Terms and Conditions
Legal
By accessing this Web Site, you agree to these terms and conditions, as modified or amended from time to time. Each time you access this Site, you reconfirm your agreement. If you do not agree to these terms and conditions, you may elect not to access this Site. This Agreement is effective upon your purchase of a product from Phonelady.
Information may be changed or updated without notice. Phonelady may also make improvements and/or changes in and to the products or the product mix described herein at any time without notice. Phonelady assumes no responsibility regarding the accuracy of the information that is supplied or provided by third parties governing products and/or programs described herein and use of such information is at the recipient's own risk. By furnishing information, Phonelady does not grant any licenses to any copyrights, patents or any other intellectual property rights.
Phonelady does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to Phonelady will be deemed NOT to be confidential. By sending Phonelady any information or material, you grant Phonelady an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials and/or information, and you also agree that Phonelady is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this website will be published or otherwise used with your name on it; or (c) we are required to do so by law.
IN NO EVENT WILL Phonelady BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL INFORMATION IS PROVIDED BY Phonelady ON AN "AS IS" BASIS ONLY. Phonelady PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT
Terms and Conditions of Website Usage
The following terms govern your purchase of products from Phonelady through our website. Please read them carefully. If you use this website to purchase products through our system, this will indicate your acceptance of the terms below.
Terms of website usage:
- You may view product information and your transactional history for your own purposes; however, any other use such as further publication, transmission or distribution is not permitted. Information contained herein is both private and confidential and proprietary trade secret data. Transactional records are updated daily or as needed depending upon activity and may change after viewing.
- We are not liable for any incidental or consequential damages related in any way to your use of this ordering website.
- We are not responsible for the accuracy, completeness, reliability, content or availability of any information you may access under this website.
- These rules and the following terms are the complete and exclusive agreement we have with you regarding your acquisition of products using this ordering website. We may modify the rules or terms of this website at any time without notice to you. If you return to this website and do not agree with any such modification, you must immediately terminate your use of this website. Continued use of this website will constitute your acceptance of any such modifications.
- You must be eighteen years of age or older to use this website to order products. You are responsible for restricting use of this website by persons under the age of eighteen.
- All final purchases are dependent upon product availability. Display of a product or a submitted and accepted order for a product does not guarantee order fulfillment. In the event a product goes out of stock prior to order receipt and processing, a product of similar or slightly higher technical specifications may, at our option, be provided as a replacement. Otherwise, we will contact you and advise you of a stock outage.
Copyright/Intellectual Property
This entire World Wide Web site is copyrighted under United States law and protected by worldwide copyright laws and treaty provisions. Users of the site MAY download or print one copy of any and all materials on the site for personal, non-commercial use, provided that they do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice. All material on this site is provided for lawful purposes only. None of the information on this site may be copied, distributed or transmitted in any way for commercial use without the express written consent of Phonelady. Phonelady reserves full ownership of and intellectual property rights in any materials downloaded from this site.
Cookies:
Access to Phonelady’s Web site requires the use of per session cookies by your Web browser. The cookie option in the browser must be set to “accept” or “prompt to accept cookies” in order to proceed.
Terms and Conditions of Sale
These terms govern the acquisition of products from Phonelady using our website and supersedes any prior oral or written communications the extent they conflict with terms and conditions stated herein. Prior written agreements to the extent not in conflict shall remain in effect
Payment; Taxes; and Shipping:
Payment by Phonelady customers may be by pre-approved credit arrangements, credit card or wire transfer. You are responsible for payment and must pay any taxes resulting from this Agreement. You are also responsible for selecting the method of shipment and for all shipping charges.
Title and Risk of Loss:
Title transfers to you when Phonelady ships the product. You bear the risk of loss for the product once the product is shipped from the Phonelady location.
Warranty; Disclaimers; Limitation of Remedies:
Phonelady represents and warrants that upon the sale of a product to you, Phonelady will be the lawful owner thereof, free and clear of any liens and encumbrances (other than those which may arise from this Agreement) and will have full right, power, and authority to sell, deliver or provide the same to you.
New Products:
Products sold under this Agreement carry the original equipment manufacturers (“OEM”) standard new product warranty and are warranted to be free from defects in material and workmanship and to operate in accordance with the standard specifications or documentation accompanying each product. If a product fails to operate during the warranty period, consult the warranty page of the web site for details and instructions.
