WARRANTIES
Products sold by GoGoFan.com are not manufactured by GoGoFan.com. The
products may, however, be covered by each manufacturer warranty,
service, and support policy (if any). GoGoFan.com MAKES NO REPRESENTATION
OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN
THIS DOCUMENT. GoGoFan.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE,
COURSE OF DEALING, OR COURSE OF PERFORMANCE. |
GENERAL TERMS AND
CONDITIONS
Payment Terms:
An order is not binding upon GoGoFan.com until it is accepted; GoGoFan.com
must receive payment before it will accept an order. Payment for product(s)
ordered is due prior to shipment. Customer can make payment by Paypal, or
some other method prearranged with GoGoFan.com. You agree to pay the
amount(s) due as specified on the invoice.
Shipping Charges:
Your total cost for purchase of any product will include shipping and
handling charges shown on the GoGoFan.com invoice.
Risk of Loss:
GoGoFan.com will arrange for shipment of ordered product(s) to the
Customer, and risk of loss passes to the Customer upon delivery to the
carrier. All software is provided subject to the license agreement of the
software maker. Customer agrees to be bound by any software license
agreement once the seal on the package is broken. GoGoFan.com will advise
Customer of estimated shipping dates, but GoGoFan.com will not be
responsible for delays in delivery, and associated damages, due to events
beyond its reasonable control, including without limitation, acts of God
or public enemy, acts of federal, state or local government, fire, floods,
civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the
sales transaction between GoGoFan.com and Customer shall be governed by
the laws of the State of California, without regard to its conflicts of
law rules. Specifically, the validity, interpretation, and performance of
this agreement shall not be governed by the United Nations Convention on
the International Sale of Goods. GoGoFan.com and Customer consent to the
exclusive jurisdiction and the exclusive venue of the State Courts of the
State of California, Los Angeles County, to resolve any dispute between
them related hereto, and the parities waive all rights to contest this
exclusive jurisdiction and venue of such Courts. Finally, the Customer
also agree not to bring any legal action, based upon any legal theory
including contract, tort, equity or otherwise, against GoGoFan.com that is
more than one year after the date of the applicable invoice.
Severability:
If any provision contained in this agreement is or becomes invalid,
illegal, or unenforceable in whole or in part, such invalidity,
illegality, or unenforceability shall not affect the remaining provisions
and portions of this agreement, and the invalid, illegal, or unenforceable
provision shall be deemed modified so as to have the most similar result
that is valid and enforceable under applicable California law.
Waiver
The failure of either party to require performance by the other party of
any provision of this agreement shall not affect in any way the first
party`s right to require such performance at any time thereafter. Any
waiver by either party of a breach of any provision in this agreement
shall not be taken or held by the other party to be a continuing waiver of
that provision unless such waiver is made in writing.
Entire Agreement
These terms and conditions, together with GoGoFan.com`s invoice regarding
the products ordered by Customer, are the complete and exclusive agreement
between GoGoFan.com and Customer, and they supersede all prior or
contemporaneous proposals, oral or written, understandings,
representations, conditions, warranties, and all other communications
between GoGoFan.com and Customer relating to the subject products. This
agreement may not be explained or supplemented by any prior course of
dealings or trade by custom or usage. |
