THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM FUSION ELECTRONICS USA Inc. (“Fusion”) (“Fusion Outlet”) (“www.fusiononlinestore.com”). PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.

Definitions:

“Product” shall mean any item offered for sale or licensing on the fusiononlinestore.com web site (ads, catalogues, specifications sheets etc.), including but not limited to hardware devices, software, accessories, configurations of hardware and software, CDs and DVDs, merchandise and documentation.

Entire Agreement:
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.

Orders/ Acceptance by Fusion/Acceptance of This Agreement by You:
All orders of Products placed by you with Fusion are non-cancelable and shall be subject to acceptance by Fusion. Fusion reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by Fusion, your order shall not be deemed accepted by Fusion until Fusion’s shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.

Limited Warranties:

With respect to refurbished Fusion branded Products, the Fusion limited warranty applies for a period of 90 days from purchase date. THE BENEFITS CONFERRED BY THIS LIMITED WARRANTY APPLY TO THE EXTENT THAT THEY ARE NOT SUPERSEDED BY ANY OTHER RIGHTS AND REMEDIES UNDER ANY APPLICABLE LEGISLATION THAT CANNOT BE EXCLUDED. OTHERWISE, TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY IS EXCLUDED AND THE FOREGOING WARRANTY IS THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, FUSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR A LOSS OF ANTICIPATED BENEFITS OR PROFITS, OUT OF USE OR INABILITY TO USE THE PRODUCT.
Some states in America do not allow the exclusion or limitation of consequential damages, so the above limitation and exclusion may not apply to you. This warranty gives you specific legal rights which may vary from state to state.
Fusion neither assumes nor authorises any authorised service centre or any person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this warranty.

Software License Terms:
All software (including pre-loaded software contained in hardware) is provided subject to such software’s user license agreement. You agree that you will be bound to such agreement.

Payment Terms; Price Confirmation/Billing Errors:
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. Fusion will charge credit cards upon shipment. Fusion accepts Mastercard, Visa, American Express, Discover and Paypal. Fusion does not accept cash, COD, purchase orders or personal checks unless specific arrangements have been made for business sales. Fusion payment terms are subject to change without notice at Fusion’s sole discretion. For web orders, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on a Fusion Web site or direct sales materials are incorrect, then the following applies: If a Product’s correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Fusion shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.

Products:
Fusion continually updates and revises Products. Fusion may revise and/or discontinue Products at any time. Changes in products shipped and products described on Fusion websites and/or direct sales materials are possible. Fusion Products are new unless specified as refurbished.

Promotional Codes:
You may use promotional codes toward the purchase of selected refurbished or open-box returned product. Promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Promotional Codes must be provided at time of redemption through www.fusiononlinestore.com. Promotional code offers are void where prohibited, taxed or restricted by law. Lost promotional codes cannot be replaced and are valid only in the United States, excluding territories. If you have questions regarding promotional code, please email: enquires.outlet@fusionelectronics.com. Promotional code programs may be terminated or modified by Fusion at any time in its sole discretion.

Return Policy:
Fusion’s return policy allows for Products purchased directly from Fusion and shipped to locations in the United States to be returned by you after obtaining a Fusion return authorization number (RMA) during the 30 day period following date of shipment by Fusion for a refund of purchase price actually paid. If you have received damaged, defective or incorrectly shipped merchandise please notify orders.outlet@fusionelectronics.com within 30 days. Fusion staff will advise an RMA number which must be noted on the outside of the returned Product’s container. Products must be returned in the original packaging. Shipping and handling charges are not refundable. Damage and missing part restocking fees may apply. RMA’s are valid for only 14 days from issuance. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to Product while in transit to Fusion. If you return Product to Fusion (i) without a RMA from Fusion or (ii) beyond the 14 day issuance period, or (iii) without proper packaging, Fusion retains the right to either refuse delivery of such return or charge you a restocking fee. Please allow up to eight weeks for Fusion to credit your account. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING FEE.

Shipping and Handling/Risk of Loss:
Fusion will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.

Limitation of Liability:
BOTH YOURS AND FUSION’S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR FUSION BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR FUSION SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Taxes:
Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.
 

Resale:
You certify and agree that you are purchasing Product(s) for your own internal use only, and not for resale. You shall not remove components from Product for resale.

Title:
Title to Product(s) other than software passes from Fusion to you upon shipment from Fusion’s facility. Title to software shall remain with the applicable licensor(s).

Governing Law/Waiver of Jury Trial:
This Agreement and all purchases hereunder shall be governed by and construed under the law of the state of California, without regard to conflicts of laws rules. You agree that the courts of California shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the Southern District of California of the United States District Court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.

Headings:
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

Critical Components:
The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.

Force Majeure:
Fusion shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Fusion. Quantities are subject to availability. In the event of shortage, Fusion may allocate sales and deliveries in its sole discretion.

Waiver/Invalidity:
Failure of Fusion to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.

Entire Agreement:
These terms and conditions constitute the entire and exclusive agreement between you and Fusion concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Fusion.

Trademark:
The trademark “FUSION” and any other product names, service names or logos of FUSION used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of Fusion Electronics or any of its affiliates. Other product names and/or company names used in the Web Site may be protected as their trademarks and/or trade names. iPod is a trademark of Apple Inc., registered in the U.S. and other countries.