terms; Interest; Taxes Orders are not binding upon Storage Heaven until accepted by Storage Heaven. Terms of payment are within Storage Heaven's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Storage Heaven may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of: two percent (2%) per month (24% per year); or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold Storage Heaven harmless from, any applicable sales, use, value-added, goods and services, harmonized sales or other taxes or any fees, assessments, levies or other amounts, including without limitation any environmental fees or waste disposal assessments or levies, whether State, Provincial, Federal or other applicable governmental level, associated with the order. Customer must claim any exemption from tax and, if applicable, from any fees, assessments or levies, at the time of purchase and provide the necessary supporting documentation. Any sales, use, value-added, goods and services, harmonized sales or other applicable tax and any fees, assessments or levies are based on the location to which the order is shipped. In that regard, Storage Heaven may require Customer to provide a declaration declaring and certifying the location of the supply of the product. In the event of a payment default, Customer will be responsible for all of Storage Heaven's costs of collection, including court costs, filing fees and legal fees. Return Privileges
Damaged Products If Customer receives damaged products; please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify Storage Heaven immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify Storage Heaven Customer Service at [email protected] or 954.323.8736 of damaged products WITHIN 48 HOURS of receipt. Timely receipt of this information is necessary to successfully file a damage claim with the carrier. Use of Personal Information Customer hereby represents that it has read and understands Storage Heaven's privacy policy and, where Customer is an individual, hereby agrees to the terms contained therein, including the permitted uses by Storage Heaven as described therein of any personal information provided by Customer. Storage Heaven's privacy policy is accessible at www.storageheaven.com DISCLAIMER BY INSTALLING OR USING MANUFACTURED STORAGE HEAVEN PRODUCTS, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IN NO EVENT WILL STORAGE HEAVEN BE LIABLE (WHETHER UNDER THIS AGREEMENT, RESULTING FROM THE PERFORMANCE OR USE OF STORAGE HEAVEN PRODUCTS, OR OTHERWISE) FOR ANY AMOUNTS REPRESENTING LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, LOSS OR DELAYS OF BUSINESS, LOSS OF TIME, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, PROPERTY DAMAGE, OR INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF A PURCHASER OR USER OF STORAGE HEAVEN PRODUCTS OR ANY THIRD PARTY. STORAGE HEAVEN’S AGGREGATE LIABILITY IN CONTRACT, TORT, OR OTHERWISE (WHETHER UNDER THIS AGREEMENT, RESULTING FROM THE PERFORMANCE OR USE OF STORAGE HEAVEN PRODUCTS, OR OTHERWISE) TO A PURCHASER OR USER OF STORAGE HEAVEN PRODUCTS SHALL BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER FOR THE STORAGE HEAVEN PRODUCT. