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Budget Car Covers Terms and Conditions of
Use PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT")
VERY CAREFULLY.
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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 Budget Car Covers 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 Budget Car Covers'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 Budget Car Covers (References to "you" or "your" shall relate to a
customer of Budget Car Covers or other party that visits, browses, shops,
accesses or otherwise uses the Site (the "Customer"); references to
"Budget Car Covers" shall relate to Budget Car Covers 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 Budget Car Covers 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 Budget Car Covers from its offices
within the United States. Budget Car Covers 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 NY without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in USA County, NY to
hear any such claims.
Access, Interference and Linking Budget
Car Covers 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 Budget Car Covers. 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 Budget Car Covers; 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
Budget Car Covers. 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 Budget Car Covers, its affiliates, or
their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any Budget Car Covers logo or
other proprietary graphic or trademark as part of the link without express
written permission. Budget Car Covers 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 Budget Car Covers 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 Budget Car Covers 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 Budget Car Covers '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. Budget Car Covers and
the Circle of Service logo are trademarks of Budget Car Covers Copyright ©
2002 Budget Car Covers.
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 Budget Car Covers 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 Budget Car Covers OR A Budget Car Covers 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 Budget Car Covers, 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 NewJersey 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 New York. 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. Budget Car Covers reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in its sole
discretion.
Communications to Budget Car Covers 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 Budget Car Covers for any
purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Budget Car
Covers is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to Budget Car Covers 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: Budget Car Covers 157-11 90th St Howaed Beach, NY.
11414 United States Ph: 1.866.859.4880 E-Mail:
sales@budgetcarcovers.com
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.
Budget Car Covers 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 Budget Car
Covers. 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 Budget Car Covers.
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 "Budget Car Covers" shall
relate to Budget Car Covers 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 Budget Car Covers 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 Budget Car Covers.
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 Budget Car Covers 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 NY, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS
LOCATED IN USA COUNTY, NY 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 Budget
Car Covers is Budget Car Covers'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 Budget Car Covers 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 Budget Car Covers 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
Budget Car Covers are third party products and are subject to the
warranties and representations of the applicable manufacturers, including
but not limited to Y2K compliance. Accordingly, Budget Car Covers 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, Budget Car Covers 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
Budget Car Covers uses reasonable efforts to include accurate and
up-to-date information on the Site, Budget Car Covers makes no warranties
or representations as to the Site's accuracy. Budget Car Covers assumes no
liability or responsibility for any errors or omissions in the content on
the Site.
Limitation of Liability Budget Car Covers 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. Budget Car Covers 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, Budget Car Covers 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),Budget
Car Covers'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 Matawan, NJ. 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 Budget Car Covers until accepted by Budget Car Covers. Terms of
payment are within Budget Car Covers's sole discretion. Invoices are due
and payable within the time period noted on the invoice, measured from the
date of the invoice. Budget Car Covers 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 Budget Car Covers
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
Budget Car Covers offers a 30 days
return policy on selected items based on manufacturer return policies. For
further information not listed, please contact your Budget Car Covers
account manager. Please call 1.866.859.4880 or e-mail our Returns
Department at sales@budgetcarcovers.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; Budget Car Covers will
match your shipping method on your replacement or exchange item(s) in the
event that the return was caused by Budget Car Covers. Budget Car
Covers 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 Budget Car Covers to file a damage claim. Save the
merchandise AND the original box and packing it arrived in, notify Budget
Car Covers immediately to arrange for a carrier inspection and a pick up
of damaged merchandise. If you do not notify Budget Car Covers 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 1.866.859.4880 or your Budget Car Covers account
manager to arrange for carrier inspection and a pick up of damaged
merchandise. DEFECTIVE returns can be returned directly to Budget Car
Covers within 30 days from the invoice date, at Budget Car Covers's
discretion for: credit, replacement, exchange or repair. Manufacturer
restrictions do apply and are outlined in our detailed policy. Any item
that is missing the UPC can ONLY be replaced with the same item. After 30
days, all manufacturers' warranties apply. NON-DEFECTIVE returns can
be accepted directly by Budget Car Covers within 30 days from the invoice
date, at Budget Car Covers discretion for: credit, exchange. All
NON-DEFECTIVE returns are subject to a 0 percent restocking fee. Due
to manufacturers' policies, Budget Car Covers cannot accept returns of the
following items for exchange, replacement or credit FOR ANY REASON:
(Budget Car Covers exceptions). DEFECTIVE merchandise can be returned for
REPAIR ONLY to: Budget Car Covers, 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. Budget Car
Covers reserves the right to authorize product returns beyond 30 days from
the invoice date. Customers are responsible for all shipping charges back
to Budget Car Covers on returned items. Replacement or exchange item(s)
that are the cause of the customer ordering the wrong product must be paid
by the customer.
Check payment policy
Budget Car Covers will
accept personal or business checks up to $12,000, subject to verification.
Budget Car Covers 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. Budget
Car Covers does not apply any surcharge for credit cards.
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