Terms of Sale

GroupMobile.com Terms of Sale

 

Please read these Terms of Sale (the “Terms of Sale”) carefully. The submittal of any purchase order by the customer (“Buyer”), referred to in the attached quote, to Group Mobile Int’l, LLC (“GroupMobile” or “Seller”) 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. GroupMobile reserves the right to make changes to 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 sale or use, these Terms of Sale will govern.

 

1. Buyer Account

 

When the Buyer makes a purchase from the Website, the Buyer may create an account as part of the checkout process. The Buyer is responsible for maintaining the confidentiality of their password and restricting access to their password and account. The Buyer further agrees to accept responsibility for all purchases and activities that occur under the Buyer's account.

 

2. Acceptance of Order

 

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

 

Once an order has been accepted by GroupMobile, it cannot typically be cancelled. If an order cancellation request is received and accepted by GroupMobile prior to product shipment, a 15% cancellation fee will apply.

 

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 Buyer has already placed an order. All prices are subject to change without notice, and Buyer agrees that taxes may be adjusted from the amount shown on this quote. Several factors may cause this, such as variances between processor programs and changes in tax rates.

 

4. Payment Terms

 

Buyer shall provide all financial information reasonably requested by GroupMobile from time to time for the purpose of establishing or continuing Buyer’s credit limit. Buyer agrees that GroupMobile shall have the right to decline or extend credit to Buyer and to require that the applicable purchase price be paid prior to shipment. GroupMobile shall have the right from time to time, without notice, to change or revoke Buyer’s credit limit on the basis of changes in GroupMobile’s credit policies or Buyer’s financial condition and/or payment record.

 

If credit terms are not available to the Buyer, pre-payment may be made by ACH (EFT), Wire Transfer or company check (7 – 10 days to clear). GroupMobile currently accepts Visa, MasterCard, American Express and Discover as forms of credit card payment. By submitting Buyer’s order and selecting to use a credit card as a form of payment, Buyer represents and warrants that Buyer is authorized to use the designated credit card and authorizes Seller to charge Buyer’s order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid, or is otherwise not acceptable, Buyer’s order may be suspended or cancelled automatically. All credit card orders are subject to a 4% service charge. GroupMobile further reserves the right, in its sole discretion, to request partial payment from Buyer, prior to processing Buyer’s order.

 

Buyer shall not deduct any amounts from any GroupMobile invoice without GroupMobile’s express written approval, which approval shall be contingent upon Buyer providing all supporting documentation for such deduction as required by GroupMobile. Any authorized deductions for returned Products must include Buyer’s customer tracking number and GroupMobile’s Return Merchandise Authorization (“RMA”) number. Deductions received by GroupMobile without advance notice will be denied.

 

If Buyer fails to make timely payment of any amount invoiced by GroupMobile, GroupMobile shall have the right, in addition to any and all other rights and remedies available to GroupMobile at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future deliveries and/or to reduce or cancel any or all quantity discounts extended to Buyer. Buyer shall pay all costs of collection including reasonable attorneys’ fees. A service charge of the greater of one and one-half percent (1 ½%) per month or the maximum amount allowed by law will be charged on all past due balances commencing on the date payment is due.

 

5. Shipping Terms and Policies

 

Delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Product title and risk of loss will transfer to Buyer upon GroupMobile tendering the Product for delivery to the carrier (F.O.B. Origin). If Buyer requests special shipping or handling, including expedited shipment, third-party billing, or freight collect, Buyer shall be responsible filing claims with the carrier and all freight and handling costs. Buyer shall pay for any special routing, packing, handling or insurance requested by Buyer and agreed to by GroupMobile. Orders shipped under special routing instructions must be separately agreed upon and may be subject to additional charges. GroupMobile will not be subject to requirements of non-compliance programs of Buyer, including charges for product delays, missing/inaccurate shipping documents, labeling or product markings.

