- General Terms and Conditions of Sale shall exclusively apply to all contracts between us and our clients. Any differing conditions or terms of buyer are herewith objected to and shall not apply. Any agreement affecting the execution of this contract must be in writing.
- Offer and conclusion of contract Samples and catalogues are to be considered non-binding material for illustration and/or test purposes, giving only an approximation of properties and specification. The weight, volume or gage of the goods measured upon shipment is valid.
- Price of the Goods Prices valid at date of delivery will be applied. We reserve the right to adapt prices, for confirmed orders as well, to reflect any increase in our costs, for any reason beyond our control, like greater force, shortage of primary material or labor, strikes, official orders, transportation or similar problems, if this increase happens after confirmation of order but before delivery of goods. Our prices are ex works unless stated otherwise and do not include any kind of taxes.
- Terms of Delivery Confirmed delivery dates are not fixed dates, unless stated otherwise.
We reserve the right to postpone delivery in the case of major force for the duration of the obstruction plus a reasonable period of recuperation. Should delivery have become impossible by an act beyond our control we reserve the right to partially or completely rescind the contract. Strikes, unforeseeable events or interruptions of operations are considered force majeure, should we have no influence over these events. Failure to comply by a supplier only gives us the right to rescind the contract, if a replacement deal was made and failed to comply. We reserve the right to partial deliveries unless the client has no interest in them. Unless failure to comply or delay of delivery was caused by us, our lawful representatives or auxiliary persons by gross negligence or intentional acts, we will not be liable for noncompliance. Should we be liable under the terms aforementioned, liability is limited to damages that occur foreseeable and typically under the circumstances. Unless agreed otherwise, delivery is made from the seller’s premises. Goods travel at cost and danger of client, unless agreed otherwise.
- Terms of payment unless agreed otherwise, our invoices are to be paid immediately upon receipt of merchandise and invoice. Should client fail to comply within 30 days, he will automatically be in default of payment. Payment is considered made when it is at our disposal. Detention of payments or balancing of payments against claims of buyer against seller is not allowed, unless these claims are undisputed or legally established. The aforementioned paragraph does not apply to buyers who are neither entrepreneurs nor statutory persons as defined by the Commercial Code If buyer fails to make payment by due date, without prejudice to any other right or remedy available to the seller, we are entitled to charge the buyer interest on the unpaid amount, as established by Civil Code in its version legally valid. Should there be reasons to doubt the solvency or credit standing of the client, we reserve the right to demand securities or prepayment for any outstanding delivery or declare immediate maturity of all outstanding claims.
- Retention of Title Notwithstanding delivery or passage of risk in the merchandise, property of merchandise shall not pass to the buyer until full payment of all our claims against the buyer, regardless of their grounds, was made. If merchandise is processed or mixed by buyer with goods that we have no property in, we shall become co-owner of these goods, which shall be stored for us by the buyer. Processing or transformation of the goods is done in our name as a producer, but without obligation to us. Should we lose ownership due to processing or fusion, we will become partial co-owner (value of invoice) of the new product. The client will store the co-owned goods free of charge. These goods are called reserved goods in the following. Buyer has the right to process or sell these goods in the regular course of business, as long as payment obligations are fulfilled. Pledging or cession by security of these goods is not allowed. For safeguard, receivables based either on the sale of these goods or on any other ground (insurance, torts) are considered fully assigned to us. These assigned receivables are released under the condition that their achievable value exceeds the value of our secured receivables by more than 10%. Buyer authorizes us to collect them at his costs, a right that we are obliged not to exercise unless buyer fails to meet his payment obligations towards us or, particularly, institutes bankruptcy proceedings. In the case of bankruptcy or suspension of payment, we have the right to demand that buyer declares the assigned receivables, gives all information and documentation necessary for us to collect our claims and informs garnishee of the assignment. Should third parties try to claim these goods, buyer is obligedto inform them of our property and immediately inform us of the intend. Buyer will be held responsible for costs and damages.
