This Sale Agreement is a legal contract between the Customer and Openenow. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "Openenow" shall relate to Openenow, and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Customer and Openenow relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Openenow. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Openenow at the address provided below. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Openenow hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. This disclaimer by openenow in no way affects the terms of the manufacturer's warranty, if any.
This agreement and any sales hereunder shall be governed by the laws of the state of california , without regard to conflicts of laws rules. The customer consents to the jurisdiction of the federal or state courts located in los angeles county , california for purposes of any suit, action or proceeding arising out of this sale agreement.
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All pricing subject to change. For all prices, products and offers, Openenow reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome! While Openenow uses reasonable efforts to include accurate and up-to-date information on the Site, Openenow makes no warranties or representations as to the Site's accuracy. Openenow assumes no liability or responsibility for any errors or omissions in the content on the Site.
Openenow will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Openenow will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services, Openenow is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this sale agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this sale agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this sale agreement), openenow's advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the national arbitration forum (naf) under the code of procedure of arbitration-forum.com (the "code") in effect at the time the claim is filed the code and if any in-person hearing is required, it shall be held in los angeles , california . Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Orders are not binding upon Openenow until accepted by Openenow. Terms of payment are within Openenow's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Openenow may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.