Purchase Agreement
Please read this purchase agreement carefully. It contains important information cincerning your rights and obligations with regard to your purchase of snoretech products, as well as limitations and exlusions that may apply to you.
CURRENT PRODUCTS: RETAIL CUSTOMER AGREEMENT
This agreement (the "Agreement") applies to your purchase of products ("Product" or "Products") sold by Snoretech, DBA., and its affiliates (collectively, " Snoretech"). By accepting delivery of A Product, you accept and agree to be bound to the provisions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Snoretech and return your purchase pursuant to Snoretech Return Policy. This Agreement shall apply and control your purchase of the Products unless (i) you have a separate purchase agreement with Snoretech, in which case the provisions of any such separate agreement shall control; or (ii) other Snoretech terms and conditions apply to this purchase. If you are a tax-exempt purchaser you may not purchase Products through our Website under this Agreement. If you wish to make a tax-exempt purchase, please visit our Public Sector area.
PAYMENT TERMS, ORDERS, QUOTES, TAXES
Terms of payment for the Products are within Snoretech sole discretion and payment must be received by Snoretech prior to acceptance of an order. Payment for the Products will be made by credit card as set forth at Secure Payment. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or if the price has increased or decreased between the time the item is placed in a shopping cart and the time that the purchase is actually made, Snoretech shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price. Snoretech shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Snoretec will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify Snoretech acceptance of your order, nor does it constitute confirmation of Snoretech offer to sell.
Snoretech reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Snoretech may require additional verifications or information before accepting any order. Snoretech may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Payment for the Products will be handled as set forth at Secure Payment. Loss or damage that occurs during shipping by a carrier is your responsibility. Shipping dates are estimates only. Within 7 (seven) calendar days of receipt of your shipment, you may return any of the purchased items, for any reason, for a full refund. We'll also refund the shipping cost if the return is a result of our error. Return information can be found on your order confirmation or order invoice.
LIMITED WARRANTY
The sole limited warranty for your Product is set forth at Warranty Terms. If you wish to pursue a claim based upon the limited warranty you must follow the procedures set forth therein.
RETURN POLICIES, EXCHANGES
Snoretech return policy is set forth at Shipping and Returns. You must contact us directly before you attempt to return a Product to obtain a Return Material Authorization Number for you to include with your return. You must return a Product to us in its original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging a Product, unless the reason for the return is due to our error. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Snoretech, Snoretech is not responsible for a Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Snoretech discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
CHANGED OR DISCONTINUED PRODUCT
Snoretech may revise and discontinue Products at any time without notice to you and this may affect information saved in your online "cart." Parts used in repairing or servicing a Product may be new, equivalent-to-new, or reconditioned.
NOT FOR RESALE OR EXPORT
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
BINDING ARBITRATION
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, consumer protection, common law, intentional tort and equitable claims) between you and Snoretech, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, " Snoretech") arising from or relating to this Agreement SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM ("NAF") under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com or via telephone at 1-800-474-2371).
In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and Snoretech. NEITHER CUSTOMER NOR SNORETECH SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). 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. If any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys' fees, if any.