This warranty does not cover repair for damages to products or product components or malfunctions caused by: (i) misuse, neglect, power failures or surges, lightning, fire, flood or accident; (i) use of products or facilities supplied by others; (iii) failure to follow installation, operation or maintenance instructions.
THE EXPRESS WARRANTIES HEREIN CONTAINED ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH Phonelady DISCLAIMS AND ARE EXCLUDED. Phonelady SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING SPECIAL AND INCIDENTAL OR CONSEQUENTIAL DAMAGES, NETWORK DOWNTIME, INTERRUPTION OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH PERFORMANCE OF THE PRODUCTS OR USE BY YOU. Phonelady DOES NOT WARRANT ERROR FREE OPERATION OF THE PRODUCTS OR SERVICES PROVIDED HEREIN. Phonelady MAKES NO EXPRESS WARRANTY THAT THE PRODUCTS ARE IMMUNE FROM OR WILL PREVENT FRAUDULENT INTRUSION OR WILL PREVENT UNAUTHORIZED USE. Phonelady WILL NOT BE RESPONSIBLE FOR UNAUTHORIZED USE (OR CHARGES FOR SUCH USE) OF COMMON CARRIER TELECOMMUNICATIONS SERVICES OR FACILITIES ACCESSED THROUGH OR CONNECTED TO THE PRODUCTS (TOLL FRAUD).
If the products are used or support Telephony over Transmission Control Protocol/Internet Protocol (TCP/IP) facilities, you may experience certain compromises in performance, reliability and security even when the products perform as warranted. YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THESE RISKS AND THAT YOU HAVE DETERMINED THEY ARE ACCEPTABLE FOR YOUR APPLICATION OF THE PRODUCTS. UNLESS OTHERWISE AGREED IN THIS AGREEMENT, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR NETWORKS AND SYSTEMS ARE ADEQUATELY SECURED AGAINST UNAUTHORIZED INTRUSION.
Used Products:
Used products are warranted to meet industry standard product specifications for one year from the date of sale to the original Phonelady purchaser unless specified otherwise in writing.
Cancellation and Returns:
An order may be cancelled at any time prior to shipment without incurring cancellation charges unless an order cancellation charge was quoted in advance or an item as quoted an non-returnable or non-cancellable. A restocking and packaging charge of 15% shall be assessed against all returned products. Customer shall bear shipping charges for all cancellations. Product cannot be returned and will not be accepted without a return authorization number (“RMA#”). Please use Phonelady’s Return Request Form to obtain an RMA#.
Limitation of Liability:
Phonelady’s liability for any claims (excluding death and bodily injury) whether based in contract or tort, including negligence, whether in law or equity, for any loss or damages arising or resulting from, or connected with the products or your purchase of the products hereunder, shall be limited to the actual amount of such loss or damages, up to the greater of $5,000 or the price paid by you for the product that is the subject of the claim. In no event will Phonelady be liable for any special, incidental, economic or consequential damages or damages to data or records, including lost profit or revenue, even if Phonelady were informed of the possibility of such damages, or for third party claims against you or us for such damages. You may have additional rights under certain laws (such as consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, Phonelady's exclusions or limitations may not apply to you. Phonelady will pass through to you any patent and copyright indemnity which may be applicable to the products you purchase. If you are a broker/reseller, Phonelady makes no representations or warranties whatsoever to your customer end-user.
Other:
These products will be provided to you in the United States only, and these prices and terms likewise are only valid for transactions in the United States and Puerto Rico. Warranties and other rights may not be available if products are purchased for use outside of the United States and Puerto Rico. Please retain a copy of your shipping label to establish proof of purchase. Neither you nor Phonelady will bring a legal action arising from this Agreement more than two years after the cause of action arose. You may not assign, or otherwise transfer, this Agreement without prior written consent. Any attempt to do so is void. You will comply with all applicable government export laws and regulations including those which apply to export of data. All your rights and all of Phonelady’s obligations are valid only in the United States and Puerto Rico. The laws of the State of Massachusetts govern this Agreement.
Product Availability Support:
Phonelady provides access to product information on an international basis as a result of making such information available on the World Wide Web. Phonelady makes no representation that such products are or may be lawfully exported from the United States and Puerto Rico or that OEM support is available in the United States and Puerto Rico.
