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Terms and Conditions
» Terms and Conditions of Sale:
» Important Information About This Legal Contract:
» Governing Law:
» Title; Risk of Loss:
» Export Sales:
» General Legal Disclaimer:
» Internet Disclaimer:
» Third-Party Product Disclaimer:
» Pricing and Information Disclaimer:
» Limitation of Liability:
» Venue:
» Orders; Payment Terms; Interest; Taxes:
» Return Policy
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 BabaDirect ("BabaDirect.com"), IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).

Important Information About This Legal Contract: [ TOP ]

This Sale Agreement is a legal contract between the Customer and BabaDirect. 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 "BabaDirect" shall relate to BabaDirect. 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 BabaDirect 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 BabaDirect. 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 BabaDirect 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: [ TOP ]

THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN COUNTY OF SAN FRANCISCO, CALIFORNIA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.

Title; Risk of Loss:  
Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified. Any loss or damage to merchandise during shipment/delivery shall be noted with the shipping carrier immediately before the receipt of the product and shall be informed to BabaDirect within 24 hours of delivery. 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: [ TOP ]
If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or licensed under this Sale Agreement exported from the United States by BabaDirect were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or licensed under this Sale Agreement may not be exported or re-exported to Angola, Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under U.S. law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States.
General Legal Disclaimer:  
BabaDirect 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 BabaDirect IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer: [ TOP ]

Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.

Third-Party Product Disclaimer:  
All products sold by BabaDirect are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, BabaDirect makes no representation or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer: [ TOP ]

All pricing subject to change. For all prices, products and offers, BabaDirect 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 BabaDirect uses reasonable efforts to include accurate and up-to-date information on the Site, BabaDirect makes no warranties or representations as to the Site's accuracy. BabaDirect assumes no liability or responsibility for any errors or omissions in the content on the Site.

Limitation of Liability:  
BabaDirect 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. BabaDirect 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, BabaDirect 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.
Venue: [ TOP ]
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), BabaDirect's advertising, or any related purchase SHALL BE RESOLVED in the County of San Francisco. This agreement shall be interpreted and enforced as per the laws of State of California.
Orders; Payment Terms; Interest; Taxes:  

Orders are not binding upon BabaDirect until accepted by BabaDirect. Terms of payment are within BabaDirect's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. BabaDirect 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.

BabaDirect maintains a security interest in all products sold until payment is received for the products. Client agrees to pay BabaDirect for any charges incurred to recover payment including but not limited to collection fees and attorney fees.

Return Policy [ TOP ]

* BabaDirect offers the same return policy to our clients as offered to BabaDirect by the manufacturers. The return policies vary from manufacturer to manufacturer. For detailed return policy on the product you wish to purchase, please contact your account manager. All returns are subject to a 15% re-stocking fee. Any request for RMA's must be made within the first 30 days of the receipt of the product. Merchandise cannot be returned after the 30 days under any circumstances.

* Please e-mail our Customer Relations Department at HYPERLINK "mailto:rma@BabaDirect.com" rma@BabaDirect.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product back to BabaDirect. Returns WILL not be accepted without a valid 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 the reason for the return.

* All products returned MUST: be 100 percent complete and contain ALL original manufacturer boxes with the original UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. RMA will not be issued without these. All packages issued RMA's will be inspected and any packages missing the above will be sent back to customer at customer's expense.

* Shipping charges on returned items are the customer's responsibility; BabaDirect will match the shipping method and pay for shipping on replacement or exchange item(s). Original shipping charges are not refunded on returned items and will not be credited.

* For your protection, we strongly recommend you fully insure your return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery.

* If you receive damaged merchandise, 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 BabaDirect to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify BabaDirect immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify BabaDirect of damaged goods within the first 24 hours of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions.

* DEFECTIVE returns can be returned directly to BabaDirect within 10 days from the invoice date, at BabaDirect's discretion for: credit, replacement, exchange or repair.

* Manufacturer restrictions do apply and are outlined in our detailed policy.

* Due to manufacturers' policies, products from the following brands are accepted for repair only: Apple, Compaq, IBM, and Hewlett-Packard. BabaDirect may not accept returns for exchange, replacement or credit. If you receive a unit that is inoperable FOR ANY REASON, you may contact us for information on warranty service through BabaDirect, the manufacturer direct or any authorized service center in your area.

* Additional manufacturers may be added to this list as: manufacturer policies change, manufacturers go out of business or in the case of specially ordered items.

NOTE: Multiple software licenses cannot be returned for refund or exchange unless first authorized by the manufacturer. Multiple licenses may not be returned beyond 30 days for any reason

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