Order, Acceptance, and
Service
The order submitted by customer creates a legally binding
contract between customer and Omnetix Corp. when Omnetix Corp.
provides the services or parts requested in the order. Such contract
consists of the order, products, and services as indicated
through the web site. Omnetix Corp. reserves the right to refuse
fullfillment of an order for any reason or no reason. Omnetix
Corp. will assess the risk of fraud from each order placed through
its web site and determine whether the risk is too high to
fulfill any particular order. If Omnetix Corp. deems necessary
to cancel an order the customer will be notified by means of
customer e-mail address and no transfer of funds will occur between
customer's credit card account and Omnetix Corp.
Fees, Taxes, and Payments
Omnetix Corp. will provide, and Customer will
purchase and pay for, the service fees specified in the Order
and the applicable Service Description (the “Service
Fees”). The Customer is responsible for payment of the
fees in connection with the displayed product cost, any applicable
taxes shown through the web site, and all shipping costs in
connection with the order. By placing an order through the Omnetix
web site customer warrants that the billing information used,
including the credit card information, is free of fraud, and
that customer is the sole individual with the power to authorize
purchases by use of credit card presented on the web site during
check out. Transfer of funds from customer credit card will occur
when products are shipped to customer's billing address.
If for whatever reason your credit card is declined for capture
of funds after products have shipped, you are solely responsible
for provisioning immediate payment by use of another credit
card or by mailing a check in the total amount of the purchase
overnight to Omnetix Corp. Accounts that are not collectable
by Omnetix Corp. may be turned over to an outside collection
agency for collection. If your account is turned over for collection
you agree to pay Omnetix Corp. an administrative fee of US$
150.00 in connection with the collection of a past due payment.
A past due payment is a payment that cannot be collected by
Omnetix for whatever reason after products have shipped to
customer's billing address.
Refunds and Disputes
All payments to Omnetix Corp. are not refundable with one
exception of when the product is returned by customer by following
the RMA Request and the RMA policy strictly and Omnetix Corp,
at its sole discretion, deems that the product cannot be replaced
or repaired, then and only in this exception a refund will be
issued to the customer's credit card in the amount of the product
returned and applicable taxes on the product. All overcharges
and disputes must be reported within 30 days of occurrence. If
you dispute the charge with your credit card issuer (chargeback),
and Omnetix Corp. deems at its sole discretion that the charge
was valid and that products have been shipped to customer's billing
address, customer agrees to pay Omnetix a US$75.00 administration
fee to handle the charge back and provide proper documentation
on the validity of the charge to the credit card issuer. A $75.00
charge will appear on Customer's credit card for the handling
of the customer initiated charge back. If you have disputed a
charge and received products from Omnetix Corp. it is your sole
responsibility to ship items back to Omnetix Corp. within 30
days. Failure to ship the items back to Omnetix as a result of
a dispute will result on your acceptance of the purchase and
therefore the amount of purchase, including shipping costs and
taxes, shall be charged to your credit card.
Technical Support
Unfortunately Omnetix Corp. cannot provide technical support
for the products it sells through its web site, with the exception
of Omx Systems which are assembled and tested by Omnetix Corp.
prior to shipment. If you should require technical support
with installation, use of product, or maintenance please contact
the manufacturer for that product directly. The phone number
may be found on the packaging or instruction manual for the
product.
Returns
Customer is responsible for abiding by the RMA Request and
RMA Return policies. If Omnetix Corp. receives a return within
the 30 days return period from the time of purchase and the product
or product packaging or shipping container fails inspection,
the return will be refused and the product will be returned to
the customer at customer's cost. The cost of shipping the product
back to the customer will be charged to the customer's credit
card. Omnetix Corp. reserves the right, at its sole discretion,
to repair, replace, exchange, or refund the customer for any
returned products that pass inspection and are deemed to be defective.
Delivery Title and Risk of Costs
Omnetix Corp. shall in no event be liable for any direct,
indirect, special, consequential or any other damages caused
to customer
due to a delay in, failure of, errors in, or damage during
the shipments of these goods. Unless otherwise agreed in writing,
delivery shall be complete upon the transfer of possession
to a common carrier, F.O.B. Omnetix Corp. warehouse, wherein
all risk of loss or damage or destruction shall pass to the
Buyer.
