1. Agreement; Other Documents; Changes.
You and Aceeca LLC. ("ACEECA") agree that your order is an offer to purchase the products listed in your order ("Products") on the terms and conditions listed below which will become a contract ("Agreement") when accepted by ACEECA via confirmation that specifically references your order or when ACEECA ships to you the Products you ordered, whichever occurs earlier, and the banking, negotiation or other use of any payment shall not constitute an acceptance by ACEECA. When you send your order to purchase Products to ACEECA, that order shall constitute your agreement to these terms and conditions of purchase. You represent that you have the legal authority to enter into this Agreement on behalf of yourself or any party you represent.
This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and ACEECA.
If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.
2. Governing Law.
THE LAWS OF THE STATE OF WISCONSIN WILL GOVERN THE SALE.
3. Payment Terms.
ACEECA accepts only those credit cards mentioned on the product ordering screens as the payment options for your purchase. Your credit card will only be charged when the goods that you ordered are shipped.
4. Shipping Charges; Customer Location.
Separate charges for shipping will be added to the cost of the Products. ACEECA reserves the right to limit quantities. We're sorry, but ACEECA is unable to deliver to PO, APO, or FPO boxes.
All applicable local, city, state and country taxes are your responsibility and will be applied to the order. You agree to pay these taxes.
ACEECA will ship the Products to you ExWorks, with title and risk of loss passing to you upon ACEECA's delivery of the Products to the first common carrier. Title to any applicable software will remain with the licensor(s).
7. Governmental Authorizations.
You are solely responsible for obtaining any licenses or other governmental authorizations related to your use of the Products that may be required by any federal, state or local government agency, and for complying with all rules and regulations imposed by such agencies. Neither ACEECA nor any of its employees is your agent or representative in governmental matters.
THE STANDARD LIMITED WARRANTY APPLICABLE TO EACH OF THE PRODUCTS YOU PURCHASE UNDER THIS AGREEMENT IS DESCRIBED ON THE SITE. THE ACTUAL LIMITED WARRANTY STATEMENT THAT APPLIES IS INCLUDED IN THE DOCUMENTATION PACKAGED WITH THE PRODUCT. ACEECA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW AN EXCLUSION OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
ACEECA reserves the right to modify its warranties prospectively at any time, in its sole discretion.
9. Software License.
All software is provided subject to the end user license agreement. You agree that you will be bound by the license agreement (See End User License Agreement).
10. 30 Day Money Back Return Policy.
ACEECA's "30-Day Money Back Return Policy" that is in effect from the date of invoice applies to the Products you purchase under this Agreement.
ACEECA's policy is one of on-going product update and revision. ACEECA may revise or discontinue Products at any time. ACEECA will ship Products that have the functionality and performance of the Products ordered, but differences between what is described in hardcopy or electronic versions of ACEECA Products documentation and what is shipped are possible. The parts and assemblies used in building ACEECA Products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices.
12. Limitation of Liability.
EXCEPT FOR PERSONAL INJURY, ACEECA'S TOTAL LIABILITY WHETHER FOR BREACH OF CONTRACT, WARRANTY, LATE DELIVERY OR NON-DELIVERY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, IS LIMITED TO THE PRICE OF THE PARTICULAR PRODUCT(S) SOLD WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. ACEECA WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
13. Compliance with the Law.
Resale Sales and U.S. Government Sales Not Intended. You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Products or this Agreement.
14. Export Compliance.
The hardware, software, and technology provided to you are subject to the U.S. Export Administration Regulations and may be subject to similar laws, regulations, or requirements in other countries. You agree to comply with the U.S. Export Administration Regulations and such other laws, regulations, or requirements as may apply to your receipt, re-export and use of the hardware, software, and technology provided to you. This provision shall survive the termination of this contract.