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF STORAGE HEAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. STORAGE HEAVEN MAKES EVERY EFFORT TO ENSURE PROPER OPERATION OF ITS PRODUCTS. HOWEVER, THE PURCHASER IS RESPONSIBLE FOR VERIFYING THAT THE OUTPUT OF A STORAGE HEAVEN PRODUCT MEETS THE PURCHASER’S REQUIREMENTS. THE PURCHASER FURTHER ACKNOWLEDGES THAT IMPROPER OPERATION OF STORAGE HEAVEN PRODUCTS CAN CAUSE LOSS OF DATA, DEFECTIVE FORMATTING, OR DEFECTIVE DATA LOADING. STORAGE HEAVEN WILL MAKE EFFORTS TO SOLVE OR REPAIR ANY PROBLEMS IDENTIFIED BY PURCHASER, EITHER UNDER THE WARRANTY SET FORTH BELOW OR ON A TIME AND MATERIALS BASIS. LIMITED WARRANTY FOR ONE YEAR FROM THE DATE OF SALE (THE “WARRANTY PERIOD”) STORAGE HEAVEN WARRANTS THAT THE PRODUCT (EXCLUDING CABLES, ADAPTERS, AND OTHER “CONSUMABLE” ITEMS) IS FREE FROM MANUFACTURING DEFECTS IN MATERIAL AND WORKMANSHIP. THIS LIMITED WARRANTY COVERS DEFECTS ENCOUNTERED IN THE NORMAL USE OF THE PRODUCT DURING THE WARRANTY PERIOD AND DOES NOT APPLY TO: PRODUCTS DAMAGED DUE TO PHYSICAL ABUSE, MISHANDLING, ACCIDENT, NEGLIGENCE, OR FAILURE TO FOLLOW ALL OPERATING INSTRUCTIONS CONTAINED IN THE OPERATING MANUAL; PRODUCTS WHICH ARE MODIFIED; PRODUCTS WHICH ARE USED IN ANY MANNER OTHER THAN THE MANNER FOR WHICH THEY WERE INTENDED, AS SET FORTH IN THE OPERATING MANUAL; PRODUCTS WHICH ARE DAMAGED OR DEFECTS CAUSED BY THE USE OF UNAUTHORIZED PARTS OR BY UNAUTHORIZED SERVICE; PRODUCTS DAMAGED DUE TO UNSUITABLE OPERATING OR PHYSICAL CONDITIONS DIFFERING FROM THOSE RECOMMENDED IN THE OPERATING MANUAL OR PRODUCT SPECIFICATIONS PROVIDED BY STORAGE HEAVEN; ANY PRODUCT WHICH HAS HAD ANY OF ITS SERIAL NUMBERS ALTERED OR REMOVED; OR ANY PRODUCT DAMAGED DUE TO IMPROPER PACKAGING OF THE WARRANTY RETURN TO STORAGE HEAVEN. AT STORAGE HEAVEN’S OPTION, ANY PRODUCT PROVEN TO BE DEFECTIVE WITHIN THE WARRANTY PERIOD WILL EITHER BE REPAIRED OR REPLACED USING NEW OR REFURBISHED COMPONENTS AT NO COST. THIS WARRANTY IS THE SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCTS. IF A PRODUCT IS HAS BECOME OBSOLETE OR IS NO LONGER SUPPORTED BY STORAGE HEAVEN THE PRODUCT MAY BE REPLACED WITH AN EQUIVALENT OR SUCCESSOR PRODUCT AT STORAGE HEAVEN’S DISCRETION. THIS WARRANTY EXTENDS ONLY TO THE END PURCHASER OF STORAGE HEAVEN PRODUCTS. THIS WARRANTY DOES NOT APPLY TO, AND IS NOT FOR THE BENEFIT OF, RESELLERS OR DISTRIBUTORS OF STORAGE HEAVEN PRODUCTS. UNLESS OTHERWISE AGREED IN WRITING BY STORAGE HEAVEN, NO WARRANTY IS PROVIDED TO RESELLERS OR DISTRIBUTORS OF STORAGE HEAVEN PRODUCTS. IN ORDER TO RECEIVE WARRANTY SERVICES CONTACT STORAGE HEAVEN’S TECHNICAL SUPPORT DEPARTMENT VIA PHONE OR E-MAIL. PRODUCTS RETURNED TO STORAGE HEAVEN FOR REPAIR UNDER WARRANTY MUST REFERENCE A STORAGE HEAVEN RETURN MATERIAL AUTHORIZATION NUMBER (“RMA”). ANY PRODUCT RECEIVED BY STORAGE HEAVEN WITHOUT AN RMA# WILL BE REFUSED AND RETURNED TO PURCHASER. THE PURCHASER MUST CONTACT STORAGE HEAVEN’S TECHNICAL SUPPORT DEPARTMENT VIA E-MAIL ([email protected]) OR VIA PHONE AT +1.954.323.8736 TO OBTAIN A VALID RMA#. THE PURCHASER MAY BE REQUIRED TO PERFORM CERTAIN DIAGNOSTIC TESTS ON A PRODUCT PRIOR TO STORAGE HEAVEN ISSUING AN RMA#. THE PURCHASER MUST PROVIDE THE PRODUCT MODEL, SERIAL NUMBER, PURCHASER NAME AND ADDRESS, EMAIL ADDRESS AND A DESCRIPTION OF THE PROBLEM WITH AS MUCH DETAIL AS POSSIBLE. REASONABLE TELEPHONE AND EMAIL SUPPORT ARE ALSO AVAILABLE FOR THE LIFE OF THE PRODUCT AS DEFINED BY STORAGE HEAVEN. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, STORAGE HEAVEN PRODUCTS ARE PROVIDED AS-IS AND AS-AVAILABLE, AND STORAGE HEAVEN DISCLAIMS ANY AND ALL OTHER WARRANTIES (WHETHER EXPRESS, IMPLIED, OR STATUTORY) INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. |