Unless otherwise agreed to in writing, title shall remain with
Seller until all payments hereunder have been made.
Pricing Information and Pictures
Omnetix Corp. provides you with a web site to view our current
product offerings and pricing information. Policies, pricing,
pictures, and item availability are subject to change without
notification at any time. Omnetix Corp. reserves the right
to limit quantities of product(s) sold through its web site.
Images and pictures are shown for representative purposes only.
The images depicted are not necessarily photos of the actual
product, however we strive to the best of our abilities to
represent products to our customer's in good faith that are
similar to the product viewed in the event an image of the
actual product is not available. Omnetix Corp. is not responsible
for typographical errors found in its web site in any description
of any product or through the pricing information. Prices on
the Omnetix PC web site are subject to final approval at the
time of order fulfillment.
Limitation of Liability
In no event will Omnetix Corp.’s liability in connection
with the Services, Products, ANY SOFTWARE PROVIDED HEREUNDER
or ANY ORDER, whether caused by failure to deliver, non-performance,
defects, breach of warranty or otherwise, exceed THE aggregate
Service Fees or Product fees paid to Omnetix Corp. by Customer
during the 12-month period immediately preceding the event
giving rise to such liability.
Omnetix Corp. cannot guarantee continuous service, service
at any particular time, integrity of data, information or content
stored or transmitted via the Internet. Omnetix Corp. will
not be liable for any unauthorized access to, or ANY corruption,
erasure, theft, destruction, alteration or inadvertent disclosure
of, data, information or content transmitted, received or stored
on its system.
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL be
liable in any way to THE OTHER PARTY OR ANY OTHER PERSON for
any lost profits or revenues, LOSS OF USE, LOSS OF DATA OR
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES
or similar economic loss, or for any PUNITIVE, INDIRECT, SPECIAL,
INCIDENTAL, consequential OR SIMILAR damages OF ANY NATURE,
WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT
HEREUNDER, arising out of or in connection with the performance
or non-performance of ANY ORDER, OR (EXCEPT AS PROVIDED IN
SECTIONs 11 AND 12) FOR ANY CLAIM AGAINST THE OTHER PARTY BY
A THIRD PARTY, REGARDLESS OF WHETHER it HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
Indemnification of Company.
Customer shall defend, indemnify and hold harmless Omnetix
Corp., its affiliates and their respective present, former
and future officers, directors, employees and agents, and their
respective heirs, legal representatives, successors and assigns
(collectively the “Company Indemnitees”), from
and against any and all losses, damages, costs, liabilities
and expenses (including, without limitation, amounts paid in
settlement and reasonable attorneys’ fees) which any
of Omnetix Corp. Indemnitees may suffer, incur or sustain resulting
from or arising out of (i) Customer’s breach of any representation,
warranty, or covenant contained in the Agreement, (ii) the
Customer Content, the Customer Web site or any End User’s
use of the Customer Content or the Customer Web site, (iii)
violation by Customer or any of its officers, directors, employees
or agents of the Acceptable Use Policy or any applicable law,
(iv) claims or actions of third parties alleging misappropriation
of trade secrets or infringement of patents, copyrights, trademarks
or other intellectual property rights arising from the use,
display or publication of Customer’s domain names, the
Customer Web site, the Customer Content, or the use of the
Services in combination with hardware, software or content
not provided by Omnetix Corp., (v) claims or actions by third
parties relating to or arising out of Customer’s use
of the Services, and (vi) any failure of the Customer Content
or any aspect of the Customer Web site to be compatible with
the hardware or software used by Omnetix Corp. to provide the
Services, including any damage to Omnetix Corp.’s servers
or other hardware caused thereby.
Trademarks
All product names and company logos mentioned herein remain
the trademarks of their respective owners. Copyright 2003 Omnetix
Corp. All rights reserved. Published by Omnetix Corp.. All
product names throughout this site are trademarks or registered
trademarks of their respective holders.
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