TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS FROM THIS SITE
This document sets forth the terms and conditions (the “Terms”) governing all agreements between a site user (“you” or “Buyer”) and Casio Inc. (“Casio” or “Seller”) for the purchase and sale of any of the products advertised for sale (the “Products”) on this web site (the “Site”). Your placement of an order is construed as an offer to purchase Products, and indicates your assent to these Terms. Casio’s acceptance of your offer to purchase Products is expressly made conditional upon your assent to these Terms. Any terms proposed by you that add to, vary from, or conflict with these Terms are hereby objected to and shall be void. Casio reserves the right to make changes to this Site and these Terms at any time. Your individual purchases will be governed by the Terms that were posted on this page as of date you placed your order. If you do not agree to these Terms, do not make any purchases of Products on this Site.
1. Price and Delivery. Casio online shopping, Products and prices are offered to United States residents only. Price and delivery terms are FOB Casio shipping origin. Upon Casio’s delivery of the Products to the carrier at the FOB point, title and risk of loss and damage to the Products shall pass to the Buyer. All prices are subject to change without notice. Casio reserves the right to make adjustments to the price of all Products due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. Prices for particular purchases will be those in effect at the time of shipment. Casio may make delivery in installments and receive payments for each installment. All delivery dates are estimated. CASIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES FOR CASIO’S FAILURE TO FILL, OR DELAY OR ERROR IN FILLING ANY ORDER, OR FOR ANY DELAY IN DELIVERY. Out of stock items will be deleted from the order after confirmation from you. These items may be placed on back order if requested.
2. Shipping Information. Casio ships Products within the continental United States, Alaska, Hawaii, and Puerto Rico. Casio cannot ship to a Post Office box address, territories, addresses outside the United States or APO/FPO addresses. Upon acceptance by Casio, orders for in-stock items will be shipped the next business day following the processing of the order. Orders will be shipped via United Parcel Service; and Casio customers can choose to ship orders by UPS 2nd Day Air or UPS Ground Service. A flat rate shipping charge applies to all orders. For orders shipped UPS Ground Service please allow two (2) to eleven (11) business days for shipments to the Continental United States. For Alaska and Hawaii, add two (2) to three (3) additional business days. For all other shipping methods, please allow two (2) to five (5) business days for delivery within the United States. Please note, a signature is required on all deliveries.
3. Payment, Taxes, and Duties. Casio accepts four major credit cards for purchases made on the Site: American Express, Discover/Novus, MasterCard, and Visa. You may also use debit cards sponsored by American Express, Discover/Novus, MasterCard, and Visa. Cards not issued by a United States banking institution will not be accepted. For your protection, we always verify that your information is correct. Therefore, we cannot accept credit cards from banks that do not allow address verification over the Internet. Please refer to your card holder agreement for all rules and regulations pertaining to your card. Payment will be debited from your account immediately following notice of the dispatch of your purchase. You confirm that the credit/debit card that is being used is yours. Casio will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence by Casio, Casio will not be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
The price that is shown on the shopping cart is the amount you will be charged, plus applicable sales tax and shipping charges. State laws require companies to collect sales tax from residents shipping merchandise to states where the company transacts business. Casio collects state and local sales tax where applicable. Where applicable, Buyer will provide Casio with an exemption certificate in form and substance satisfactory to the relevant taxing authorities. If you are tax exempt, please call 1-800-836-8580 to place your order. A copy of your Consumer Certificate of Exemption needs to be faxed to Casio at 973-537-8934.
4. Warranty and Remedy. Each Product is subject to the terms of the limited warranty that is expressly stated on, packaged with, or accompanies the Product. Unless otherwise provided in the applicable Product limited warranty, the Product purchased on line is eligible for warranty service only within the United States. For the warranty applicable to a specific Product, please visit Service & Support on the Site and click on the specific Product for additional warranty and support information. The software included with any Product is subject to the license agreement that is part of the package. NO WARRANTIES ARE PROVIDED HEREIN IN ADDITION TO ANY WARRANTIES THAT MAY APPLY TO A PARTICULAR PRODUCT, AND UNLESS OTHERWISE SPECIFIED IN A WARRANTY FOR A PARTICULAR PRODUCT, ALL PRODUCTS ARE SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5. DISCLAIMER. IN NO EVENT SHALL CASIO BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF ANY DEFECT OR FAILURE OF THE PRODUCTS, BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF CASIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Not withstanding any other provision hereof, in no event shall Casio’s total liability relating to or in connection with any Products whether based on contract, warranty, tort (including negligence), strict Product liability or otherwise, exceed the actual amount paid to Casio by Buyer for the Product(s) giving rise to the liability. In no event shall Casio be liable for the costs of procurement of substitute good or services.