 

Buyer shall promptly notify Seller, no later than 30 days from invoice date, of any claimed shortages or rejection as to any delivery, with the exception of deliveries that reveal external shipping damage, which, in some instances, must be refused immediately upon delivery by the carrier. Such notice shall be in writing and shall be reasonably detailed stating the grounds for any such rejection. Failure to provide any such notice within such time shall be deemed an acceptance in full of any such delivery. Seller shall not be liable for any shipment delays that affect Seller or any of Seller's suppliers, including but not limited to delays caused by unavailability or shortages of Products from Seller's suppliers, natural disasters, acts of war or terrorism, acts or omissions of Buyer, fire, strike, riot, or governmental interference, unavailability or shortage of materials, labor, fuel or power through normal commercial channels at customary and reasonable rates, failure or destruction of plant or equipment arising from any cause whatsoever, or transportation failures.

 

6. Back Orders

 

If, for any reason, an item on Buyer’s order is temporarily out of stock, GroupMobile will endeavor to back order that item for Buyer. 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 Buyer and GroupMobile. Should GroupMobile, in its sole discretion, allow Buyer to return an item, the following return policy applies for that return:

  1. In order for GroupMobile to approve any product return, the product must not be opened or damaged, and in its original undamaged packaging. GroupMobile will not accept "open box" returns.
  2. As GroupMobile sells 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.
  3. Any and all product returns must be approved by GroupMobile, in GroupMobile’s sole discretion, and a Return Merchandise Authorization (“RMA”) number must be issued.
  4. Approved returns must be made within 30 days of the delivery date.
  5. Approved returns will incur a 25% restocking fee.
  6. Returns must be received within 15 days of the RMA number issuance.
  7. The customer is responsible for all insurance and shipping charges associated with the return.
  8. All returns must be sent via UPS, Federal Express, or any other courier that provides a tracking number and proof of delivery.
  9. If the returned product does not meet the requirements stated above, the product will be sent back to the customer “freight collect”.
  10. Once GroupMobile has approved a return, Buyer’s refund will be issued within 7 days, and Buyer will receive an email confirmation that Buyer’s return is completed. Please note that, depending on Buyer’s financial institution, it may take an additional 2-10 business days for the credit to post to Buyer’s account.

8. Errors

 

GroupMobile attempts to be as accurate as possible. However, GroupMobile does 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 GroupMobile is not as described or pictured, Buyer’s sole remedy is to return it in an undamaged 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 Buyer’s order accordingly, or to cancel the order and refund any amount charged. Buyer’s sole remedy in the event of an error is, subject to the return policy herein, to cancel Buyer’s order and obtain a refund.

 

9. Disclaimer of Warranty

 

GROUPMOBILE PROVIDES NO WARRANTY TO ITS CUSTOMERS FOR ANY PRODUCTS SOLD. GROUPMOBILE 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 BUYER’S REQUIREMENTS, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED, OR THAT BUYER’S USE OF THE PRODUCT WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS , INFORMATION, OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GROUPMOBILE, 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 GROUPMOBILE, 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 GROUPMOBILE OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF GROUPMOBILE, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO BUYER FOR ALL DAMAGES EXCEED THE PRICE BUYER 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 BUYER.

 

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

 

12. Dispute Resolution and Binding Arbitration

 

BUYER AND GROUPMOBILE AGREE 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 BUYER WOULD HAVE IF BUYER 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 Buyer and either GroupMobile, its agents, employees, successors, assigns, direct and indirect subsidiaries, or any third party providing any products or services to Buyer in connection with Buyer’s purchase arising from or relating in any way to Buyer’s 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), GroupMobile’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, Buyer may assert claims in a small claims court if Buyer’s claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Sale.

 

Buyer agrees to an arbitration on an individual basis. In any dispute, NEITHER BUYER NOR GROUPMOBILE 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

 

This Agreement will be governed by the substantive laws of the state of Arizona without giving effect to any choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Buyer is responsible for compliance with local laws, if and to the extent local laws are applicable. Both parties to this Agreement specifically agree to submit to the exclusive jurisdiction of, and venue in, the courts in Maricopa County, Arizona in any dispute arising out of or relating to this Agreement.

 

14. Export Controls

 

Certain GroupMobile products may be subject to export controls imposed by the United States of America, and may not be exported or re-exported: (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, Sudan, or Venezuela; (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 GroupMobile product, Buyer represents and warrants that Buyer is not located in any Prohibited Country, that Buyer is not under the control of any Prohibited Country, or that Buyer is 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.