Car Cover Outlets Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT")
VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS
AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT
WITH CAR COVER OUTLET, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Car Cover Outlet.
The Customer accepts this Sale Agreement by making a purchase, placing an order,
or otherwise shopping on the site. (References to "you" or "your"
shall relate to the Customer; references to "Car Cover Outlet" shall
relate to Car Cover Outlets and its affiliates.) The terms and conditions of
this Sale Agreement are subject to change without prior notice, except that
the terms and conditions posted on the site at the time the Customer initially
places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and
Car Cover Outlet relating to the purchase or sale of goods or services on the
site. The Sale Agreement may only be modified or terminated with regard to goods
or services that have been purchased or sold on the site in a writing signed
by Car Cover outlet. Electronic records (including signatures), that are otherwise
valid, shall be accepted under the Sale Agreement. The Customer consents to
receiving electronic records, which may be provided via a web browser or e-mail
application connected to the Internet; consumers may withdraw consent to receiving
electronic records or have the record provided in non-electronic form by contacting
Car Cover Outlet at the address provided below.
In the event of any conflict between the terms and conditions stated on your
purchase order and this Sale Agreement or any terms and conditions on our invoice,
you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER
CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN USA COUNTY,
CALIFORNIA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS
SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods
are paid for by the purchaser and at that time title passes to the purchaser.
Loss or damage that occurs during shipping by a carrier selected by Car Cover
Outlets is Car Cover Outlet's responsibility. Loss or damage that occurs during
shipping by a carrier selected by Customer is Customer's responsibility. Title
to software will remain with the applicable licensor(s).
General Legal Disclaimer
CAR COVER OUTLET HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY CAR COVER OUTLET IN NO
WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access provider.
Contact your local access provider for rates, terms and conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit
download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
All products sold by Car Cover outlet are third party products and are subject
to the warranties and representations of the applicable manufacturers, including
but not limited to Y2K compliance. Accordingly, Car Cover Outlet makes no representation
or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, Car Cover
Outlet reserves the right to make adjustments due to changing market conditions,
product discontinuation, manufacturer price changes, errors in advertisements
and other extenuating circumstances.
While Car Cover Outlet uses reasonable efforts to include accurate and up-to-date
information on the site, Car Cover Outlet makes no warranties or representations
as to the site's accuracy. Car Cover Outlet assumes no liability or responsibility
for any errors or omissions in the content on the site.
Limitation of Liability
CAR COVER OUTLET 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 EXCEPT AS EXPRESSLY
PROVIDED HEREIN. CAR COVER OUTLET WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES
NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES,
CAR COVER OUTLET IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE
THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS
AGREEMENT.
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) arising from or relating to this Sale
Agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are
not signatories to this Sale Agreement),Car Cover Outlet s advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure
of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim
is filed. The Code is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision
included in this Sale Agreement, this arbitration agreement is subject to the
Federal Arbitration Act (9 U.S.C. §§ 1-16) and the California Convention
on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as
codified in the jurisdiction where enforcement of the award is sought). Hearings
shall be held as provided by the Code and if any In-person Hearing is required,
it shall be held in San Diego, California. Judgment on the award rendered by
the arbitrator(s) may be entered by any court having jurisdiction. Each party
shall bear its own cost of any legal representation, discovery, or research
required to complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Car Cover Outlet until accepted by Car Cover Outlet.
Terms of payment are within Car Cover Outlet's sole discretion. Invoices are
due and payable within the time period noted on the invoice, measured from the
date of the invoice. Car Cover Outlet may invoice parts of an order separately.
Customer agrees to pay interest on all past-due sums at the highest rate allowed
by law. The Customer is responsible for sales and all other taxes associated
with the order.
Check payment policy
Car Cover Outlet will accept personal and business checks for prepay orders,
but allow 10 business days for clearing.
Credit Cards
Credit card charges are processed online after ordering the products and/or
services. Time of shipment is less than one week. Car Cover Outlet does not
apply any surcharge for credit cards.