JC GLOBAL INC.
SALE TERMS AND CONDITIONS
Offer. These Sale Terms and Conditions shall establish the terms and conditions under which JC Global Inc. (“Seller”, “we” or “our”) offers for sale to customers, (“Customer” or “you”) the products sold by Seller on its website www.warrantysupply.com. ANY ACCEPTANCE OF THIS OFFER IS LIMITED TO ACCEPTANCE OF THE EXPRESS TERMS AND CONDITIONS CONTAINED HEREIN. THE TERMS AND CONDITIONS BELOW SHALL SUPERSEDE ANY PROVISIONS, TERMS AND CONDITIONS CONTAINED ELSEWHERE ON OUR WEBSITE, ON ANY PURCHASE ORDER, CONFIRMATION, OR OTHER WRITING THE CUSTOMER MAY GIVE OR RECEIVE, AND THE RIGHTS OF THE PARTIES SHALL BE GOVERNED EXCLUSIVELY BY THE PROVISIONS, TERMS AND CONDITIONS HEREOF.
Quotations and Prices; Other Charges . All prices stated on our website are in United States dollars. Customer shall place online orders to purchase products from Seller hereunder. Unless otherwise expressly provided in writing by Seller, all prices quoted or referred to by Seller do not include any charges for packaging, freight, transportation, sales taxes, insurance, or any other charges relating to the transportation and shipment to Customer of the products sold hereunder. Such charges and/or taxes shall be the sole responsibility of and shall be borne exclusively by Customer. Wherever applicable, any such charges and/or taxes will be added to the invoice as a separate charge to be paid by Customer upon checkout.
Payment Terms. The purchase price and applicable charges and taxes shall be payable in full by Customer upon placing an order online. All payments due to Seller hereunder shall be paid in United States dollars in accordance with these Terms and Conditions. Seller currently accepts payments made with the following major credit cards issued in the United States: Visa®, MasterCard®, Discover® and American Express®. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges).
Validating Customer’s Order. Information provided to Seller when an order is placed, such as billing/shipping address, phone number and email address, will be used to verify Customer’s payment. Incorrect information will result in a delay in processing and may impact the final shipping date of the order. Orders in which sufficient information cannot be verified may be cancelled; however, Seller reserves the right to cancel any order at any time without giving any reason. Seller’s issuance of an order confirmation, whether electronic or other form, does not signify Seller’s acceptance of the order, nor does it constitute confirmation of Seller’s offer to sell. Seller reserves the right at any time after receipt of an order to accept or decline the order and/or to limit quantities on any order, without giving any reason. Seller reserves the right to limit or prohibit sales to resellers.
Shipping. This offer is made with the understanding that it is subject to inventory availability. All shipping and handling expenses are the sole responsibility of Customer. Please see our Shipping Policy (https://www.warrantysupply.com/shipping-policy/) for our standard processing times and other shipping related information. Delivery dates are estimates only and are based on normal shipping conditions (shipping conditions and actual shipping dates may vary). Seller will endeavor to meet all estimated delivery dates indicated on the order confirmation; provided, however, that Seller reserves the right to change any and all such delivery dates subject to Seller’s availability schedule without notice and without liability to Customer. Method and route of shipment are at Seller’s discretion unless Customer chooses shipment options other than Seller’s standard shipment with respect thereto. All shipments are made at Customer’s risk. Any non-delivery shall not relieve Customer from its obligation to accept any subsequent or prior shipment. All shipments shall be packaged in accordance with Seller’s standard and customary packaging practices. Seller retains the right, at its option, to cancel these Sale Terms and Conditions, and any order, in whole or in part, without any resulting liability to Customer or any third party.
Title and Risk of Loss. Title to and risk of loss and damage for any shipment of products shall pass to Customer immediately upon deposit of such shipment with a common carrier.
Acceptance; Return. Except as provided in this paragraph or in our Return Policy (https://www.warrantysupply.com/return-policy/), Customer shall accept all products shipped in accordance with these Terms and Conditions. In order to return a shipment, Customer must contact Seller within thirty (30) days after the receipt date of the shipment (each, a “Return Notice”). If no such notice is provided, then Customer shall be deemed to have accepted the shipment of the products and to have waived any and all claims with respect thereto. No claim of any kind (whether as to delivered products or for non-delivery of products, including claims of improper or defective materials and whether arising in tort or contract) shall be greater in amount than the purchase price of the products in respect of which such damages are claimed. Upon receipt of a Return Notice reasonably acceptable to Seller, at its sole discretion, Seller shall issue a Return Merchandise Authorization (“RMA”) to Customer. In no case shall Customer return products without first obtaining an RMA. Returned products must be delivered to Seller, in their original packaging and be accompanied by Customer’s RMA. Customer must prepay shipping charges and insure the shipment or accept the risk if the products are lost or damaged in shipment. Refunds or credits do not include original shipping and handling charges.
Cancelling an Order. Seller will accept cancellation of an order that has not shipped at Customer’s request and cancel or refund any charges that were posted for the order. Customer shall be responsible for round trip shipping costs on any order that has been shipped prior to cancellation, that is refused at time of delivery, or that is shipped in good faith but returned to Seller due to incorrect or incomplete shipping information provided by Customer.
