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Terms and Conditions of Sale
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS FOR VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY. THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE. These terms and conditions (“Agreement”) apply to your purchase of any products (“Product”) from Recorders.com in the United States. By accepting delivery of the Product, you agree to be bound by the terms and conditions of this Agreement.
This Privacy Notice discloses the privacy practices for www.recorders.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:
Other Documents: This Agreement may NOT be altered, supplemented, or amended unless except by a written agreement signed by both you and Recorders.com.
Payment Terms: Payment must be received by Recorders.com prior to Recorders.com’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to in writing by Recorders.com. Invoices are due and payable from the date of the invoice unless a different payment term has been agreed to in writing and is stated on the invoice. Recorders.com reserves the right to invoice parts of an order separately. Your order is subject to cancellation by Recorders.com at Recorders.com’s sole discretion. Recorders.com is not responsible for pricing, typographical or other errors in any offer by Recorders.com.
Shipping Charges and Taxes: Shipping and handling are additional unless otherwise expressly indicated in writing at the time of sale. Title to the Product passes from Recorders.com to Customer on shipment from Recorders.com’s partner facilities/warehouses. Loss or damage during shipping by a carrier selected by Recorders.com is Recorders.com’s responsibility. Loss or damage during shipping by a carrier selected by you is your responsibility. You must notify Recorders.com within 7 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Recorders.com with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales taxes, or any other taxes, associated with the order. Shipping dates are estimates only.
Warranties: WARRANTY AND SERVICE FOR ANY PRODUCTS IS PROVIDED SOLELY BY THE ORIGINAL MANUFACTURER, NOT BY RECORDERS.COM. RECORDERS.COM MAKES NO EXPRESS WARRANTIES. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
Software: All software, if any, 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. Title to software will remain with the applicable licensor(s).
Return Policies and Exchanges: Recorders.com’s return policy can be found at http://www.recorders.com/returns. You must contact us directly to obtain authorization for our customer service team prior to your return. You must return the Product to us in its original packaging. You are responsible for risk of loss, shipping and handling fees for returned or exchanged Product. Recorders.com is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale if you fail to follow the return or exchange instructions and policies provided by Recorders.com.
Limitation of Liability: RECORDERS.COM DOES NOT ACCEPT 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. RECORDERS.COM 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, RECORDERS.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED BY RECORDERS.COM AND PAID FOR BY YOU FOR THE APPLICABLE PRODUCT. THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Applicable Law – Not For Resale or Export: 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 use only, and not for resale or export.
Governing Law: THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND RECORDERS.COM arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Recorders.com’s advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
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 LINGOMOD, LLC, DBA RECORDERS.COM, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “Recorders.com”) 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), Recorders.com’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 Recorders.com. NEITHER CUSTOMER NOR RECORDERS.COM 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. Recorders.com 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.