Terms & Conditions - Xtarps.com
By ordering from Xtarps.com, and/or through the affiliates, affiliated websites, resellers, dealers and/or distributors of Xtarps.com, you agree the following terms and conditions:
All info listed in this FAQs section is part of the terms and conditions;
All orders are subject to acceptance by Xtarps.com;
All sales term is FOB Xtarps.com warehouse or the locations where Xtarps.com stores and ships out the products, unless clearly expressed otherwise. Xtarps.com will ship your order according to Xtarps.com standard shipping practice, and the risk of loss or damage and the product title will pass from Xtarps.com to customer once Xtarps.com turns over the products to the designated carrier for shipment to customer or its designated location. Customers must notify Xtarps.com within 24 hours upon receipt of the products if any part of the product is incorrect or damaged;
No rights in copyright, patents, trademarks, trade secrets, or other intellectual property are granted by either party to the other except as expressly provided under these Terms. Customer will not register or use any mark or internet domain name that contains Xtarps.com trademarks and/or trade name;
a) Limitation of Liability. In any circumstances, Xtarps.com' total aggregate liability in regard to damages for property and bodily injury (including death) is limited to the amount paid by customer for the Product;
b) Legal Theory. TO THE EXTENT ALLOWED BY LOCAL LAW, THESE LIMITATIONS WILL APPLY REGARDLESS OF THE BASIS OF LIABILITY, INCLUDING NEGLIGENCE, MISREPRESENTATION, BREACH OF ANY KIND, OR ANY OTHER CLAIMS IN CONTRACT, TORT OR OTHERWISE.
1) The Parties hereby agree that they may do business electronically, including contract formation, order placement and acceptance. Any orders placed by customer and accepted by Xtarps.com on any Xtarps.com websites will create fully enforceable obligations that will be subject to the terms hereof. Such orders and acceptances will be deemed for all purposes to be
a) Business records originated and maintained in documentary form,
b) A “writing” or “in writing,”
d) An “original” when printed from electronic files or records
The Parties further agree not to contest the validity or enforceability of such transactions under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the Party to be bound thereby and will be admissible if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in documentary form. In addition, the Parties agree that transactions may be conducted through Electronic Data Interchange or other electronic methods, as agreed by the Parties. Customer and Xtarps.com will adopt commercially reasonable security measures to limit access to passwords and to limit access to unauthorized use of the sites or issuance of messages caused by the failure of its security measures.
2) Xtarps.com will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control.
3) Customer may not assign any rights or obligations hereunder without prior written consent from Xtarps.com.
4) Disputes arising in connection with These Terms and Conditions will be governed by the laws of the country and locality in which Xtarps.com accepts the order.
5) Provisions herein which by their nature extend beyond the termination of any sale or license of Products or Support will remain in effect until fulfilled.
6) If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect.
7) These Terms and Conditions and any Attachments constitute the entire agreement between Xtarps.com and Customer, and supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Customer's additional or different terms and conditions will not apply. Customer's purchase or license of Products and Support will constitute Customer's acceptance of these Xtarps.com Terms and Conditions, which may not be changed except by an amendment signed by an authorized representative of each party.