Pozee TERMS OF SERVICE

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. All purchases through our site or other transactions for the sale of goods or services formed through the Website (“Goods”) are governed by our terms of sale listed below ("Terms of Sale").

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Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms of Sale.

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Pozee shall not be liable for any delays, loss or damage in transit. Unless otherwise agreed in writing by the parties, Pozee shall use standard methods for packaging and shipping such Goods and shipment methods and processes, shall be in accordance with Pozee’s then current Shipping Policy incorporated into these Terms of Use by reference.

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Title and risk of loss shall pass to you upon receipt of full payment by Pozee. Pozee may, in its sole discretion, without liability or penalty, make partial shipments of Goods. Each shipment will constitute a separate sale, and you shall pay for the units shipped whether such shipment is in whole or partial fulfillment of your order.

 

These Terms of Sale may only be amended or modified in a writing which specifically states that it amends these Terms of Sale and is signed by an authorized representative of each party.

 

You shall purchase the Goods from Pozee at the price[s] (the "Price[s]") set forth in Pozee 's then current price list in force as of the date of purchase. All Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any Governmental Authority on any amounts payable by you. You shall be responsible for all such charges, costs and taxes; provided, that, you shall not be responsible for any taxes imposed on, or with respect to, Pozee 's income, revenues, gross receipts, personnel or real or personal property or other assets  You shall pay all amounts due to Pozee prior to shipment of any Goods in accordance with Pozee’s payment instructions and in US dollars. In addition to all other remedies available under these Terms of Sale or at law (which Pozee does not waive by the exercise of any rights hereunder), Pozee shall be entitled to suspend the delivery of any Goods, if you fail to pay any amounts when due hereunder. You shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Pozee, whether relating to Pozee 's breach, bankruptcy or otherwise.

 

LIMITED WARRANTY: Pozee warrants to you that for a period thirty days (30) from the date of delivery of the Goods ("Warranty Period"), that such Goods will materially conform to Pozee's published specifications in effect as of the date of delivery and will be free from material defects in material and workmanship. EXCEPT FOR THE WARRANTY SET FORTH IN THIS PARAGRAPH, Pozee MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Products manufactured by a third party ("Third Party Product") may constitute, contain, be contained in, and incorporated into, attached to or packaged together with, the Goods. For the avoidance of doubt, Pozee MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Pozee shall not be liable for a breach of the warranty set forth in this paragraph if: (i) you make any further use of such Goods after giving such notice; (ii) the defect arises because you failed to follow Pozee's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) you alter or repair such Goods.

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With respect to any such Goods during the Warranty Period, Pozee shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Pozee so requests, you shall, at your expense, return such Goods to Pozee. THE REMEDIES SET FORTH IN THIS PARAGRAPH BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND Pozee's ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY. IN NO EVENT SHALL Pozee BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS OF SALE, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL Pozee’s AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY GOOD, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO Pozee FOR SUCH GOODS.

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You shall comply with all applicable laws, regulations and ordinances. You shall comply with all export and import laws of all countries involved in the sale of the Goods under these Terms of Sale and shall not export, re-export, divert, or transship any Good. You assume all responsibility for shipments of Goods requiring any government import clearance. Pozee shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in fulfilling or performing any term of these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Pozee including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.