Terms of Sale

 

 

 

Terms of Sale

 

 

Last Updated: September 6, 2016

 

Please read these Terms of Sale (the “Terms”) carefully. Your submittal of any purchase order to Group Mobile Int’l LLC (“Group Mobile”) indicates acceptance of these terms and conditions. Except where indicated otherwise, these terms and conditions shall supersede any subsequent terms or conditions included with any purchase order. Group Mobile reserves the right to make changes to this site and these terms and conditions at any time. In the event that there is any conflict or inconsistency between these Terms of Sale and any other terms of use that appear on the Group Mobile website (the “Website”), these Terms of Sale will govern.

 

1. Your Account

 

When you make a purchase from the Website, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.

 

2. Acceptance of Order

 

Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.

 

3. Pricing and Availability

 

All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

 

4. Payment Terms

 

Group Mobile currently accepts Visa, MasterCard, American Express, and Discover as forms of payment. By submitting your order and selecting to use a credit card as a form of payment, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled automatically.

 

As an alternative, Group Mobile, in its sole discretion, reserves the right to extend “Net 30 Day” payment terms to you, based on Group Mobile’s evaluation of your creditworthiness. Group Mobile further reserves the right, in its sole discretion to request partial payment from you, prior to processing your order.

 

 

 

5. Shipping Terms and Policies

 

For orders placed on the Website totaling in excess of $99.99, we offer free FedEx ground shipping. For all other orders, shipping charges are your responsibility, unless agreed to otherwise by the parties. Shipping charges will be included on your invoice. Shipping charges are subject to change without notice.

 

All orders are shipped FOB delivery. Title and risk of loss to products passes from Group Mobile to you upon delivery. We use professional shipping companies to deliver products to you, and are not responsible for any shipping delays or problems once the product has been shipped.

 

6. Back Orders

 

If, for any reason, an item on your order is temporarily out of stock, we will endeavor to back order that item for you. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.

 

7. Return Policy – all sales final

 

All sales are final, except where otherwise agreed upon by you and Group Mobile. Should Group Mobile, in its sole discretion, allow you to return an item, the following return policy applies for that return:

 

  1. In order for Group Mobile to approve any product return, the product must be unopened and in its original packaging. Group Mobile will not accept "open box" returns.

 

  1. As Group Mobile sells primarily specific project based manufactured and configured computers, accessories and electronic devices, unopened box returns also may be denied. We cannot re-sell or return a computer that has been built to a customer’s specifications.

 

  1. Any and all product returns must be approved by Group Mobile, in Group Mobile’s exclusive discretion, and a Return Merchandise Authorization (“RMA”) number must be issued.

 

  1. Approved returns must be made within 30 days of the delivery date.

 

  1. Approved returns will incur a 25% restocking fee.

 

  1. Returns must be received within 15 days of the RMA number issuance.

 

  1. The customer is responsible for all shipping charges associated with the return.

 

  1. All returns must be sent via UPS, Federal Express, or any other courier that provides a

tracking number and proof of delivery.

 

  1. All product returns must be sent to the following address:

 

Group Mobile Returns

5590 W. Chandler Blvd.

Suite 3 Chandler, AZ 85226

 

  1. If the returned product does not meet the requirements stated above, the product will be sent

              back to the customer "freight collect".

 

  1. It is recommended that you do not send in additional accessories or peripheral devices when

              returning products for repair. Repair centers will not be held responsible for any lost items.

 

  1. Once Group Mobile has approved a return, your refund will be issued within 7 days, and

              you will receive an email confirmation that your return is completed. Please note that,

  depending on your financial institution, it may take an additional 2-10 business days for the

  credit to post to your account.

 

8. Errors

 

We attempt to be as accurate as possible. However, we do not warrant that all product descriptions, photographs, pricing, or other information provided is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Group Mobile is not as described or pictured, your sole remedy is to return it in an unused condition for a refund, subject to the return policy herein. In the event of an error, whether on the Group Mobile website, in an order confirmation, in processing an order, in delivering a product, or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is, subject to the return policy herein, to cancel your order and obtain a refund.

 

 

9. Disclaimer of Warranty

 

GROUP MOBILE PROVIDES NO WARRANTY TO ITS CUSTOMERS FOR ANY PRODUCTS SOLD. GROUP MOBILE HEREBY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED, OR THAT YOUR USE OF THE PRODUCT WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS , INFORMATION, OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GROUP MOBILE, A DEALER, AGENT, OR AFFILIATE SHALL CREATE A WARRANTY. TO THE EXTENT WARRANTIES CANNOT BE DISCLAIMED OR EXCLUDED, THEY ARE LIMITED TO THE DURATION OF THE RELEVANT EXPRESS WARRANTY PERIOD.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GROUP MOBILE, ITS AFFILIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF GROUP MOBILE OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF GROUP MOBILE, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO YOU FOR ALL DAMAGES EXCEED THE PRICE YOU PAID FOR THE PRODUCT. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

IF ANY TERM IS HELD TO BE ILLEGAL OR UNENFORCEABLE, THE LEGALITY OR ENFORCEABILITY OF THE REMAINING TERMS SHALL NOT BE AFFECTED OR IMPAIRED.

10. Manufacturer's Warranty

 

Warranties may be available directly from select manufacturers. Manufacturer information is subject to change without notice. Not all manufacturers for products which we sell will offer manufacturers’ warranties.

 

11. Privacy

 

Please refer to our Privacy Statement, available at https://groupmobile.com/privacy-policy, for information about how Group Mobile collects, uses, and discloses personal information from users of the site.

 

12. Dispute Resolution and Binding Arbitration

 

YOU AND GROUP MOBILE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

Any claim, dispute, or controversy, whether in contract, tort or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims, between you and either Group Mobile, its agents, employees, successors, assigns, direct and indirect subsidiaries, or any third party providing any products or services to you in connection with your purchase arising from or relating in any way to your purchase of products, these Terms of Sale, their interpretation, or the breach, termination, or validity thereof, the relationships which result from these Terms of Sale (including relationships with third parties who are not signatories to these Terms of Sale), Group Mobile’s advertising, or any related purchase, shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision of the Terms of Sale is void, voidable, or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Notwithstanding the foregoing, you may assert claims in a small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Sale.

 

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR GROUP MOBILE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration clause is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

 

The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.

 

13. Applicable Law and Jurisdiction

 

Access to and use of this Website and these Terms of Sale are governed the Federal Arbitration Act, U.S. federal law and/or the laws of the State of New York, without resort to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

 

Group Mobile controls and operates this Website from its headquarters in the United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws.

 

14. Export Controls

 

Certain Group Mobile products may be subject to export controls imposed by the United States of America, and may not be exported or reexported: (a) into (or to a national or resident of) any country to which the United States of America has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the U.S. Treasury Department’s Specially Designated Nationals list, or (c) the U.S. Commerce Department’s Table of Denial Orders (collectively, the “Prohibited Countries”). By purchasing any Group Mobile product, you represent and warrant that you are not located in any Prohibited Country, that you are not under the control of any Prohibited Country, or that you are not a national or resident of any Prohibited Country.

 

15. Severability

 

If any provision of these Terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.

 

Have questions?

Call Group Mobile at 1-866-RUGGED8, or email us at information@groupmobile.com