Mobile Pro Store Policies, Terms and Conditions of Site and Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This agreement contains the policies and Terms and Conditions that apply to orders and purchases from the Mobile Pro Online Store ("Mobile Pro") that will be provided to you ("Customer") on all orders and purchases of products ("Products") and systems ("Systems"). This is a binding agreement. By placing an order with Mobile Pro, Customer agrees to abide by these policies and Terms and Conditions. This agreement also contains the policies, terms and conditions of the Mobile Pro website ("Site"). By accessing this Site, you accept these policies and Terms and Conditions.
1. PRICING AND PRODUCT POLICIES
Mobile Pro Products are factory sealed and come with manufacturer warranties, if any. Mobile Pro does not sell refurbished Products. Mobile Pro is not responsible for any compatibility issues. Consult with Mobile Pro or manufacturer before placing an order. Images on Site may not always represent the exact Product(s). Mobile Pro holds the right to change prices or discontinue Products at any time without prior notice in order to remain competitive. Mobile Pro does not adjust pricing after an order has been placed. Mobile Pro does not price match. Any quotations given by Mobile Pro will be valid for the period stated on the quotation.
2. PAYMENT POLICY AND TAXES
Mobile Pro accepts the following payment methods: Visa, MasterCard, Discover, American Express and PayPal. We do not accept International Credit Cards or Cash On Delivery (C.O.D.) orders. For corporate, system integrator, and government & education customers, Mobile Pro may accept and process Purchase Orders. However, we do not offer terms and we require payment in full before goods are shipped. Please email your PO to firstname.lastname@example.org. We will then send an invoice and payment option information. Mobile Pro accepts wire transfers on orders over $1000. Customer is responsible for any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. Due to a warehouse presence in the state of California, Mobile Pro Store is required to levy CA state sales tax on orders delivered within the state. Canadian Customers: Orders are subject to customs duties and/or brokerage fees.
3. SHIPPING POLICY
Mobile Pro Mobile Pro will ship anywhere in the US and Canada. With the exception of AFO/APO addresses, we do not ship internationally. Product orders placed before 12PM Pacific Time usually ship the same business day, but this is not guaranteed. System orders require three to five business days for building and testing. Orders can be delayed because of payment, billing or shipping verification in order to prevent fraudulent credit card transactions. Shipping closes at 4PM Pacific Time. Orders are shipped from Waterbury, Vermont by UPS, except AFO/APO orders, which ship by USPS. Tracking numbers will automatically be sent to the Customer when the order has shipped. Mobile Pro does not process or ship orders on weekends or National holidays. Delivery times are not guaranteed. Mobile Pro reserves the right to use an alternative shipping method due to weight restrictions. Shipping charges are non-refundable. Products purchased or received under these Terms and Conditions are subject to export laws and regulations of the United States of America. Title to products passes from Mobile Pro to customer on shipment. Title to software will remain with the applicable licensor(s).
4. BACKORDER POLICY
Products marked "Out of Stock" or "Expected" on Site can still be ordered. Credit card charges will not occur until the order is scheduled to ship. Backorders may be cancelled at anytime prior to shipment. In the event that an item ordered is out of stock, Mobile Pro will notify Customer and provide updates as necessary. Availability of out of stock items is completely dependent upon the manufacturer. Mobile Pro has no control over manufacturer shipments or shipment delays. All ETA’s are determined by the manufacturer. Mobile Pro will not split orders.
5. ORDER CHANGING OR CANCELLING POLICIES
All changes or cancellations must occur before the order is processed by the Mobile Pro accounting department. Cancellation requests after this time result in a cancellation fee of 5% on Products and 15% on Systems (excludes any tax charged). Special orders and volume orders of 10 or more units can not be cancelled. Customers may request to make a change to or cancel their order by contacting Mobile Pro during business hours. Changes may be processed to orders as long as the total does not exceed the value of the original order. If the total is higher, a new order needs to be placed and the old order will be cancelled. In this case, contact Mobile Pro for details.
