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1. APPLICATION OF TERMS AND CONDITIONS OF SALE
The following terms and conditions shall govern the sale by the entity ("iiyama"
or "Seller") named on the invoice that will be provided to Customer for orders for
computer systems and/or related products sold by iiyama, unless Customer has signed
a separate formal purchase agreement with iiyama. By ordering products on the online
shop of iiyama or by accepting delivery of the products described on the invoice,
Customer agrees to be bound by and accepts these terms and conditions. iiyama reserves
the right to change these terms and conditions without prior written notice at any
time, at the sole discretion of iiyama.
2. OTHER DOCUMENTS DO NOT APPLY
These terms and conditions may not be supplemented, altered or modified by the use
of any other document(s). Any attempt to modify, supplement or amend these terms
and conditions will be null and void unless agreed to in writing by iiyama.
3. PAYMENT TERMS
Terms of payment shall be determined at the discretion of iiyama and otherwise agreed
to by iiyama. Payment must be received by iiyama prior to iiyama's acceptance of
Customer's order. Payment shall be made by credit card or some other pre-arranged
method of payment acceptable to iiyama. Where payment is made by credit card, such
payment is subject to the approval of the financial institution issuing the credit
card and iiyama shall not be liable in any way if such financial institution refuses
to accept or honor the credit card for any reason. In addition, the billing address
provided with the order must match the address with the financial institution before
the credit card will be accepted.
4. PRICES, SHIPPING AND HANDLING CHARGES AND TAXES
iiyama will only ship to U.S. locations. All prices do not include charges for shipping
and handling, and taxes. Separate charges for shipping and handling will be shown
on the invoice. iiyama is obligated to withhold sales tax for delivery within California
and Georgia, Pennsylvania, and New York. Unless Customer provides iiyama with a
valid and correct tax exemption certificate applicable to the product ship-to location
prior to iiyama's acceptance of the order, the Customer is responsible for sales
and all other taxes associated with the order.
5. LIMITED WARRANTY
A limited warranty statement will be included with each product shipped to Customer.
iiyama reserves the right to modify its warranty statement at any time, in its sole
discretion. iiyama will be obligated to honor any such warranty only upon iiyama's
receipt of payment in full for the product to be warranted. THE CONTENT ON THIS
SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, iiyama DISCLAIMS
ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER
VIOLATION OF RIGHTS. iiyama DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR
OTHERWISE RESPECTING, THE CONTENT ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
6. PRODUCT AVAILABILITY
Product availability may be limited. Products may not be available for immediate
delivery. iiyama reserves the right, without liability or prior notice, to revise
or cease to make available any or all products or to cancel any order. If there
is any revision or cessation, iiyama may ship products which have the functionality
and specifications of the products ordered but there will be differences in the
specifications between what was shipped and what was ordered.
7. EXCLUSION AND LIMITATION OF LIABILITY
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, iiyama SOLE AND EXCLUSIVE MAXIMUM
LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED
BY CUSTOMER. IN NO EVENT SHALL iiyama BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR
ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF
THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF
BUSINESS OR GOODWILL, LOSS OF USE EVEN IF iiyama HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. iiyama SHALL NOT BE LIABLE
IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS
DUE TO, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION,
DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE,
WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF iiyama
8. GOVERNING LAW AND JURISDICTION
The sale of products shall be governed by the laws of the State of California excluding
the conflict or choice of law provisions. Venue and jurisdiction for all disputes
will lie in exclusively Orange County, California.
9. EXPORT CONTROL
Products purchased or received under these terms and conditions shall be subject
to export laws and regulations of the United States of America.
10. HEADINGS
The headings of each of these terms and conditions are for convenience of reference
only and shall not form part of these terms and conditions. Such headings shall
be ignored in the interpretation or construction of any of these terms and conditions.
11. RETURN POLICIES
Customer may return the product only in accordance with iiyama's return policy in
effect on the date of the invoice.
12. PRODUCTS
iiyama's policy is one of on-going product update and revision. iiyama may revise
and discontinue products at any time. iiyama will ship products that have the functionality
and performance of the products ordered, but changes between what is shipped and
what is described in a specification sheet or catalog are possible.
13. SERVICE AND SUPPORT
iiyama endeavors to provide the best customer and technical support. For end-user
Customers, iiyama promises that its support people will attempt to handle over the
telephone and email any problem involving iiyama products.
14. NO ASSIGNMENT
Customer may not assign its rights or obligations under this Agreement without the
express written consent of iiyama
15. INVALIDITY OF PROVISIONS
If any provision or provisions of this Agreement shall be held to be invalid, illegal
or unenforceable, such provision shall be enforced to the fullest extent permitted
by applicable law, and the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.
iiyama is a leading manufacturer of monitors developed for entry-level, business, and high-end segments that provide efficiency, performance, reliability, and user comfort.
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