Warranty. Seller warrants exclusively that on the date of delivery by Seller the products shall conform with the specifications set forth on our website in all material respects. The products are sold without further warranties, guarantees or representations and without any guarantee or promise by Seller with respect to their merchantability.
DISCLAIMERS. SELLER’S SOLE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY FOR A BREACH OF ANY WARRANTY WITH RESPECT TO ANY PRODUCT SHALL BE, AT SELLER’S SOLE OPTION, CREDIT OR REFUND OF THE PURCHASE PRICE OR REPLACEMENT OF THE NONCONFORMING PRODUCT. FURTHERMORE, ANY SUCH WARRANTY SHALL BE NULL AND VOID AND SHALL NOT APPLY TO ANY PRODUCTS WHICH ARE (i) IMPROPERLY STORED BY CUSTOMER, (ii) ALTERED, MODIFIED, DAMAGED, ABUSED, OR MISUSED (WHETHER INTENTIONALLY OR ACCIDENTALLY), OR (iii) NOTWITHSTANDING ANY NONCONFORMITY, ARE USED OR OTHERWISE ACCEPTED BY CUSTOMER OR CUSTOMER WAIVES ITS CLAIM FOR REJECTION UNDER THE PROVISIONS OF THIS AGREEMENT. THE FOREGOING WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE AND/OR PARTICULAR PURPOSE.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON OUR WEBSITE, INCLUDING PRICING, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON OUR WEBSITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS. A REFERENCE TO A PRODUCT ON OUR WEBSITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE AT THE TIME OF YOUR ORDER.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE, LOSS OR DIMINUTION IN VALUE OF ASSETS, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US, OR FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM US EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE OUR SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Force Majeure. Except as otherwise expressly set forth herein, we shall not be liable for any delay or for any consequence of any delay in the delivery of any products if such delay shall be due to acts of God, acts of terrorism, acts of a public enemy, changes in law, wars, floods, fires, storms, strikes, lockouts, viruses, pandemics, significant interruptions of transportation, freight embargoes or failures, exhaustion or unavailability on the open market or delays in delivery of material or services necessary for the performance of any provision hereof, or the happening of any material and reasonably unforeseeable act, misfortune, or casualty by which performance hereunder is delayed or prevented. If any such delay occurs, then (unless the cause thereof shall frustrate or render impossible or illegal the performance under these Sale Terms and Conditions or shall otherwise discharge the same), our period for performing our obligations shall be extended by such period (not limited to the length of the delay) as it may reasonably require to complete the performance of its obligation.
Severability. If any part of these Sale Terms and Conditions shall be held unenforceable, the remainder hereof shall nevertheless remain in full force and effect and, to the extent permissible under applicable law, such unenforceable provision or provisions shall be deemed revised to the minimum extent possible to permit enforcement of such provision on terms as near as possible to such provision as originally drafted.
Governing Law; Forum; Enforcement. These Sale Terms and Conditions and any disputes between the parties arising in connection with the agreement resulting from Customer’s acceptance hereof shall be governed by and interpreted in accordance with the laws of the State of New Jersey as if the agreement was performed wholly within the State of New Jersey and without regard to its conflict of law principles. All disputes arising out of this agreement shall be resolved by a court of competent jurisdiction in the State of New Jersey and both parties hereby (i) submit to the exclusive jurisdiction of the courts of the State of New Jersey in Bergen County, New Jersey and the Federal District Court for the District of New Jersey, and (ii) irrevocably waives, and agrees not to assert as a defense, counterclaim or otherwise, in any such dispute, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the dispute is brought in an inconvenient forum, that the venue of the dispute is improper, or that these Sale Terms and Conditions or the transactions contemplated hereby may not be enforced in or by any of the above-named courts. Each party hereto agrees that service of process in any dispute arising out of or relating to this Agreement shall be properly served or delivered if delivered by express mail or by registered or certified mail, postage prepaid, to each party’s provided shipping address. In the event Seller takes or maintains any action to enforce its rights hereunder and prevails thereafter, Customer shall reimburse Seller for its reasonable costs and expenses incurred, including, without limitation, reasonable attorneys’ fees and costs.
Entire Agreement; Modification; Waiver. These Sale Terms and Conditions contain the entire agreement of the parties regarding the online purchase of products by Customer and supersede all prior agreements, understandings, and negotiations regarding the same. Seller reserves its right to change these Sale Terms and Conditions at any time and from time to time. Any waiver of strict compliance with the provisions of these Sale Terms and Conditions shall not be deemed a waiver of Seller’s rights, privileges, claims, or remedies nor of Seller’s right to insist on strict compliance thereafter.
Notice for California Residents. This notice is provided to Customers that are residents of California pursuant to California Civil Code 1789.3. If you have a question or complaint regarding Seller’s services provided through this website, please contact Customer Service using the contact information provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Customer Service. All inquiries regarding these Sale Terms and Conditions and/or placing an order online should be directed to service@jcglobal.com.
