Terms and Conditions of Sale
1. Sale and Purchase of Goods
PARKERTEK ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to
purchase, goods of the description and quantity described on the checkout window
("Checkout") and incorporated herein by this reference ("Goods") on the terms
and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website
attached hereto.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer
according to the payment due date stated at Checkout or stated verbally by a PARKERTEK technician. Any portion of the
Purchase Price unpaid past thirty (30) days shall be considered overdue. All
amounts past due are subject to a late charge of the lesser of one and one-half
percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the
highest lawful rate. In addition, Seller shall have the right to pursue any
remedies available at law or as provided herein and shall be entitled to
reimbursement from Buyer for Seller's costs of collection, including attorney
fees, legal fees and costs and disbursements.
4. Delivery
Unless otherwise agreed in writing, delivery shall be made in accordance with
Seller's shipping policy in effect on the date of shipment. Delivery dates
provided by Seller are estimates only. Seller will make reasonable efforts to
deliver in accordance with such dates; however, Seller will not be liable for
failure to deliver as estimated. Unless otherwise agreed in writing by Seller,
Goods shall be packaged according to Seller's standards and practices.
5. Limited Warranty
Seller supplies as its sole warranty the following:
Services purchased from this website shall be of the highest quality and
standard and free from defects. PARKERTEK will provide you with a 30 day
warranty period from the date of receipt of the repair or service carried
out.
The warranty shall last for 30 days.
The warranties provided for herein shall be governed by Seller's warranty
policies in effect on the date of shipment.
6. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the
Goods will be fit for any particular purpose for which Buyer may be buying the
Goods, except as otherwise provided in this Agreement, and Seller disclaims all
other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN
COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY
CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS
OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR
REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST
DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES,
EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR
OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR
CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS
ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY
OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR
IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE
PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS
AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND,
INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS
INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR
VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
7. Force Majeure
Seller shall not be held responsible for any failure of performance to make
timely delivery of all or any part of the Goods in the event such failure was
due, in whole or in part, to federal, provincial or municipal action, statute,
ordinance or regulation, strike or other labor trouble, fire or other damage to
or destruction of, in whole or in part, the Goods or the manufacturing facility
for the Goods, the lack of or inability to obtain raw materials, labor, fuel,
electrical power, water or supplies, or any other cause, act of God, contingency
or circumstances not subject to the reasonable control of Seller, which causes
delays or hinders the manufacture or delivery of Goods. Seller shall determine
in good faith the extent to which it can reasonably control a cause,
contingency, or circumstance that affects the performance of its
obligations.
8. General
Buyer may not assign this Agreement without Seller's written consent. Seller
is the sole intended beneficiary of this Agreement. If there is any
inconsistency between this Agreement and any other agreement included with or
relating to the Goods, this Agreement shall govern. This Agreement may not be
modified, altered or amended without the written agreement of Seller. Any
additional or altered terms attached to any order submitted by Buyer shall be
null and void, unless expressly agreed to in writing by Seller. If any term of
this Agreement is illegal or unenforceable, the legality and enforceability of
the remaining provisions shall not be affected or impaired. This Agreement shall
be interpreted under the laws of the United Kingdom, without giving effect to
conflicts-of-law rules; and in the event of a dispute under this Agreement;
Buyer submits to the exclusive jurisdiction and venue of the courts of the
United Kingdom and hereby waives any objection to such jurisdiction
and venue