- Warranty the buyer, being an entrepreneur in the most reasonable definition of the Commercial Code, shall examine the merchandise as required by law, checking the goods in every aspect, and determine if merchandise is suitable for the intended purposes, if necessary by running appropriate tests. Claims will only be accepted if we are informed immediately upon detection of any fault. In the case of hidden faults claims must be made within 6 month of delivery of Goods. If buyer is neither an entrepreneur nor statutory person as defined by the Commercial Code, is also required to examine the merchandise and run appropriate tests, if necessary. Claims will only be accepted if we are informed no later than two weeks after receipt of merchandise, or within 6 month in the case of hidden faults.If any valid claim of faulty merchandise is made, we are obliged to either replace the merchandise free of charge or repair it, the choice being at our sole discretion. Buyer may chose reduction of price or cancellation of contract, should our efforts fail. In case of lack of a warranted property of the merchandise, we shall be liable for damages on the grounds of non-compliance as per the Civil Code. We will not be liable for any consequential damages caused by any defect or fault in the merchandise, since the object of the warranty is compliance of the delivered merchandise with the contract. The warranty does not cover damages to the goods that were caused by improper handling or storage after the passage of risk or where caused by external factors that were not foreseen in the contract.We will be liable according to the law if damages occur due to gross negligence or deliberate acts by us, our lawful representatives or auxiliary persons. If the violation of contract was not caused by an intentional act, liability will be limited to foreseeable and typical damages. Furthermore, we will be liable according to the law should we deliberately violate any essential duty under the contract. Any further liability is excluded, expressively for any kind of damages that occur on anything or in any way other than on the delivered merchandise itself. Binding provisions of the Product Liability Law remain unaffected.Our contracts are governed exclusively by Warranty and Product Liability laws.
- Technical Advises – Our technical advises are given according to our best knowledge and experience. Buyer is obliged to apply due diligence in verifying applicability of our advice to his special conditions of production or application. Concerning our technical advises, which are given free of charge, we will only be liable for damages caused by gross negligence or deliberate acts from our part or by our lawful representatives or auxiliary persons. Unless intentional violation of contract has been proven, we will only be liable for damages that occur foreseeable and typically.
- Liability clause Liability for damages is strictly limited to the provisions made herein in paragraphs 5,6 and 7, regardless of their nature, particularly with regard to damage claims arising from fault at closure of contract, default at performance of contract according to the Civil Code.Claims for damages due to impossibility or incapability remain unaffected. The same goes for liabilities that are imperative according to the provisions of the Product Liability Law. Exclusion or limitation of from our side also includes exclusion or limitation of liability of our employees, representatives and auxiliary persons.
- We reserve the right to sue at buyer’s place of business.These General Terms and Conditions of Sales, as well as all our business relations with our clients, are governed exclusively by the Laws. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressively excluded.Please note that some of our goods might require exportation license under the law or might be subject to export restrictions of the USA or under the Non-proliferation treaty. These provisions are to be observed by the buyer in case of sale or exportation of the goods.
- This Clause should one of the clauses above or part of one of the clauses above be legally invalid, validity of the other clauses of these General Terms remains unaffected
Terms and Conditions of Sale
THIS IS A LEGAL DOCUMENT (“SALES CONTRACT”) BETWEEN Begazed.com (“BUYER”) AND ULTRA (“SELLER”). PLEASE READ THIS AGREEMENT CAREFULLY. BY USING AND ACCESSING THE INDICATE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS AND USE Begazed.com. PLEASE NOTE THAT THE TERMS AND CONDITIONS MAY BE PERIODICALLY UPDATED AND MODIFIED, SO PLEASE BE SURE TO RECHECK THEM. BY ACCESSING AND USING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE PRESENT TERMS AND CONDITIONS. YOU ALSO AGREE TO SO ACCEPT FUTURE UPDATES AND MODIFICATIONS OF THE TERMS AND CONDITIONS.
- PAYMENT TERM: The Payment terms are between Begazed.com and seller. Payment terms are net thirty (7) days from date of item purchased by the client. If payment is not received by the due date, send out an email to Begazed.com at firstname.lastname@example.org. The method of payment on Begazed.com is acceptable by the buyer are Visa, MasterCard, American Express, and Discover.All payments will be transferred to the seller at their bank account information provided on the Begazed.com after the transaction has been completed and buyer received the products.
