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These terms and conditions govern the sale of products (“Products”) offered by Sunex, Inc. (“Sunex”) on this website. Your submission of an online order will be deemed to be acceptance to these terms and conditions.
PAYMENT: We accept major credit cards online. Non-US credit card orders may require 2-3 business days to process.
PRICE: The prices do not include any governmental taxes or shipping charges. We reserve the right to correct misprints.
TAXES: We collect sales tax on shipments to California addresses. Purchasers outside CA are responsible for their state or local sales/use tax, if any, and any other taxes payable by reason of this transaction.
SHIPMENT: All prices are F.C.A. our premises. Customer agrees that all freight, express and delivery charges shall be paid by Customer. Delivery will be deemed complete and risk of loss or damage to the Products will pass to Customer upon delivery to the carrier. Unless Sunex and customer specifically agree otherwise in writing, all shipments are packaged and shipped via methods selected by Sunex. You understand that any date of delivery is only an estimate and we will have no liability for late or partial deliveries.
RETURN POLICY: The Product must be returned to Sunex within 30 days of shipping. Refunds are issued by check for merchandise. Shipping cost is not refundable. The typical processing time for a refund check is 4-6 weeks. Returns will not be accepted if: (a) Products were damaged by improper handling, cleaning, or processing, (b) Software products that were opened. Returned products must be packaged in its original package materials. A re-stocking fee of 10% will apply if any original packaging material is missing or damaged. Customer must obtain a Return Material Authorization (RMA) number from Sunex before sending any products back. Return Authorization Number must be marked on the outside of the shipping carton.
WARRANTY: Please refer to the warranty information shipped with your product. THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY SUNEX IN CONNECTION WITH THE PRODUCTS, AND SUNEX DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Sunex assumes no liability for consequential damages, anticipated or lost profits, incidental damages, loss of time, or other losses incurred by Customer or any third party in connection with the Products
SOFTWARE LICENSE AGREEMENT: This End-User License Agreement ("EULA") is a legal agreement between you and Sunex Inc.. ("Sunex"), which governs your use of Sunex software ("SOFTWARE"). If you agree to be legally bound by the terms of this EULA, you may proceed to order SOFTWARE on this website in accordance with the terms of this EULA.
1.Ownership. The SOFTWARE is a copyrighted material and is protected by intellectual property laws. All rights, titles and interest in and to the SOFTWARE and the files associated therewith are owned by Sunex. The foregoing rights to the SOFTWARE are licensed to you on a limited basis as prescribed in the following Article 2. In any event, this provision should not be construed in any way, as an expression to assign or sell any copyrights of, or any other intellectual property rights to, from Sunex to you.
2.Grant of License. 2.1 Sunex grants you a non-exclusive, non-transferable license to install and use one (1) copy of the SOFTWARE on one (1) computer hardware. 2.2 Sunex further grants you a license to make only one (1) copy of the SOFTWARE at all times, solely for archival purposes, which such copy shall attach and stipulate all copyright and intellectual property rights notices. 2.3 Except for expressly stipulated in Sections 2.1 and 2.2 above, Sunex does not grant you any license relating to the SOFTWARE. Except to the extent expressly permitted by applicable law, you may not, (i) make any copies of the SOFTWARE except as expressly permitted in accordance with Sections 2.1 and 2.2 of this EULA, (ii) modify the SOFTWARE, (iii) reverse engineer, disassemble, decompile or use the SOFTWARE to create any derivative software, (iv) use the SOFTWARE on more than one (1) computer hardware concurrently, (v) rent or lease the SOFTWARE, (vi) make available to download the SOFTWARE to the public, or (vii) transfer the SOFTWARE to any third person or parties by wire or any other means.
3.Warranty Disclaimer: TO THE EXTENT ALLOWED BY LAW, THIS SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. SUNEX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE.
4.Limitation of Liability. IN NO EVENT SHALL SUNEX BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL SERVICE, REPAIR OR CORRECTION AND, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO UNCONDITIONALLY WAIVE ALL STATUTORY OR OTHER RIGHTS THAT MAY BE HELD BY YOU AGAINST SUNEX IN RESPECT OF SUCH DEFECT. Notwithstanding the above, these terms do not purport to limit the statutory rights of a consumer that cannot be waived under the applicable law.
5.Term. This EULA will become effective upon your acceptance and continue in effect unless you cease to use the SOFTWARE. However, Sunex may terminate this EULA without notice.
GOVERNING LAW: The construction, interpretation and performance of this Agreement and all transactions under it shall be governed by the laws of the State of California. The parties hereto agree that any suits, actions or proceedings arising out of this Agreement that may be instituted by any party hereto shall be instituted only in the state or Federal courts on the city of San Diego, state of California. |
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