6. Remedy: In the event that a Product purchased under these Terms fails to perform as warranted, Buyer’s exclusive remedy, and Casio’s sole liability therefore, shall be, at Casio’s option, the repair or replacement, of any defective Product or return of the purchase price. A Product repaired or replaced under warranty will be further warranted only for the remainder of the warranty period. Repair parts and replacement Products will be either reconditioned or new. If a Product is found not to be defective or the defect not covered by the warranty, Buyer will be responsible for the reasonable and necessary costs of Casio testing and repair at then current rates. Casio accepts no liability with respect to any software or data contained in any Product or part returned to Casio for repair or replacement. Buyer agrees that the disclaimers and liability limitations contained in these Terms shall remain in effect even if an exclusive remedy is determined to fail of its essential purpose.
7. Return Policy. Casio Products come with a 30-Day Money Back Guarantee. If, for any reason, you are not completely satisfied with your purchase, you may return the Product within thirty (30) days to Casio and obtain a full refund of the original purchase price of the merchandise, excluding shipping and handling charges. This guarantee does not apply to software that has been opened unless determined to be defective. Before returning a Product, you must first obtain a return merchandise authorization (“RMA”) number from Casio. Buyer may then return the Product, freight prepaid, in its original shipping container, with the RMA clearly marked on the outside of the packaging. Buyer shall enclose the complete accessories such as documentation, cables, and software. Buyer shall bear the risk of loss or damage to the Product during such shipment. Returns and replacements are also subject to these terms: 1) Shipping and handling charges are not refundable; 2) You are responsible for all freight charges involved in returning and replacing items; 3) Certain items, including, but not limited to, all opened software, special order items, and items specifically noted with ‘NO RETURNS’, cannot be returned; 4) Non-defective returns and refused shipments are subject to a 5% restocking charge.
a. Notices. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Site by Casio. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed on the Site; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Site. Except as expressly directed otherwise by Casio herein or elsewhere on the Site, notices to Casio should be sent to: Casio America, Inc., 570 Mt. Pleasant Avenue, Dover, NJ, USA.
b. Force Majeure. Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and without the fault of Seller. Quantities are subject to availability. In the event of production difficulties or Product shortages, Seller may allocate sales and deliveries at its sole discretion.
c. Substitutions and Modifications. Seller reserves the right to substitute or change materials, parts, Product specifications or functional attributes at any time without notice. Seller also reserves the right to ship Product in multiple boxes and/or shipments.
d. User Rights to Software. Any software included with the Product is protected by copyright law and/or international treaty provisions. Rights relating to a particular software program are listed in the license agreement document provided by the owner(s) of the software that is included with the Product.
e. United States Government License Rights. United States Government license rights in the Product(s) are limited to those mandatory rights identified in DFARS 252.227-7015 (b).
f. Governing Law, Jurisdiction and Costs. This agreement is governed by the laws of the State of New Jersey, without regard to its conflict or choice of law provisions. Buyer acknowledges and agrees that New Jersey is an appropriate place for venue of any litigation and that New Jersey courts have jurisdiction over this agreement and Buyer. In the event the Buyer and Seller are unable to resolve any dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys’ fees incurred.
g. Assignment. Buyer may not assign its rights or obligations hereunder without the express prior written consent of Seller.
h. Entire Agreement. These Terms constitute the entire agreement with regard to purchases on the Site and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said purchases, including any terms and conditions on any of Buyer’s documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto.
i. The failure of Casio to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
j. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the Sites will in any event remain valid and enforceable.
Copyright © 2003- CASIO AMERICA, INC. All rights reserved. CASIO AMERICA, INC., 570 Mt. Pleasant Avenue, Dover, NJ, USA.