- PRICES:All prices quoted are subject to change, without notice, at any time prior to Seller’s acceptance of Buyer’s order, to such prices prevailing at the time of acceptance.
- SHIPMENTS:All shipments F.O.B. office in Chicago, IL; Los Angeles, California, and Brooklyn, New York are exclusive of all taxes, and freight charges, which shall be paid by the Seller.
- RISK OF LOSS:It is the Seller’s responsibility to seek compensation from the carrier for damaged or missing freight. Begazed shall not be responsible for any claims or damages resulting from a delay in delivery or failure to perform which results from: governmental regulations, strike, lockouts, accident, fire, delays in manufacturing, transportation, acts of God, or any other causes beyond the control of Begazed. In case of partial or complete destruction of goods, Seller is excused unless destruction is due to Seller’s own negligence.
- CANCELATION, MODIFICATION OR ALTERATION OF SALES CONTRACT:Due to the short life of seasonal related goods, no returns will be accepted beyond 14-days from the execution of this Sales Contract. In no event shall any cancellation, modification, or alteration of winter AND/OR spring/summer related goods be accepted beyond or out of the proper time of the usual or pre-appointed time for the chosen particular season.
- RIGHT OF INSPECTION:Begazed fulfillment center shall have the right to inspect the goods on arrival and, within 14 days after delivery. Any rights of seller with respect to inspection shall be deferred until after payment of the purchase price.
- RETURNS OF GOODS:No Cash refund will be issued. For returns of goods tendered under this Sales Contract to be effective, the Seller must receive an email notification of that return at its provided email address within 14 days after delivery. The Begazed return policy is 90 days which all sellers will adhere to. Returns are allowed only if nonconformity is substantial and nondurable. A “RETURN AUTHORIZATION” form obtained from Seller must be accompanied by Invoice Number and description of all defects of the goods on which the Buyer intends to rely. The failure of Buyer to comply with these conditions shall constitute irrevocable acceptance of the goods by Buyer and Buyer is barred from any remedy. All returns must be shipped back to Seller’s headquarters. All goods returned must be clean, free of price tags, and packed neatly. Seller has the right to refuse any returned goods or to credit the Buyer with the lesser amount paid, if the goods are damaged through improper packing or improper display methods at Buyer’s locations.
- EVALUATIONS RETURN POLICY:Begazed return policy for the end users is 90 days with full money back guarantee.
- WARRANTY:Seller gives 14 days limited warranty unless otherwise specified, from the date of delivery. The warranty will not apply to those goods that are damaged due to misuse, abuse, negligence or notification by any party other than Seller.
- ASSIGNABILITY:This Sales Contract shall not be assignable by the Buyer without the Seller’s written consent.
- LIMITATION OF DAMAGES:In no event shall Seller by liable for (i) special, indirect, consequential, or punitive damages including but not limited to labor costs incurred by the Buyer or (ii) any damages whatsoever resulting from loss of use or profits arising out of or in connection with the goods sold hereunder. In no event shall Seller’s liability exceed the purchase price of the goods in question.
- WAIVER:No waiver of any claim or right arising under this Sales Contract will be effective unless the waiver is in writing and signed by the waiving party.
- ENTIRE AGREEMENT:The parties intend this writing to be the final expression of the terms of their agreement and further intend that this writing be the complete and exclusive statement of all the terms of their agreement.
- ATTORNEY FEE PROVISION:In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Sales Contract or seeks a declaration of any rights or obligations under this Sales Contract, the prevailing party shall be awarded reasonable attorney fees, together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
- CHOICE OF LAW AND FORUM:This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by New Jersey State law. Any dispute that arises under or relates to this Agreement shall be resolved in Jurisdictional Superior Court.
