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TERMS
AND CONDITION OF SALE
TERMS
AND CONDITION OF USE
BY
VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE
(THE "SITE") OPERATED BY Lorentz Design YOU AGREE TO BE BOUND BY THESE
TERMS AND CONDITIONS.
Important
Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions,
by visiting, browsing, shopping, accessing or otherwise using the Site.
These terms and conditions are subject to change without prior notice
at any time, in Lorentz Design's sole discretion. By visiting, browsing,
shopping, accessing or otherwise using the Site after a change has been
posted to the Site, the Customer accepts that change. Customers should
check this User Agreement and the Privacy Pledge frequently
Acceptance
of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a
legal contract between you and Lorentz Design (References to "you"
or "your" shall relate to a customer of Lorentz Design or other party
that visits, browses, shops, accesses or otherwise uses the Site (the
"Customer"); references to "Lorentz Design" shall relate to Lorentz Design
and its affiliates.) By visiting, browsing, shopping, accessing or otherwise
using this site ("Site"), you acknowledge that you have read, understood,
and agree to be bound by this User Agreement and comply with all applicable
laws and regulations, including U.S. export and re-export control laws
and regulations. If you do not agree to this User Agreement, as it may
be changed by Lorentz Design from time to time, do not use this Site.
The material provided on this Site is protected by law, including, but
not limited to, United States copyright law and international treaties.
This Site is controlled and operated by Lorentz Design from its offices
within the United States. Lorentz Design makes no representation that
materials in the Site are appropriate or available for use in other locations,
and access to them from territories where their contents are illegal is
not authorized. Those who choose to access this Site from other locations
do so on their own initiative and are responsible for compliance with
applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained
herein is governed by the laws of the state of AL without regard to conflict
of law rules. You consent to jurisdiction of the federal and state courts
located in USA County, AL to hear any such claims.
Access,
Interference and Linking
Lorentz Design grants you a limited license to access and make personal
use of the Site and not to download (other than page caching) or modify
it, or any portion of it, except as provided below under "Use Restrictions,"
or with express written consent of Lorentz Design.
The following activity on the Site is expressly prohibited: Any non-personal
or commercial use of any robot, spider, other automatic device, or manual
process to monitor or copy portions of the Site or the content contained
herein without prior written permission by Lorentz Design; collection
or use of any product listings, descriptions, or prices, from the Site
for the benefit of another merchant that supplies products competitive
with or comparable to those offered on the Site; and, Any use of, visits
to, or other action that imposes an unreasonable or disproportionately
large load on the Site, or otherwise interferes with its proper and timely
functioning.
Any
unauthorized use terminates the license granted by Lorentz Design.
You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of the Site so long as the link does not
portray Lorentz Design, its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any Lorentz Design logo or other proprietary graphic or
trademark as part of the link without express written permission.
Lorentz Design does not review or control third-party sites that link
to or from the Site, and is not responsible for the contents of any third-party
sites linked to or from the Site.
Use
Restrictions
The copyright in all material provided on this Site is held by Lorentz Design
or by the original creator of the material. Except as stated herein, none
of the material may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including,
but not limited to, electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of Lorentz Design or
the copyright owner. Permission is granted to display, copy, distribute
and download the materials on this Site for personal, non-commercial use
only, provided you do not modify the materials and that you retain all
copyright and other proprietary notices contained in the materials. This
permission terminates automatically if you breach any of these terms or
conditions. Upon termination, you must immediately destroy any downloaded
or printed materials. You also may not, without Lorentz Design 's prior
written permission, "mirror" any material contained on this Site on any
other server. Any unauthorized use of any material contained on this Site
may violate copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their
respective owners. Photographs courtesy of respective manufacturers. Lorentz Design
and the Circle of Service logo are trademarks of Lorentz Design Copyright
© 2002 Lorentz Design.
Microsoft
and the Passport Logo are either registered trademarks or trademarks of
Microsoft Corporation in the United States and/or other countries and
are used under license from Microsoft.
Limitation
of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
Lorentz Design BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS
ON THIS SITE, EVEN IF Lorentz Design OR A Lorentz Design AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF
YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
Arbitration
By accessing the Site and using the information therein available and/or
by purchasing any products or services made available through this Site,
you agree with Lorentz Design, its service providers, agents, employees,
successors, assigns, affiliates, parents, subsidiaries and any content
provider or offer or of goods or services on this Site or through any
other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT
AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS
OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE,
INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure
of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim
is filed. The Code is available at http://www.arbitration-forum.com
or
can be obtained by calling 1-800-753-9448. Notwithstanding any choice
of law provision included in this User Agreement, this arbitration agreement
is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New
York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§
201-208 or as codified in the jurisdiction where enforcement of the award
is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Mobile, AL. Each party
shall bear its own cost of any legal representation, discovery, or research
required to complete arbitration.
Privacy
Please review our Privacy Notice, which also governs your visit to this
Site.
