Terms of Sale

This agreement contains the terms and conditions that apply to your purchase of products ("Products") from IPEVO, Inc., a California corporation ("Company"). Please read these terms and conditions of sale carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement was last revised on 6th October, 2005.

By clicking "I Agree," you acknowledge that you have read, accepted and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. These terms and conditions apply unless (i) you have signed a separate purchase agreement with Company, in which case the separate agreement shall govern; or (ii) other Company standard terms apply to the transactions. These terms and conditions are subject to modification without prior written notice at any time, in Company's sole discretion. This agreement applies only to Products that are sold or provided in the United States to consumers and are not intended for resale. Those who desire to be resellers or distributors should contact Company at cs@ipevo.com or go to contact us. By using the Company website, you are also subject to Company's Terms of Access.

Section 1    Price and Payment Terms
Section 2    Shipping and Title
Section 3    Inspection of Products Upon Receipt
Section 4    Products
Section 5    Logon and Password
Section 6    Product Suitability
Section 7    Limited Warranty and Disclaimers
Section 8    Limitation of Liability
Section 9    Return Policies
Section 10  Customer Support
Section 11  Entire Agreement/Revisions
Section 12  Assignment
Section 13  Waiver,Choice of Law and Venue
Section 14  International Orders,Not For Resale
Section 15  Headings
Section 16  Severability
Section 17  Notice

Section 1   Price and Payment Terms

Your total price for the Products will be stated on your purchase receipt provided with your receipt and you shall also receive a confirmation of your order by way of e-mail to the address you indicate during the registration process. Terms of payment are within Company's sole discretion, and unless otherwise agreed to by Company, payment must be received by Company prior to Company's acceptance of an order. Payment for the Products must be made by credit card (Visa or MasterCard) and debit card (issued by Visa or MasterCard). Orders are not binding upon Company until accepted by Company. Any price quotations given by Company will be valid for the period stated on the quotation, with the exception that Company reserves the right to reject any sale for any reason, including for a misprint in the price quotation or advertisement. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay, unless you provide Company with a valid and correct tax exemption certificate applicable to the Product ship-to location prior to Company??s acceptance of the order.

Section 2   Shipping and Title

Company will arrange shipping of the Products to your address using a carrier of Company's choice, in Company's sole and absolute discretion. Title to the Products passes to you upon delivery to the carrier and risk of loss passes to you upon delivery to your address. We do not provide insurance on the Products during delivery. The costs of shipping and handling will be shown on your purchase receipt. Company will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failure, or acts of God.

Section 3   Inspection of Products Upon Receipt

You must examine the Products when you receive them. If any item is damaged or missing, you must notify Company at once. Company will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery.

Section 4   Products

Company??s policy is one of an ongoing Product update and revision. Company may revise and discontinue Products at any time. Company will ship you Products that have the functionality and performance of the Products you ordered, but changes between what is shipped and what is described in a specification sheet or online catalog are possible.

Section 5   Logon and Password

After registering on the Site, Company will send you a unique logon and password to the email address designated by you during the registration process. Your logon and password will allow you to participate in the purchase of Products to the extent allowed by each respective permission. You are solely responsible for your logon and password and the attendant transaction(s) related to the use of your logon and password. You may request revocation of your logon and password by sending us notification by email to cs@ipevo.com or go to contact us. You are solely responsible for your logons and passwords.

Section 6   Product Suitability

Many states and localities have codes and regulations governing sales, construction, installation, and/or use of Products for certain purposes, which may vary from those in neighboring areas. While Company attempts to assure that it's Products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the Product is installed or used. Before purchase and use of Product, please review the Product application, and national and local codes and regulations, to be sure that the Product, installation, and use will comply with them.

Section 7   Limited Warranty and Disclaimers

Company warrants to the original purchaser of the Product that the Product will be free from defects in materials and/or workmanship from the date of invoice for a period of one (1) year, unless otherwise specified. During this warranty period, Company will, at its option, repair or replace defective Products. Damage due to shipping the Products to you is covered under this warranty. This warranty does not cover damage due to external causes, including, but not limited to, accident, abuse, misuse, problems associated with electrical power, problems caused by failure to provide a suitable environment or proper installation for the Product, servicing not authorized by Company, use not in accordance with Product instructions, or failure to perform required preventative maintenance. This warranty is void if the Product is taken apart or otherwise disassembled in any manner. Company owns all parts removed from repaired Products. If Company repairs or replaces a Product, its warranty term is not extended. You must contact Company by email to cs@ipevo.com or go to contact us during the warranty period in order to be eligible to receive warranty service under this Company Warranty.

THE ABOVE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY COMPANY, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. COMPATIBILITY OF PRODUCTS IS NEVER GUARANTEED, AND THERE IS NO WARRANTY THAT SEPARATE COMPONENTS WILL FUNCTION AS A SYSTEM. THE ABOVE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

A BUYER OF CONSUMER PRODUCTS IN CALIFORNIA HAS THE RIGHT TO HAVE THE PRODUCT SERVICED OR REPAIRED DURING THE WARRANTY PERIOD. THE WARRANTY PERIOD WILL BE EXTENDED FOR THE NUMBER OF WHOLE DAYS THAT THE PRODUCT HAS BEEN OUT OF THE BUYER'S HANDS FOR WARRANTY REPAIRS. IF A DEFECT EXISTS WITHIN THE WARRANTY PERIOD, THE WARRANTY WILL NOT EXPIRE UNTIL THE DEFECT HAS BEEN FIXED. THE WARRANTY PERIOD WILL ALSO BE EXTENDED IF THE WARRANTY REPAIRS HAVE NOT BEEN PERFORMED DUE TO DELAYS CAUSED BY CIRCUMSTANCES BEYOND THE CONTROL FO THE BUYER, OR IF THE WARRANTY REPAIRS DID NOT REMEDY THE DEFECT AND THE BUYER NOTIFIES THE MANUFACTURER OR SELLER OF THE FAILURE OF THE REPAIRS WITHIN 60 DAYS AFTER THEY ARE COMPLETED.

Section 8   Limitation of Liability


COMPANY'S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN PRODUCTS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THE ABOVE WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. COMPANY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOST DATA 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. THIS LIMITATION OF LIABILITY APPLIES TO PRODUCTS. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.