Elite Partners, LLC Terms and Conditions of
Use PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CAREFULLY.
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 Elite Partners, LLC 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 Elite Partners, LLC'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 Elite Partners, LLC (References to "you"
or "your" shall relate to a customer of Elite Partners, LLC or other party that
visits, browses, shops, accesses or otherwise uses the Site (the "Customer");
references to "Elite Partners, LLC" shall relate to Elite Partners, LLC 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 Elite Partners, LLC 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 Elite Partners, LLC
from its offices within the United States. Elite Partners, LLC 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 NJ
without regard to conflict of law rules. You consent to jurisdiction of the
federal and state courts located in USA County, NJ to hear any such
claims.
Access, Interference and Linking Elite Partners, LLC 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 Elite Partners, LLC. 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
Elite Partners, LLC; 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
Elite Partners, LLC. 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 Elite Partners, LLC, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any
Elite Partners, LLC logo or other proprietary graphic or trademark as part of the link
without express written permission. Elite Partners, LLC 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
Elite Partners, LLC 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 Elite Partners, LLC
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 Elite Partners, LLC '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. Elite Partners, LLC and the
Circle of Service logo are trademarks of Elite Partners, LLC Copyright © 2002
Elite Partners, LLC.
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 Elite Partners, LLC 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 Elite Partners, LLC OR A Elite Partners, LLC 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 Elite Partners, LLC, 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 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 Pompton Plains, NJ. 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.
Elite Partners, LLC reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion.
Communications to Elite Partners, LLC 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 Elite Partners, LLC for
any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Elite Partners, LLC is
free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to Elite Partners, LLC 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: Elite Partners, LLC 230 West Parkway Pompton Plains NJ, 07444 Phone:
1.866.859.4880 Fax: 1.973.794.5008 Email: sales@wholesalecarcovers.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.
Elite Partners, LLC 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 Elite Partners, LLC. 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 Elite Partners, LLC. 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
"Elite Partners, LLC" shall relate to Elite Partners, LLC 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 Elite Partners, LLC 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 Elite Partners, LLC. 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 Elite Partners, LLC 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 NJ, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
USA COUNTY, NJ 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
Elite Partners, LLC is Elite Partners, LLC'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 Elite Partners, LLC 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
Elite Partners, LLC 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 Elite Partners, LLC
are third party products and are subject to the warranties and representations
of the applicable manufacturers, including but not limited to Y2K compliance.
Accordingly, Elite Partners, LLC 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, Elite Partners, LLC 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 Elite Partners, LLC uses
reasonable efforts to include accurate and up-to-date information on the Site,
Elite Partners, LLC makes no warranties or representations as to the Site's accuracy.
Elite Partners, LLC assumes no liability or responsibility for any errors or omissions
in the content on the Site.
Limitation of Liability Elite Partners, LLC 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. Elite Partners, LLC 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, Elite Partners, LLC 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), Elite Partners, LLC'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 Pompton Plains, 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 Elite Partners, LLC
until accepted by Elite Partners, LLC. Terms of payment are within Elite Partners, LLC's
sole discretion. Invoices are due and payable within the time period noted on
the invoice, measured from the date of the invoice. Elite Partners, LLC 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
Elite Partners, LLC 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
- Elite Partners, LLC offers a 30 days return
policy on selected items based on manufacturer return policies. For further
information not listed, please contact your Elite Partners, LLC account manager.
- Please call 1.866.859.4880 or e-mail our Returns
Department at sales@wholesalecarcovers.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; Elite Partners, LLC will match your shipping method on your
replacement or exchange item(s).
- Elite Partners, LLC 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
Elite Partners, LLC to file a damage claim. Save the merchandise AND the original
box and packing it arrived in, notify Elite Partners, LLC immediately to arrange for
a carrier inspection and a pick up of damaged merchandise. If you do not
notify Elite Partners, LLC 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 Elite Partners, LLC
account manager to arrange for carrier inspection and a pick up of damaged
merchandise.
- DEFECTIVE returns can be returned directly to
Elite Partners, LLC within 30 days from the invoice date, at
Elite Partners, LLC'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
Elite Partners, LLC within 30 days from the invoice date, at
Elite Partners, LLC's discretion for: credit, exchange. All NON-DEFECTIVE returns
are subject to a 15 percent restocking fee.
- Due to manufacturers' policies, Elite Partners, LLC
cannot accept returns of the following items for exchange, replacement or
credit FOR ANY REASON: (Elite Partners, LLC exceptions). DEFECTIVE merchandise can
be returned for REPAIR ONLY to: Elite Partners, LLC, 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.
Elite Partners, LLC reserves the right to authorize product
returns beyond 30 days from the invoice date.
Original
shipping charges are refunded on returned items. Customers are
responsible for all shipping charges back to Elite Partners, LLC on returned items,
and Elite Partners, LLC will pay the shipping charges on the replacement or exchange
item(s) going back.
Special Products Return Policy Only defective software and DVD movies can be returned to
Elite Partners, LLC. The return must take place within 30 days of invoice
date and may only be replaced for the SAME software or DVD movie title. Unopened
software may be returned for refund or exchange within 30 days of
invoice date. Multiple software licenses cannot be returned for refund or
exchange unless first authorized by the manufacturer. 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.
Check payment policy Elite Partners, LLC will accept a cashiers check or money order on
all COD orders. Elite Partners, LLC will accept personal or business checks up to
$12,000, subject to verification. Elite Partners, LLC 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. Elite Partners, LLC
does not apply any surcharge for credit cards.
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