TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PURCHASING ANY
PRODUCTS FROM THIS SITE
This document sets forth the terms and conditions
(the “Terms”)
governing all agreements between a site user (“you” or “Buyer”)
and Casio Inc. (“Casio” or “Seller”) for the purchase
and sale of any of the products advertised for sale (the "Products")
on this web site (the “Site”). Your placement of an order is construed
as an offer to purchase Products, and indicates your assent to these Terms.
Casio’s acceptance of your offer to purchase Products is expressly made
conditional upon your assent to these Terms. Any terms proposed by you that
add to, vary from, or conflict with these Terms are hereby objected to and
shall be void. Casio reserves the right to make changes to this Site and these
Terms at any time. Your individual purchases will be governed by the Terms
that were posted on this page as of date you placed your order. If you do not
agree to these Terms, do not make any purchases of Products on this Site.
1. Price and Delivery. Casio online shopping, Products and prices are offered
to United States residents only. Price and delivery terms are FOB Casio shipping
origin. Upon Casio’s delivery of the Products to the carrier at the FOB
point, title and risk of loss and damage to the Products shall pass to the
Buyer. All prices are subject to change without notice. Casio reserves the
right to make adjustments to the price of all Products due to changing market
conditions, Product discontinuation, manufacturer price changes, errors in
advertisements and other extenuating circumstances. Prices for particular purchases
will be those in effect at the time of shipment. Casio may make delivery in
installments and receive payments for each installment. All delivery dates
are estimated. CASIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR OTHER DAMAGES FOR CASIO’S FAILURE TO FILL, OR DELAY
OR ERROR IN FILLING ANY ORDER, OR FOR ANY DELAY IN DELIVERY. Out of stock items
will be deleted from the order after confirmation from you. These items may
be placed on back order if requested.
2. Shipping Information. Casio ships
Products within the continental United States, Alaska, Hawaii, and Puerto
Rico. Casio cannot ship to a Post Office
box address, territories, addresses outside the United States or APO/FPO
addresses. Upon acceptance by Casio, orders for in-stock items will be shipped
the next
business day following the processing of the order. Orders will be shipped
via United Parcel Service; and Casio customers can choose to ship orders
by UPS 2nd Day Air or UPS Ground Service. A flat rate shipping charge applies
to all orders. For orders shipped UPS Ground Service please allow two (2)
to
eleven (11) business days for shipments to the Continental United States.
For Alaska and Hawaii, add two (2) to three (3) additional business days. For
all
other shipping methods, please allow two (2) to five (5) business days for
delivery within the United States. Please note, a signature is required on
all deliveries.
3. Payment, Taxes, and Duties. Casio accepts four
major credit cards for purchases made on the Site: American Express, Discover/Novus,
MasterCard,
and Visa. You
may also use debit cards sponsored by American Express, Discover/Novus,
MasterCard, and Visa. Cards not issued by a United States banking institution
will not
be accepted. For your protection, we always verify that your information
is correct. Therefore, we cannot accept credit cards from banks that do
not allow
address verification over the Internet. Please refer to your card holder
agreement for all rules and regulations pertaining to your card. Payment
will be debited
from your account immediately following notice of the dispatch of your
purchase. You confirm that the credit/debit card that is being used is yours.
Casio
will take all reasonable care to keep the details of your order and payment
secure,
but in the absence of negligence by Casio, Casio will not be held liable
for any loss you may suffer if a third party procures unauthorized access
to any
data you provide when accessing or ordering from the Site.
The price that is shown on the shopping cart is the
amount you will be charged, plus applicable sales tax and shipping charges.
State laws require companies
to collect sales tax from residents shipping merchandise to states where the
company transacts business. Casio collects state and local sales tax where
applicable. Where applicable, Buyer will provide Casio with an exemption certificate
in form and substance satisfactory to the relevant taxing authorities. If you
are tax exempt, please call 1-800-836-8580 to place your order. A copy of your
Consumer Certificate of Exemption needs to be faxed to Casio at 973-537-8934.
4.
Warranty and Remedy. Each Product is subject to the terms of the limited warranty
that is expressly stated on, packaged with, or accompanies the Product.
Unless otherwise provided in the applicable Product limited warranty, the Product
purchased on line is eligible for warranty service only within the United States.
For the warranty applicable to a specific Product, please visit Service & Support
on the Site and click on the specific Product for additional warranty and support
information. The software included with any Product is subject to the license
agreement that is part of the package. NO WARRANTIES ARE PROVIDED HEREIN IN
ADDITION TO ANY WARRANTIES THAT MAY APPLY TO A PARTICULAR PRODUCT, AND UNLESS
OTHERWISE SPECIFIED IN A WARRANTY FOR A PARTICULAR PRODUCT, ALL PRODUCTS ARE
SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY,
OR FITNESS FOR ANY PARTICULAR PURPOSE.
5. DISCLAIMER. IN NO EVENT SHALL CASIO
BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING
OUT OF ANY DEFECT OR FAILURE OF THE PRODUCTS, BREACH OF ANY EXPRESSED OR IMPLIED
WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY,
OR OTHERWISE, EVEN IF CASIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. Not withstanding any other provision hereof, in no event shall Casio’ total
liability relating to or in connection with any Products whether based on contract,
warranty, tort (including negligence), strict Product liability or otherwise,
exceed the actual amount paid to Casio by Buyer for the Product(s) giving rise
to the liability. In no event shall Casio be liable for the costs of procurement
of substitute good or services.