You are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account
or password. If you are under 18, you may use the Site only with a parent
or guardian. Lorentz Design reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in its sole discretion.
Communications
to Lorentz Design
Any communication or material you transmit to the Site by electronic mail
or otherwise, including any data, questions, comments, suggestions, or
the like is, and will be treated as, non-confidential and non-proprietary.
Anything you transmit or post may be used by Lorentz Design for any
purpose, including but not limited to reproduction, disclosure, transmission,
publication, broadcast, and posting. Furthermore, Lorentz Design is
free to use any ideas, concepts, know-how, or techniques contained in
any communication you send to Lorentz Design or the Site for any purpose
whatsoever, including but not limited to developing, manufacturing and
marketing products using such information.
Copyright
Complaints
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact:
Lorentz Design
1041 Hubert Pierce Rd
Mobile AL, 36608
Phone: 2517767678
Fax:
Email: orders@Lorentz Design
Disagreement
with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement,
please do not visit, browse, shop, access or otherwise use this Site.
Lorentz Design Terms and Conditions of Sale
PLEASE
READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS
TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL
PURCHASE AGREEMENT WITH Lorentz Design. IN WHICH CASE THE SEPARATE
AGREEMENT SHALL GOVERN).
Important
Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Lorentz Design.
The Customer accepts this Sale Agreement by making a purchase, placing
an order, or otherwise shopping on the Site. (References to "you" or "your"
shall relate to the Customer; references to "Lorentz Design" shall
relate to Lorentz Design and its affiliates.) The terms and conditions
of this Sale Agreement are subject to change without prior notice, except
that the terms and conditions posted on the Site at the time the Customer
initially places or modifies an order will govern the order in question.
This
Sale Agreement constitutes the entire agreement between the Customer and
Lorentz Design relating to the purchase or sale of goods or services
on the Site. The Sale Agreement may only be modified or terminated with
regard to goods or services that have been purchased or sold on the Site
in a writing signed by Lorentz Design. Electronic records (including
signatures), that are otherwise valid, shall be accepted under the Sale
Agreement. The Customer consents to receiving electronic records, which
may be provided via a web browser or e-mail application connected to the
Internet; consumers may withdraw consent to receiving electronic records
or have the record provided in non-electronic form by contacting Lorentz Design
at the address provided below.
In the event of any conflict between the terms and conditions stated on
your purchase order and this Sale Agreement or any terms and conditions
on our invoice, you agree that the provisions of this Sale Agreement and
our invoice shall control.
Governing
Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF
THE STATE OF AL, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER
CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
USA COUNTY, AL FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING
OUT OF THIS SALE AGREEMENT.
Title;
Risk of Loss
Title to goods herein being purchased is retained by the seller until
goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected
by Lorentz Design is Lorentz Design's responsibility. Loss or damage
that occurs during shipping by a carrier selected by Customer is Customer's
responsibility. Title to software will remain with the applicable licensor(s).
Export
Sales
If goods herein being purchased are being purchased for purposes of export,
the Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties
for exported goods may vary or even be null and void for goods exported
outside the United States. The Customer should inquire further regarding
any questions. Any and all liability is only for the products purchased.
General
Legal Disclaimer
Lorentz Design HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY Lorentz Design
IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet
Disclaimer
Internet connectivity requires access services from an Internet access
provider. Contact your local access provider for rates, terms and conditions.
56K
Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations
limit download speed to 53Kbps.
Third-Party
Product and Y2K Disclaimer
All products sold by Lorentz Design are third party products and are
subject to the warranties and representations of the applicable manufacturers,
including but not limited to Y2K compliance. Accordingly, Lorentz Design
makes no representation or warranty with respect to the Y2K compliance
of products sold.
Pricing
and Information Disclaimer
All pricing subject to change. For all prices, products and offers, Lorentz Design
reserves the right to make adjustments due to changing market conditions,
product discontinuation, manufacturer price changes, errors in advertisements
and other extenuating circumstances. High volume bids are welcome!
While Lorentz Design uses reasonable efforts to include accurate and
up-to-date information on the Site, Lorentz Design makes no warranties
or representations as to the Site's accuracy. Lorentz Design assumes
no liability or responsibility for any errors or omissions in the content
on the Site.
Limitation
of Liability
Lorentz Design WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS
OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD
PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Lorentz Design WILL NOT
BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR
LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY
RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Lorentz Design IS
NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE
DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON
LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to
this Sale Agreement, its interpretation, or the breach, termination or
validity thereof, the relationships which result from this Sale Agreement
(including, to the full extent permitted by applicable law, relationships
with third parties who are not signatories to this Sale Agreement), Lorentz Design's
advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION
FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the
"Code") in effect at the time the claim is filed. The Code is available
at http://www.arbitration-forum.com
or
can be obtained by calling 1-800-753-9448. Notwithstanding any choice
of law provision included in this Sale Agreement, this arbitration agreement
is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New
York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§
201-208 or as codified in the jurisdiction where enforcement of the award
is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Mobile, AL. Judgment
on the award rendered by the arbitrator(s) may be entered by any court
having jurisdiction. Each party shall bear its own cost of any legal representation,
discovery, or research required to complete arbitration.