6. RETURN, EXCHANGE AND REFUND POLICIES
The following Products and Systems are non-refundable, non-returnable and non-exchangeable:
0. Products or Systems that fall outside of the manufactures return policies
0. Products or Systems that have been activated on a carriers plan
0. Products or Systems that are defaced, modified, or physically damaged
0. Software, including Software in Systems
0. Products or Systems that have become non-functional due to user error or virus
0. Products or Systems that have the warranty label/mark removed by Customer and therefore cannot be identified as Mobile Pro Products or Systems
0. Retail boxed items returned without the original retail box, manual, driver CD and/or cables
0. Special Orders (Products specially ordered for the customer, including non-standard products)
0. Volume Custom Orders, including custom systems
In the event of a system return or a system order cancellation we charge a 15% restocking fee. All special orders are final. Claims that the Product did not arrive must be made within 14 business days after "item shipped" notification. Claims that the Product was damaged upon arrival, shortage, or incorrect product claims, at the fault of Mobile Pro or shipping company, must be made within 14 business days of shipment. Incorrectly ordered or unwanted Products may be returned to Mobile Pro for a refund or exchange, provided Mobile Pro is notified within 14 business days of the ship date. No returns will be accepted without an issued Return Merchandise Authorization (RMA) number. Unauthorized returns will be refused and returned to sender. Contact Mobile Pro for RMA number and include this number on return package. RMA numbers are good for 14 days. If a Product or System appears to be defective, read Warranties section and contact Mobile Pro technical support email@example.com. A Mobile Pro technician will discuss the defect and repair/replacement/refund options within warranties. The Customer is responsible for the cost of shipping the return Products to Mobile Pro. All returns will be evaluated by a Mobile Pro technician before a replacement or refund is issued. Mobile Pro charges a 15% restocking fee on all built Systems. Mobile Pro will use UPS Ground shipping when sending replacement Products and Systems. Shipping is non-refundable. Prior to sending in computer systems, bare bones products, or hard disk drives for repair, customers should back-up all valuable data.
All Systems built to order by Mobile Pro are covered under a one-year limited warranty. If notified within one year of the ship date, Mobile Pro will arrange an RMA and – provided the warranty has not been voided—will repair your System. A Mobile Pro technician will test all returned Systems. The warranty will be void if there is evidence of damage, misuse, or modification by the customer. All Products (components) sold by Mobile Pro are covered under a one year limited warranty. The warranty will be void if there is evidence of damage, misuse, or modification by the customer. If notified within 30 days of the ship date, Mobile Pro will arrange an RMA and – provided the warranty has not been voided—will exchange your item. Unless otherwise stated on the Product page, a one-year manufacturer’s warranty applies to all Products. After the 30 day period, customers can either return the product directly to Mobile Pro or, depending upon the item, return the product to the manufacturer directly. After the 30 day period, Mobile Pro will return the product to manufacturer or vendor for repair or replacement. The warranty does not extend to the following: close-out items, software, and items shipped outside of the United States. The above warranty is exclusive of other warranties, express or implied. When items returned to us as faulty are found to be working, the cost of shipping back to the customer will be charged to the customer.
Customers can log into their Mobile Pro account at any time to obtain their order status. All online transactions through Mobile Pro are processed through our secure server and encrypted with 128-bit technology. Credit card Payments are processed in real time through our payment gateway. Every order is examined by a Mobile Pro employee to protect Mobile Pro and its Customers from fraudulent transactions. Mobile Pro does not retain credit card information. Mobile Pro will never share, sell or rent your personal information. Information provided is used solely for the fulfillment of your order and possible promotional notifications from Mobile Pro. The Mobile Pro Newsletter provides Customers with product updates, promotions, etc. Customers may unsubscribe at any time.
Mobile Pro holds the right to accept, decline, refuse or cancel an order for any reason. Receipt of an electronic confirmation does not signify Mobile Pro’s acceptance of order or confirmation of Mobile Pro’s offer to sell. Terms of payment are at the discretion of Mobile Pro. In the event of incorrect pricing or information due to typographical error, Mobile Pro can refuse or cancel the order. In this case, a refund will be issued immediately. Mobile Pro reserves the right to make exceptions to these terms and conditions.
10. SITE LINKS AND TRADEMARKS
This Site may contain links to other sites on the Internet that are owned and operated by third parties. Mobile Pro is not responsible for the operation of or content located on or through any such site. All product names throughout this Site are trademarks or registered trademarks of their respective holders. All product names and company logos mentioned herein remain the trademarks of their respective owners. 11. NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, or logos owned by Mobile Pro or any third party.
12. LIMITATION OF LIABILITY
Mobile Pro Mobile Pro shall not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of possibility of such damages, or for any claim by any third party except as expressly provided herein. Mobile Pro shall not be liable for Products, Systems or services not being available for use or for lost or corrupted data or software. You agree that for any liability related to the purchase of Product, Systems or services, Mobile Pro is not liable or responsible for any amount of damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.
13. JURISDICTION AND VENUE
Customer agrees that any legal action brought against Mobile Pro shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Mobile Pro Site shall be an appropriate federal or state court located in California.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Condition to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
Mobile Pro may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions; (b) modify the Site and/or the Products; and (c) discontinue the Site and/or Products at any time. Mobile Pro shall post any revision to these Terms and Conditions to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and Conditions and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revisions, you shall abide by any such revisions.
You agree to indemnify Mobile Pro for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Mobile Pro, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions, or your infringement, infringement by any other user of your account, or any intellectual property or other right of any person or entity. Mobile Pro will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.
All contents of Site, Products, or Systems other than those owned by Sierra Wireless, Inc. and other manufacturers are: Copyright 2004-2010 Mobile Pro. All rights reserved.
SIERRA WIRELESS, AIRLINK, WILSON, LAIRD, DIGITAL ANTENNA, CYFRE, ANTENNA PLUS, are trademarks of their respective owners, and are used with permission.