TERMS & CONDITIONS FOR ONLINE BUYERS
1. Binding Agreement
b) PLEASE REVIEW THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE. By either clicking on the “I Agree” button or using the Website after having the opportunity to read this Agreement, you agree to be bound by this Agreement. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT USE THE WEBSITE.
c) Begazed LLC may change the terms and conditions contained in this Agreement at any time in its sole discretion, and any such changes shall be effective upon being posted to the Website. By continuing to use the Website after such changes are effective, you accept those changes and agree to be bound by the revised Agreement.
d) As used in this Agreement, “You” and “Your” refer to you, the user of the Website and to your principal on whose behalf you use the Website. “Buyer” refers to a legal person who buys, or attempts to buy, items on the Website. The word “item” refers to everything which may be sold or offered for sale on the Website including, without limitation, legal rights and services.
e) Each Seller using the Website will follow the terms and conditions established by Begazed.com, which would govern your interaction with that buyer.
f) The Website is only available to persons with the legal capacity to enter into this Agreement, and you represent that you are at least 18 years old. Begazed.com, at its sole discretion, refuse to accept any registration and may, at any time after accepting registration, rescind or revoke such acceptance and refuse to permit your continuing use of the Services and the Website for any reason.
3. Website Usagea) The Website exists solely as a facilitator of transactions between Sellers and buyers. Begazed is a party to any transactions entered into between buyer and any Seller(s). Begazed is not an agent of either you or any Seller. Begazed does not have the right, duty or power to transfer any item, or title to any item, from a Seller to you.
a) You must register before offering to buy any items for sale through the Website. You warrant that the information you provide in registration is accurate at the time you register and you agree to notify us when any such information changes. You agree that as of the time you place any offer to buy any item on the Website, your registration information is up to date.
b) After you register to use the Website, you will be prompted to select a username and a password. You are solely responsible for maintaining the confidentiality of your username and password. You agree to complete those transactions that occur using your username and password, without regard to whether you have authorized such transactions. You agree that you shall immediately notify Seller of any unauthorized use of your username or password.
5. Terms of Sales
a) Unless a Seller specifically lists other terms (in which case such terms shall apply solely to such Seller and not to Begazed), all sales are subject to 90 day return policy and all products are sold as-is, where-is, with all the faults, imperfections, omissions and errors in the written description and photography. Neither Begazed nor any buyer is responsible for any errors or omissions in the description or photography provided on this Website. You agree that you are solely responsible for verifying the condition and description of each item before buying it.
6. Operation of Website
a) Begazed does warrant that the Website will be available at all times or at any particular time or that when it does operate, that it will operate without errors. Begazed disclaims any liability due to unavailability or errors of the Website, and you agree to waive all claims.
7. Warranties of Buyers and Sellers By using the Website to offer to buy such items, you warrant that in connection with your use of the Website, you shall:
a) Not violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
b) Not intentionally buy any items not lawfully offered for sale or purchase in or from the United States or in the jurisdiction where you would receive such item.
c) Not import or export any items from the United States in violation of U.S. law or other applicable law.
d) Not interfere with or disrupt computer networks connected to the Website;
e) Not impersonate any other person or entity, or misrepresent your employment by, or affiliation with, any other person or entity;
f) Not disguise the origin of any information or to make communications to or from you appear to have originated or terminated it a different location;
g) Not interfere with or disrupt any other user’s use of the Website, stalk, threaten, or in any manner harass another user, or send emails to other users who have not requested them;
h) Not upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Website or other computer systems;
i) Not access the Website by means of an automated process, spider, bot, or any similar device, (other than by a search engine which makes its results freely available to the public without charge or registration) without Auction Software Provider’s consent;
j) Not copy any content on the Website or modify content of the Website without written permission from Auction Software Provider;
k) Not use the Website in such a manner as to gain unauthorized entry or access to the computer systems of Auction Software Provider or others or to any information stored on such computer systems;
l) Not upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;
m) Not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable;
n) Not upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; or
o) Not upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any “investment opportunities”. By placing a bid on an item on the Website, you warrant that you have the ability and authority to enter into and close the transaction pursuant to the terms and conditions of Sale and in accordance with this agreement.
a) Bids may be placed at some auctions by the Seller, an employee of the Seller, the consignor, or an agent on the consignor’s behalf. You should consult the auction’s terms and conditions because the terms and conditions control the conduct of each auction. Auction Software Provider has no role in setting the terms and conditions under which an auction is conducted.
