TERMS AND CONDITIONS AGREEMENT
THESE TERMS AND CONDITIONS (“AGREEMENT”) APPLY TO ALL TRANSACTIONS AND PURCHASES OF PRODUCTS AND SERVICES BETWEEN NOBLETEC LLC (“NOBLETEC”) AND NOBLETEC LLS’s CLIENTS (“CLIENT”). EXCEPTION WILL APPLY IF A SPECIFIC SEPARATE AGREEMENT WAS CREATED IN WHICH CASE THAT AGREEMENT WILL GOVERN THE RELATIONSHIP INSTEAD. You agree to accept the terms and conditions of this Agreement. NobleTec LLC reserves the right, at its sole discretion, to revise this Agreement periodically and without notice by posting the revised agreement on its website. The Agreement version posted on the web is the version that applies to transaction at the time of acceptance.
- Data Accuracy. NobleTec LLC is not responsible for typographical, pricing, display or any other errors in any data obtained directly from manufacturers, suppliers, and partners. Furthermore, availability of third-party product is subject to change without notice. NobleTec LLC reserves the right to cancel orders based on errors, discontinuation, or unavailability. NobleTec LLC reserves the right to cancel orders based on a significant cost change that exceeds 1% of the original cost of a product including, but not limited to, end of promotional period or general cost increase. NobleTec LLC reserves the right to cancel orders even if errors are detected after confirmation or correspondence was sent out.
- Payment and Pricing Terms. Prices are subject to change at any time before NobleTec LLC’s acceptance of your order. All orders are subject to NobleTec LLC’s credit approval. Payment terms are at NobleTec LLC’s sole discretion. You agree to pay the total purchase price for the products, plus tax and shipping, if applicable. Payments for invoices are due and payable within the time frame listed on the invoice and in the currency listed on the invoice. If currency is not listed or specified, currency should default to US dollars. You will be responsible for any costs incurred due to payment default, including, but not limited to, court costs, filing fees and attorneys’ fees. Furthermore, NobleTec LLC reserves the right to stop further business dealings until payment is received or alternative agreement is reached.
- Credits. Any credits issued to you by NobleTec LLC must be redeemed in a form of invoice credit or check payment within 2 years of origination date. If credits are not redeemed within a 2-year period, unapplied/unredeemed credits are deemed null and void.
- Taxes. You may provide NobleTec LLC a tax exemption certificate, which will be subject to review and acceptance by NobleTec LLC. Federal, state, and local sales excise and use taxes. All related taxes and duties are solely your responsibility.
- Delivery/Title/Risk of Loss. NobleTec LLC will exercise all necessary proceedings to fulfill requested delivery schedules. We cannot guarantee delivery by specific date we will not take responsibility for any loss or hardships that may be incurred as a result. NobleTec LLC reserves the right to make incremental deliveries. Delay in partial delivery does not allow cancelation of entire schedule unless agreed by an authorized NobleTec LLC representative. Title and risk of loss shall pass to you when product is delivered to your facility. Title to software product remains with the applicable licensor(s), and software delivery ensues when it is first made available by the manufacturer or NobleTec LLC for your use.
- Third Party Services. Some Services may be provided by third parties (“Third Party Services”). Third party shall be deemed the contracting party instead of NobleTec LLC when that type of transaction occurs. All responsibility for providing the services to you by a Third party, possible loss, claims, or damages associated with it falls entirely on third party. You agree to release NobleTec LLC from all claims associated with or arising from purchase or provision of any such Third Parties Services.
- Limited Warranty. NobleTec LLC will provide any manufacturer’s and/or publisher’s written warranties associated with third party products purchased from NobleTec LLC to you. Products provided, published or manufactured by Third parties and provide “as is”. NobleTec LLC is not liable for any claims related to Third party warranties.
- Limitations on Use and Liability. NobleTec LLC offers products that are not designed for use in life support, life sustaining, nuclear systems, or other systems that if fail might lead to injury or loss of life. If you are to use offered products for those applications, you are doing so at your sole discretion and own risk. NobleTec LLC will not be liable for any indirect or incidental damages or losses.
- Order Cancelation. You may cancel any order at no charge at any time prior to product shipment. If the order is custom, alterations were done to original product, or if item was designated as not returnable, you may incur restocking fees or your return will be denied. Cancellation of orders after shipment will be done in accordance with the return policies of the manufacturer, supplier, or publisher of the Product.
- Governing Law. Venue. Jurisdiction. THIS AGREEMENT IS GOVERNED BY THE APPLICABLE LAWS OF THE STATE OF ILLINOIS. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION, OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN DUPAGE COUNTY, ILLINOIS, AND YOU CONSENT TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED HERE. YOU AGREE TO WAIVE THE RIGHT TO CHANGE VENUE AND CONSENT TO THE JURISDICTION BY SUCH COURT WITH RESPECT TO ANY PROCEEDING.
- Intellectual Property. The contents, logo and other visual media created by NobleTec LLC is company property and is protected by copyright laws.
- Variation of Terms. NobleTec LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website. Certain areas of this Website are restricted from access by you and NobleTec LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
- Termination. By accepting these Terms and Conditions you understand that users’ accounts on this website and mobile application or users’ access to this website and mobile application can be terminated in case of abuses or at NobleTec LLC sole discretion.
- Miscellaneous. No portion of this Agreement may be modified, waived, or amended separate agreement was signed by both you and NobleTec LLC. If any portion of this Agreement is found by a court of able jurisdiction to be illegal, unenforceable, or invalid, all other portions will still hold.