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ACCEPTANCE OF CONTRACT TERMS
By accessing this web site and/or purchasing products from us,
you agree that you have read, understood and agree to be bound by all of the
provisions set forth herein and below (collectively, the "Terms and
Conditions"), all of which constitute an agreement between you and The
Global Garage, LLC. The unenforceability of any one of the Terms and Conditions
shall not affect the enforceability of any of the other Terms and Conditions.
The terms and conditions on any quotation, order acknowledgment, invoice or
other form you receive from The Global Garage, LLC are incorporated into these
Terms and Conditions by reference. These Terms and Conditions constitute the
exclusive agreement between you and The Global Garage, LLC, except as otherwise agreed in writing signed by us. Our failure to
assert a right or insist upon compliance with any term or condition shall not
constitute a waiver of that right or excuse any subsequent noncompliance.
Returns. Exchange of
defective items within the whether new, used, or reconditioned will be issued
only upon safe receipt of item and serial number verification and will be made
by the sole discretion of The Global Garage, LLC. All exchanges must be made within 30 days. Items will be accepted
in the original packaging. Shipping costs are not refundable. The
Global Garage, LLC cannot be held responsible for downtime, loss of use, or
associated errors or conditions that may occur through the use of any purchased
item(s).
Buyer Indemnification. Buyer shall hold
harmless, indemnify and defend (at Seller’s request) Seller for any and all
damages, liabilities, costs and expenses
(including any costs of litigation, including
but not limited to, attorneys’ fees and any other costs and expenses), fines,
or losses in connection with any threatened
or actual claims, actions, demands,
investigations, or suits, including, but not limited to, claims or suits by
third parties, arising out of any of the following: (a)
Buyer’s negligent or willful acts, or those
of its employees and/or agents, (b) such goods being repaired or altered by
persons other than Seller (unless expressly
authorized in writing by Seller), (c) in the
event that Buyer modifies, or combines with any non-Seller goods, any of the
goods purchased from Seller, and such
modification or combination results in the
actual or alleged infringement of any intellectual property rights of any third
party, (d) from goods produced by Seller
according
to Buyer’s specifications, (e) any violations of export control laws by Buyer,
or (f) Buyer’s breach of any provision in these T&Cs.
Export Controls and Related Regulations. Buyer represents and
warrants that it is not designated on, or associated with, any party designated
on any of the
U.S. government restricted parties lists,
including without limitation, the U.S. Commerce Department Bureau of Industry
and Security (“BIS”) Denied Persons List;
Entity List or Unverified List; the U.S.
Treasury Department Office of Foreign Assets Control (“OFAC”) Specially
Designated Nationals and Blocked Persons List; or
the U.S. State Department Directorate of
Defense Trade Controls (“DDTC”) Debarred Parties List. Buyer shall comply with
all applicable U.S. economic sanctions
and export control laws and regulations,
including without limitation, the regulations administered by OFAC, the Export
Administration Regulations administered by
BIS, and the International Traffic in Arms
Regulations administered by DDTC. Seller may terminate this Order and
discontinue any ongoing supply to or business
with
Buyer immediately, without notice and without liability, upon Seller becoming
aware that Buyer is named on any restricted party list.
Buyer
further represents, warrants and agrees that it is the end user of the products
purchased and will use said products for their own use.
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