ASA Concepts Terms and Conditions of Sale
Please read these Terms and Conditions of Sale very carefully.
If you have any questions about our Terms and Conditions please send an email to info@asasavings.com
The terms and conditions of sale are limited to those contained herein. 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.
Local Delivery refers only to orders to be delivered in Bernards Township, New Jersey. By accepting delivery of the products and services described in ASA's invoice or other ASA documentation, customer agrees to be bound by and accepts these terms and conditions of sale unless customer and ASA have signed a separate agreement, in which case the separate agreement will govern.
Important Information about these terms and conditions of sale
These terms and conditions of sale constitute a binding contract between Customer and ASA. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on ASA's Website (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and condition of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between customer and ASA relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records which may be provided via a Web browser or e-mail application connected tot he internet; individual customers may withdraw consent to receiving electronic records provided in non-electronic form by contacting ASA at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will null and void. Customer agrees that the terms and conditions of sale contained herein and in ASA's invoice or other documentation will control. 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 for any purchase order or invoice related there to.
Governing Law
These terms and conditions of sale and any sale hereunder will be governed by the laws of this state of New Jersey, without regard to conflicts of law rules. Any arbitration, enforcement of an arbitration or litigation will be brought in Somerset county, New Jersey, and customer consents to the jurisdiction of the federal and state courts located in Somerset county, New Jersey and submits to the jurisdiction thereof and waives the right to change venue. Customer further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
ACCEPTANCE OF TERMS THROUGH USE
By using this site, you signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site. Please check this Agreement periodically for changes as the owner of this site ASA Concepts, Inc.("Company") reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. The Company reserves the right to terminate a User's use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors, affiliates and advertisers as well.
THIRD PARTY SITES
You will be transferred to online merchants or other third party sites through links or frames from this site. We are a directory of other sites and the offers they promote. This site does not sell any good or service to consumers and nothing on this site shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchases you make will be through other websites and from other companies. You are cautioned to read such sites' Terms and Conditions, Sales, Return and Warranty Policies, and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Be sure to carefully evaluate and investigate such sites on your own to your satisfaction.
You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants. Company shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information or promotions, products or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from such terms and conditions and sites. The Company does not guarantee prices, promotions, or products or services, or anything on such sites.
You are knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the "coupons" and specials listed on this site. You agree that the Company and its licensors and advertisers shall have no liability whatsoever from such third party sites and your usage of them.
These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. The Company does not sponsor or recommend these sites. You acknowledge that the Company is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience.
If you have any complaint with such sites, contact that site directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.
Title; Risk of Loss
If the customer provides ASA with the customer carrier account number or selects a carrier other than a carrier that regularly ships for ASA, title to products and risk of loss or damage during shipment passes from ASA to customer upon shipment from ASA's facility. For all other shipments, title to product and risk of loss or damage during shipment passes from ASA to customer upon receipt by customer. Title to software will remain with the applicable licensor(s). ASA 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
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 ASA were exported in accordance with the Export Administration Regulations. Diversion, use, export, or re-export contrary to United Sates 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 Untied Sates Law to receive United States commodities, technology and/or software. In addition, manufacturers' warranty for exported products may vary or may be null and void for products exported outside the United States.
Warranties
Customer understands that ASA is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not ASA. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications brochures, photographs or other illustrations representing the products that may be provided by ASA. In connection with services, neither ASA nor third party service providers are agents of ASA and ASA has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. ASA expressly disclaims all warranties either expressed or implied, related to product sold or services provided by third parties, including without limitation, any warranty of merchantability or fitness for a particular purpose. This disclaimer does not effect the terms of the manufacturers warranty, if any.
Pricing Information; Availability Disclaimer
All pricing is subject to change. ASA 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 advertisement. All orders are subject to product availability. Therefore, ASA can not guarantee that it will be able to fulfill Customers orders.
Limitation of Liability
ASA will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages even if advised of the possibility of such damages, or for any claim by any third party. ASA will not 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 directly by ASA, ASA will not be liable or responsible for any amount of damages above the dollar amount paid by customer for the product(s) or service(s) giving rise to the claim.
ASA will not be responsible for any delays and delivery which result from any circumstances beyond its control, including without limitations, products unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Third Party Services
Customer acknowledges and agrees that, in some instances, ASA Concepts, Inc., is the 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 ASA from any and all claims arising from or relating to the purchase or provisions of any such services by third party service providers. Services may be subject to tax. All amounts, including taxes, associated with third party services are being collected by ASA solely in the capacity as an independent sales agent.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort, or otherwise) whether pre-existing present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms of conditions of sale or the breech, termination or validity thereof, the relationships which result from these terms of conditions of sale ( including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto ) , or ASA's advertising and marketing ( collectively, a "claim") will be resolved, upon the election of ASA, customer or 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 with offices in New York, New York. If arbitration is chosen by any party with respect to a claim, neither ASA 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. Further, Customer will not have the right to participate as a representative or member as any class of claimants pertaining to any claim. Not withstanding any choice of law provisions included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C, 1-16). The arbitration will take place in Somerville, New Jersey. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party 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. Not withstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to ASA arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon ASA until accepted by ASA. Terms of payment are within ASA's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. ASA may invoice parts of an order separately. Customer agrees to pay interest on all past due sums at the lower of one and one-half percent ( 1 1/2 % ) per month or at the highest rate allowed by law. Customer is responsible for , and will indemnify and hold ASA harmless from, any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of ASA's costs of collection, including court costs, filing fees and attorney's fees.
Return Privileges
Please contact ASA Customer relations at info@asasavings.com, 24 hours a day 7 days a week to obtain a Return Material Authorization ( RMA ) before shipping product back to ASA. This will expedite and help insure the proper action or credit upon processing.
In order to expedite a return, please have the following information on hand when requesting an RMA number; customer number, invoice number, serial number, reason for return, action to take ( replacement/repair/return/credit) and whether the box has been opened or is manufacturer sealed.
Please return all products 100% complete including all original manufacturer boxes with the UPC code and packaging materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. RMA approval is contingent upon, among other things, the products being 100% complete.
Customer is responsible for shipping charges to ASA for all products being shipped for return, exchange or replacement. Products exchanged or replaced will be shipped by ASA to customer, at ASA's expense, using the same shipment method as was used by customer to ship the products back to ASA.
Customer is responsible for all risk of loss and damage to products being shipped for return, exchange, or replacement. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express, or Airborne Express. This is for your protection as well as to insure quick action on your return.
Return privileges vary by manufacturer. Please contact ASA at info@asasavings.com for details. Thank you for your past and future business with ASA.
Return Shipping Address:
ASA Concepts, Inc.
(Place your RMA number on this line)
P.O. Box 5149
Basking Ridge, NJ 07920
Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.
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 in the original box and packing and notify ASA immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify ASA at info@asaconcepts.com of damaged products within the first 10 days of receipt. Timely receipt of this information is necessary for ASA to file a damage claim.
Last Update; 07/28/2007
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