Orders;
Payment Terms; Interest; Taxes
Orders are not binding upon Lorentz Design until accepted by Lorentz Design.
Terms of payment are within Lorentz Design's sole discretion. Invoices
are due and payable within the time period noted on the invoice, measured
from the date of the invoice. Lorentz Design may invoice parts of an
order separately. Customer agrees to pay interest on all past-due sums
at the highest rate allowed by law. The Customer is responsible for sales
and all other taxes associated with the order.
Freight
Policy
Shipping and handling charges on all orders vary; contact your Lorentz Design
account manager for our most current and competitive rates, options and
shipping specials. For the Customer's protection, we ship only to the
verified billing address of the Customer's credit card. In some circumstances,
international shipping may be available. Call for details.
Return
Policy
The following refund policy applies to all products except those stating
their own refund policy with the product description:
- Lorentz Design
offers a 30 days return policy on selected items based on manufacturer
return policies. For further information not listed, please contact
your Lorentz Design account manager.
- Please
call 1-800-933-0403 or e-mail our Returns Department at cdcube@cmconline.com
to obtain a Return Merchandise Authorization (RMA) number before shipping
your product. NO returns of any type will be accepted without an RMA
number. For faster service, please have the following information on
hand when calling for an RMA number: customer name, invoice number,
serial number and nature of the problem.
- All
products returned MUST: be 100 percent complete, contain ALL original
boxes and packing materials, have original UPC codes on the manufacturer
boxes, contain all manuals, blank warranty cards and other accessories
and documentation provided by the manufacturer.
- You
are responsible for shipping charges on returned items; Lorentz Design
will match your shipping method on your replacement or exchange item(s).
- Lorentz Design
strongly recommends you fully insure your return shipment in case it
is lost or damaged and you use a carrier that can provide you with proof
of delivery for your protection.
- If
merchandise arrives damaged: it is best to REFUSE it back to the carrier
attempting delivery. If you accept the package make sure it is noted
on the carrier's delivery record in order for Lorentz Design to file
a damage claim. Save the merchandise AND the original box and packing
it arrived in, notify Lorentz Design immediately to arrange for a
carrier inspection and a pick up of damaged merchandise. If you do not
notify Lorentz Design of damaged goods within the first 15 days of
arrival, our regular return policy will override any claim of damage,
and will fall under all current manufacturer restrictions. Call 1-800-933-0403
or your Lorentz Design account manager to arrange for carrier inspection
and a pick up of damaged merchandise.
- DEFECTIVE
returns can be returned directly to Lorentz Design within 0 days
from the invoice date, at Lorentz Design's discretion for: credit,
replacement, exchange or repair.
- Manufacturer
restrictions do apply and are outlined in our detailed policy. After
30 days, all manufacturers' warranties apply.
- NON-DEFECTIVE
returns can be accepted directly by Lorentz Design within 30 days
from the invoice date, at Lorentz Design's discretion for: credit,
exchange. All NON-DEFECTIVE returns are subject to a 10 percent restocking
fee.
- Due
to manufacturers' policies, Lorentz Design cannot accept returns
of the following items for exchange, replacement or credit FOR ANY REASON:
(Lorentz Design exceptions). DEFECTIVE merchandise can be returned
for REPAIR ONLY to: Lorentz Design, the manufacturer direct or any
authorized service center in your area. Additional manufacturers may
be added to this list as: manufacturer policies change, manufacturer
goes out of business or in the case of specially ordered items.
Lorentz Design
reserves the right to authorize product returns beyond 30 days from the
invoice date. Customers are responsible for all shipping charges back to Lorentz Design on returned items,
and Lorentz Design will pay the shipping charges on the replacement
or exchange item(s) going back.
Special
Products Return Policy
Only defective software and DVD movies can be returned to Lorentz Design.
The return must take place within 0 days of invoice date and may only
be replaced for the SAME software or DVD movie title. Unopened software
may be returned for refund or exchange within 0 days of invoice date.
Multiple software licenses cannot be returned for refund or exchange unless
first authorized by the manufacturer. Multiple software licenses cannot
be returned for refund or exchange unless first authorized by the manufacturer.
Multiple licenses may not be returned beyond 0 days for any reason.
Check
payment policy
Lorentz Design will accept a cashiers check or money order on all COD
orders. Lorentz Design will accept personal or business checks up to
$12,000 at our two showroom locations, subject to verification. Lorentz Design
will accept personal and business checks for prepay orders, but allow
10 business days for clearing.
Credit
Cards
Credit card charges are processed online after ordering the products and/or
services. Time of shipment is less than one week. Lorentz Design does
not apply any surcharge for credit cards.
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