6. Remedy: In the event that a Product purchased
under these Terms fails to perform as warranted, Buyer’s exclusive remedy,
and Casio's sole liability therefore, shall be, at Casio's option, the repair
or replacement, of any defective
Product or return of the purchase price. A Product repaired or replaced under
warranty will be further warranted only for the remainder of the warranty period.
Repair parts and replacement Products will be either reconditioned or new.
If a Product is found not to be defective or the defect not covered by the
warranty, Buyer will be responsible for the reasonable and necessary costs
of Casio testing and repair at then current rates. Casio accepts no liability
with respect to any software or data contained in any Product or part returned
to Casio for repair or replacement. Buyer agrees that the disclaimers and liability
limitations contained in these Terms shall remain in effect even if an exclusive
remedy is determined to fail of its essential purpose.
7. Return Policy. Casio
Products come with a 30-Day Money Back Guarantee. If, for any reason, you are
not completely satisfied with your purchase, you may
return the Product within thirty (30) days to Casio and obtain a full refund
of the original purchase price of the merchandise, excluding shipping and handling
charges. This guarantee does not apply to software that has been opened unless
determined to be defective. Before returning a Product, you must first obtain
a return merchandise authorization (“RMA”) number from Casio. Buyer
may then return the Product, freight prepaid, in its original shipping container,
with the RMA clearly marked on the outside of the packaging. Buyer shall enclose
the complete accessories such as documentation, cables, and software. Buyer
shall bear the risk of loss or damage to the Product during such shipment.
Returns and replacements are also subject to these terms: 1) Shipping and handling
charges are not refundable; 2) You are responsible for all freight charges
involved in returning and replacing items; 3) Certain items, including, but
not limited to, all opened software, special order items, and items specifically
noted with 'NO RETURNS', cannot be returned; 4) Non-defective returns and refused
shipments are subject to a 5% restocking charge.
8. GENERAL.
a. Notices. Except as otherwise provided herein, all notices and other communications
hereunder shall be in writing or displayed electronically on the Site by Casio.
Notices shall be deemed to have been properly given: 1) on the date deposited
for postal mail; 2) on the date first made available, if displayed on the Site;
or 3) on the date received, if delivered in any other manner. Notices to you
may be sent to any of the addresses provided by you on any form on the Site.
Except as expressly directed otherwise by Casio herein or elsewhere on the
Site, notices to Casio should be sent to: Casio America, Inc., 570 Mt. Pleasant Avenue,
Dover, NJ, USA.
b. Force Majeure. Seller shall not be liable for any delay in performance directly
or indirectly caused by or resulting from acts of nature, fire, flood, accident,
riot, war, government intervention, embargoes, strikes, labor difficulties,
equipment failure, late deliveries by suppliers or other difficulties which
are beyond the control, and without the fault of Seller. Quantities are subject
to availability. In the event of production difficulties or Product shortages,
Seller may allocate sales and deliveries at its sole discretion.
c. Substitutions and Modifications. Seller reserves the right to substitute
or change materials, parts, Product specifications or functional attributes
at any time without notice. Seller also reserves the right to ship Product
in multiple boxes and/or shipments.
d. User Rights to Software. Any software included with the Product is protected
by copyright law and/or international treaty provisions. Rights relating to
a particular software program are listed in the license agreement document
provided by the owner(s) of the software that is included with the Product.
e. United States Government License Rights. United States Government license
rights in the Product(s) are limited to those mandatory rights identified in
DFARS 252.227-7015 (b).
f. Governing Law, Jurisdiction and Costs. This agreement is governed by the
laws of the State of New Jersey, without regard to its conflict or choice of
law provisions. Buyer acknowledges and agrees that New Jersey is an appropriate
place for venue of any litigation and that New Jersey courts have jurisdiction
over this agreement and Buyer. In the event the Buyer and Seller are unable
to resolve any dispute, and any collection action, suit or other judicial proceeding
is commenced, the prevailing party in any such collection action, suit or judicial
proceeding shall be entitled to recover its costs and reasonable attorneys'
fees incurred.
g. Assignment. Buyer may not assign its rights or obligations hereunder without
the express prior written consent of Seller.
h. Entire Agreement. These Terms constitute the entire agreement with regard
to purchases on the Site and expressly supersede and replace any prior or contemporaneous
agreements, whether written or oral, relating to said purchases, including
any terms and conditions on any of Buyer's documents or purchase orders. This
agreement shall be binding upon the heirs, successors and assigns of the parties
hereto.
i. The failure of Casio to enforce any provision hereof shall not constitute
or be construed as a waiver of such provision or of the right to enforce it
at a later time.
j. If any provision hereof is adjudged to be invalid, void, or unenforceable,
the parties agree that the remaining provisions hereof will not be affected
thereby, that the provision in question may be replaced by the lawful provision
that most nearly embodies the original intention of the parties, and that these
Terms for the Sites will in any event remain valid and enforceable.
Copyright © 2003-2007 CASIO AMERICA, INC. All rights reserved. CASIO AMERICA, INC., 570 Mt. Pleasant
Avenue, Dover, NJ, USA.