b) Sellers, in their discretion, may charge a “Buyer’s Premium” in addition to the winning bid on an item by fully disclosing such premium in their auction listing. If you are the winning buyer, you agree to pay the Buyer’s Premium in addition to your winning bid.
c) If you place a bid on an item which is offered for sale in an auction format, your bid is irrevocable until such time as you have been out-bid.
d) You are responsible for paying all amounts owed for all winning bids, including without limitation all applicable taxes and Buyer’s Premiums.
e) All forms of shill bidding (directly or indirectly bidding on an item that you have listed for sale as a Seller), bid manipulation and collusion between users are forbidden. You may not place bids under a false name or with an invalid credit card or other invalid payment method.
f) Sellers may specify a reserve price for each auction item, but may choose not to disclose the reserve price to potential buyers. The reserve price specifies a minimum price for the auction. Bids below the reserve price will be recorded, but shall not obligate the bidder to purchase the auctioned item. Sellers may also add additional conditions to the sale of an item by placing a notice in an item’s listing.
9. Intellectual Property
a) The Website (including, without limitation, text, graphics, logos, button icons, brands, trademarks, images, audio clips and software) and the collection, assembly and arrangement of material on the Website (but excluding any material provided by the Website’s users) are the property of Auction Software Provider and are protected by U.S. and international copyright laws, except where otherwise indicated. Except for information which is in the public domain or for which you have been given express written permission by Auction Software Provider, you may not copy, modify, publish, display or sell any such information, except as authorized by law.
b) By placing any material on the Website, you warrant that you are either the owner of the copyright of such material, or that your placing such material on the Website is authorized by the owner of the copyright in such material, its agent, or the law.
c) The trademarks and service marks found on the Website, or to which the website directs you, are property of Auction Software Provider and/or Sellers, whether registered or unregistered, and may not be used without permission of its respective owner.
a) You agree to defend, indemnify and hold harmless Auction Software Provider, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (collectively, “Indemnified Parties”), from and against any claim, loss, damage, liabilities, judgments, fees and expenses related thereto (including, without limitation, reasonable attorney’s fees) incurred by any of the Indemnified Parties arising from or related to
(i) any breach or violation by you of these Terms and Conditions;
(ii) any claims arising out of or related to the goods or services which you sell, sold, or attempted to sell through the Website; or
(iii) any claims arising out of or related to your non-performance of your obligations including but not limited to the obligation to complete transactions, to pay all amounts owed, and to deliver goods or services;
(iv) any content which you cause to be displayed on the Website.
Disclaimer of Warranties.
a) AUCTION SOFTWARE PROVIDER DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION OF ANY KIND RELATED TO ANY ITEM OFFERED FOR SALE BY A SELLER ON THE WEBSITE. AUCTION SOFTWARE PROVIDER DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT ANY SELLER HAS THE RIGHT TO SELL ANY ITEM LISTED ON THE WEBSITE, OR THAT ANY BUYER HAS THE RIGHT TO PURCHASE ANY ITEM LISTED ON THE WEBSITE. AUCTION SOFTWARE PROVIDER DOES NOT PROVIDE ANY WARRANTY THAT ITEMS OFFERED FOR SALE EXIST OR WILL EXIST AT ANY TIME, OR THAT THE DESCRIPTION OF SUCH ITEMS ON THE WEBSITE IS ACCURATE. AUCTION SOFTWARE PROVIDER MAKES NO WARRANTY THAT ANY SELLER OR ANY BUYER IS WILLING, ABLE, OR HAS LEGAL CAPACITY TO COMPLETE ANY TRANSACTION ENTERED INTO THROUGH THE WEBSITE. AUCTION SOFTWARE PROVIDER MAKES NO WARRANTY THAT ANY ITEMS LISTED ON THE WEBSITE DO NOT INFRINGE ON ANY INTELLECTUAL OR PRIVACY RIGHTS OF ANY THIRD PARTY. AUCTION SOFTWARE PROVIDER DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED OR EXPLICIT RELATED TO ANY ITEM LISTED ON THE WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE ARISING FROM USAGE IN THE TRADE OR PRIOR DEALINGS. YOUR RECOURSE FOR ANY CLAIMS RELATED TO ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE IS SOLELY AGAINST THE BUYER OR SELLER WITH WHOM YOU ENTERED INTO SUCH TRANSACTION.b) THE WEBSITE AND ALL SERVICES MADE AVAILABLE