Sale of Goods Agreement
This Sale of Goods Agreement (“Agreement”) is a legal contract between you (referred to in this Agreement as either “you” or “Buyer”) and Neva Services & Consulting LLC, a Texas company (referred to in this Agreement as “we” or “Seller”) (collectively referred to as the “Parties”).
IMPORTANT - PLEASE READ - CAUTION:
The Parties agree as follows:
1. SALE OF GOODS: Seller agrees to sell and deliver to Buyer, and Buyer agrees to buy the goods listed in the Shopping Cart during Checkout (the “Goods”).
2. PURCHASE PRICE: Buyer agrees to pay Seller the Total amount listed in the Shopping Cart during Checkout (the “Purchase Price”) using one of the accepted Payment Methods listed during Checkout.
4. SELLER’S REPRESENTATIONS: Seller represents and warrants that he/she has the right to sell the Goods as provided in this Agreement. Furthermore, the Seller warrants that the Goods are free, now and at the time of delivery, from any security interest, liens, outstanding titles, claims or any other outstanding encumbrances.
5. LIMITATION OF LIABILITY: In no event shall Seller be liable for any special, indirect, incidental or consequential damages arising out of or connected with this Agreement or the Goods, regardless of whether a claim is based on contract, tort, strict liability or otherwise, nor shall Buyer’s damages exceed the amount of the purchase price of the Goods. This clause shall be broadly interpreted in favor of the Seller.
6. REFUND POLICY: IPTV subscriptions are non-refundable, all sales are final. Original shipping & handling fees are non-refundable. Buyer shall have the right to return the Goods to Seller within 14 days immediately following the date the Goods are delivered to Buyer (the “Grace Period”). Buyer must first inform Seller of his/her intention to return the Goods to Seller by telephone at 972-591-3462, by e-mail to email@example.com or by mail to 1505 Rosewood Ln, Allen, TX 75002. Buyer must ship the Goods to Seller at Buyer’s expense using delivery service, which provides tracking, such as UPS or FedEx. The Goods must contain all original accessories, including power supplies, remote controls, antennas, cables, manuals and original retail boxes. Any of the Goods showing signs of physical or liquid damage or any other signs of abuse or misuse shall not be covered by this Refund Policy, and Buyer shall not be refunded for such Goods. Upon receipt of the Goods from Buyer, Seller shall issue Buyer a refund of the Purchase Price less any IPTV subscription fees less any original shipping & handling fees less 15% Restocking Fee. The refund shall be issued in form of a check payable to Buyer. Any refund shall only be issued after the original payment from Buyer has cleared. After the Grace Period, no returns shall be accepted, and no refunds shall be given.
7. MANUFACTURER’S LIMITED WARRANTY: This Limited Warranty only applies to IPTV receivers listed in the Shopping Cart during Checkout, if any, and their accessories. IPTV Receivers are covered by 1-year Limited Manufacturer Warranty. The Manufacturer warrants to the original owner-user that this product will be free from defects in material or workmanship. This warranty is limited to one (1) year from the date the Goods are delivered to Buyer. This warranty does not cover consumable type items, such as batteries. Manufacturer’s sole obligation under said warranty is to repair, or at its option, replace the defective part. The buyer shall have no other remedy. All special, incidental and consequential damages are excluded. The warranty shall be voided by alterations of the product, improper installation or maintenance, accident or misuse. This warranty is for the owner of record and is non-transferable. Seller’s sole obligation under said warranty is to facilitate the warranty repair or replacement of the defective part with the Manufacturer. Any repair or replacement pursuant to this limited warranty shall be requested by contacting Seller by mail to 1505 Rosewood Ln, Allen, TX 75002, by e-mail to firstname.lastname@example.org, or by telephone at 972-591-3462. Buyer must ship the defective part to Seller at Buyer’s expense using delivery service, which provides tracking, such as UPS or FedEx. The repaired or replacement part will be shipped to Buyer at Seller’s expense.
8. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
9. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and their heirs, legal representatives, successors and permitted assigns.
10. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and any dispute under this Agreement must be brought in this venue and no other.
11. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
12. CUMULATIVE RIGHTS: Buyer’s and Seller’s rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
13. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.