Before entering an order to purchase
products, please read this Agreement carefully.
Be sure to retain your sales
invoice/receipt for warranty/tech support claims and/or future
upgrade/update purchases.
Unless
otherwise agreed in writing by iNav Corporation, all sales and charges
for the goods described herein shall be subject to the terms and
conditions set forth herein and the said terms and conditions shall be
the sole and exclusive terms and conditions applicable to any such
sales. iNav Corporation will not be bound by any terms and conditions
proposed by Buyer in its purchase order or otherwise, which are
additional to or different from the terms and conditions set forth
hereto.
1.
Prices and Payments.
(a) Prices. All prices set forth on
this Web
Site are retail prices for enduser ("Buyer"). Such prices are subject
to change at any time without notice in the sole discretion of iNav
Corporation. Prices do not include taxes, customs, or delivery/handling
costs, which shall be charged to and listed separately for Buyer in
addition to the other fees charged hereunder. All charges shall be sole
responsibility of Buyer.
(b) Sales Taxes. iNav Corporation is
required to charge applicable state and local tax on every item for
which a sales tax exemption certificate has not been provided. When
ordering please indicate clearly which items are tax exempt. All taxes
and/or customs shall be sold responsibility of Buyer.
(c) Payment Terms. All terms of
payment set
forth herein are subject to the approval of iNav Corporation's
accounting department. No discounts are allowed on taxes or
shipping/handling charges. All online payments must be pre-paid using
either Visa, MasterCard, or American Express. iNav Corporation reserves
the right to decline any orders where credit card bill-to address is
different from ship-to address. iNav Corporation may also decline any
orders when deemed necessary to minimize potential fraudulent
transactions.
(d) Delivery Costs. Delivery costs
(using a
carrier of our choice) will be charged for shipments to the location
the Buyer designates at the time of his/her purchase. Other terms may
apply to locations outside the contiguous United States, such as
Alaska, Hawaii and Canada, or outside of N. America. Any extra charges
incurred for additional services such as special handling by the
carrier, must be paid by Buyer. Title and risk of loss pass to you upon
tender of shipment to the carrier. If Products are damaged in transit,
you must file a claim with the carrier per their terms and conditions.
(e) Shipping Dates. Shipping dates
specified
herein or otherwise communicatedto Buyer are approximate only. INav
Corporation does not and shall not guarantee any such dates.
2.
Warranty & Disclaimer.
All hardware products (receivers and
cables)
will carry Manufacturer's Factory Warranty, commencing on the date of
shipment to Buyer. Currently, this warranty period is one-year for
similar replacement or repair, which is at sole discretion of
Manufacturer, and does not include any damage caused by Buyer or from
abnormal use. For iGuidance software, warranty term is as specified in
Enduser License Agreement, which is 90 days from date of order for disk
media replacement if media itself is found defective. IN NO EVENT SHALL
iNAV CORPORATION BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL AND/OR EXEMPLARY DAMAGES IN CONNECTION WITH THE
PRODUCTS SOLD TO BUYER VIA THIS SITE, REGARDLESS OF WHETHER SUCH
DAMAGES ARISE OUT OF THE NEGLIGENCE OR OTHER FAULT OF iNAV CORPORATION
AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON TORT, CONTRACT,
STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION. IN THE EVENT OF ANY
CLAIM BY BUYER, iNAV CORPORATION'S LIABILITY SHALL BE LIMITED TO
REPLACEMENT OF THE PRODUCTS THAT ARE THE SUBJECT OF SUCH CLAIM, OR, IF
CIRCUMSTANCES WOULD CAUSE THIS REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE,
REFUND OF THE COST OF SUCH PRODUCTS TO BUYER, IN EITHER EVENT UPON
RETURN OF ANY SUCH PRODUCTS. BY PURCHASING PRODUCTS VIA THIS SITE, YOU
ACKNOWLEDGE THAT REPLACEMENT OR REFUND ARE YOUR SOLE AND EXCLUSIVE
REMEDIES.
3.
Cancellation/Returns/Replacements.
Any orders placed by BUYER via the Web
Site
can only be cancelled prior to shipment. Any refused and/or returned
packages will be subject to 15% restocking fee. Shipping and handling
charges are non-refundable. Any cancellation must be approved by iNav
Corporation. All iGuidance software sales are final
and thus non-refundable.
Any exception to this software policy is at iNav Corporation's
discretion. Products can not be returned to iNav Corporation without
iNav Corporation's consent and Return Merchandise Authorization (RMA)
number. Any claims for damaged or incomplete shipment must be made
within 48 hours of receipt by phone (949.623.8559) or by email to sales@inavcorp.com,
and will only be replaced with the same title.
4.
Modification of Terms.
INav Corporation's acceptance of any
order
is subject to Buyer's assent to all of the terms and conditions set
forth in this Agreement. Buyer's assent to these terms and conditions
shall be presumed from its placement of an order via this Web Site,
receipt of iNav Corporation's invoice, or acceptance of all or any part
of the goods ordered. No addition or modification of terms and
conditions shall be binding upon iNav Corporation unless agreed to by
iNav Corporation in writing.
5.
Complete Sales Agreement.
The terms and conditions contained in
this
Sales Agreement are incorporated herein by reference, and constitute
the entire and exclusive sales agreement between Buyer and iNav
Corporation.
6.
No Third Party Benefit.
The provisions stated above are for
the sole
benefit of the parties hereto, and confer no rights, benefits or claims
upon any person or entity not a party hereto.
7.
General.
(a) Governing Law, Jurisdiction and
Venue.
This Agreement shall be interpreted and construed under the laws of the
State of California without regard to its conflicts of law principles.
Any judicial action or proceeding related to this Agreement must be
brought in the courts of the State of California Orange County or the
United States District Court for California. You consent to the
jurisdiction of such courts, agree to accept service of process by
mail, and hereby waive all jurisdictional and venue defenses otherwise
available to you.
(b) Miscellaneous. If any provision of
this
Agreement is held by a court of competent jurisdiction to be invalid or
unenforceable, then such provision shall be enforced to the maximum
extent permissible so as to effect the intent of this Agreement, and
the remainder of the Agreement shall remain in full force and effect.
The section headings in this Agreement are for the convenience of the
parties only, and shall have no substantive meaning and shall not be
used to construe or interpret any provision of this Agreement. Failure
to insist on strict performance of any of the terms and conditions of
this Agreement will not operate as a waiver of any subsequent default
or failure of performance.