THEREON, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” BASIS “WITH ALL FAULTS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AUCTION SOFTWARE PROVIDER DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR THE WEB SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. AUCTION SOFTWARE PROVIDER MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET THE REQUIREMENTS OF ITS USERS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT BY POSTING ANY ITEM ON THE WEBSITE, THE POSTED ITEM WILL BE SOLD. AUCTION SOFTWARE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OF THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AUCTION SOFTWARE PROVIDER OR THROUGH THE SERVICES OF THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. AUCTION SOFTWARE PROVIDER EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER SELLERS ARE SOLELY RESPONSIBLE FOR FINAL INVOICING OF ITEMS PURCHASED. NOTIFICATION OF AUCTION BIDS, WINS AND PURCHASES AUTOMATICALLY SENT BY THE WEBSITE AND BIDS REPORTS THAT ARE ACCESSIBLE WITHIN THE WEBSITE ARE PROVIDED SOLELY FOR REFERENCE AND NOT AS FINAL INVOICES OR CONFIRMATIONS OF WINNING BIDS.c) If you are dissatisfied with the Website, your sole remedy is to discontinue your use of the Website.
- Limitation of Liability.a) IN NO EVENT SHALL AUCTION SOFTWARE PROVIDER BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL, OR LOST SALES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF AUCTION SOFTWARE PROVIDER TO A USER FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEB SITE EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).b) THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
- Miscellaneousa) Taxes. Auction Software Provider is not responsible for the calculation or payment of any taxes or the reporting or remittance of any taxes to any taxing authority. You expressly agree to comply with any and all applicable laws and regulations, including without limitation, those with respect to taxes. You agree to defend, indemnify, and hold harmless Auction Software Provider from and against any and all damages, penalties, costs and expenses incurred by or imposed upon Auction Software Provider resulting from your failure to comply with applicable tax laws.b) No Relationship. You are not an agent, representative, broker, employee, partner, or joint venturer of Auction Software Provider. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between you and Auction Software Provider or to impose any partnership obligation or liability upon either party.c) Links to Third Parties. The Website may provide links to the Websites or services of others (“Third-Party Services”). Links to such Third-Party Services, or any do not constitute an endorsement or guarantee by Auction Software Provider of such Third-Party Services, or the products, content, materials or information presented or made available by such Third-Party Services. You agree that Auction Software Provider is not responsible for any damages or losses caused or alleged to have been caused by any third party or the use of any Third-Party Services, or from the products, content, material, services or information presented by or made available through such Third-Party Services.d) Choice of Law; Consent to Jurisdiction. This Agreement, and all questions with respect to the interpretation of this Agreement, shall be governed by and construed in accordance with the internal laws of the State of North Carolina, without regard for conflict of legal provisions. The parties submit to the exclusive jurisdiction of and venue in the federal and state courts located in Durham County, North Carolina. Each party hereby waives all defenses of lack of personal jurisdiction and forum non convenience. Process may be served on either party in the manner authorized by applicable law or court rule. If court proceedings are required to enforce any provision of this Agreement, the prevailing party shall be entitled to an award of reasonable costs and expenses of litigation and any appeal, including reasonable attorneys’ fees.e) Notices. Notices shall be given Begazed.com: i) to Provider: To be valid, notices must be sent by email (info@Begazed.com) and by certified mail, return receipt requested, to Begazed LLC; ii) To User: Notices to you will be sent by email to the email address reflected in your registration information. Notices to you shall be deemed to have been received 24 hours after the email is sent. Notices to Auction Software Provider shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.f) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.g) Waiver. Failure to exercise or enforce any right or provision of this Agreement will not deemed a waiver of such right or provision.