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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.

THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH ECOsmarte Online Store. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).

Important Information About This Legal Contract

This Sale Agreement is a legal contract between the Customer and ECOsmarte Online Store. 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 "ECOsmart Online Store" shall relate to ECOsmarte Online Store 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 ECOsmarte Online Store 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 ECOsmarte Online Store. 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 ECOsmarte Online Store 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.

Governing Law

THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESSOTA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN {{County}} COUNTY, MINNESSOTA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.

Title; Risk of Loss

Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by ECOsmarte Online Store is ECOsmarte Online Store's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

Export Sales

If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.

General Legal Disclaimer

ECOsmarte Online Store 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 ECOsmarte Online Store IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

Internet Disclaimer

Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.

56K Disclaimer

56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps.

Third-Party Product and Y2K Disclaimer

All products sold by ECOsmarte are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, ECOsmarte makes no representation or warranty with respect to the Y2K compliance of products sold.

Pricing and Information Disclaimer

All pricing subject to change. For all prices, products and offers, ECOsmarte Online Store 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 ECOsmarte Online Store uses reasonable efforts to include accurate and up-to-date information on the Site, ECOsmarte Online Store makes no warranties or representations as to the Site's accuracy. ECOsmarte Online Store assumes no liability or responsibility for any errors or omissions in the content on the Site.

Limitation of Liability

ECOsmarte Online Store 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. ECOsmarte Online Store 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, ECOsmarte Online Store 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.

Arbitration Applicable law and venue:

This contract takes effect only when signed by the customer and accepted by an officer of Company and it shall be interpreted and construed under the laws of the State of Minnesota, which laws shall prevail in the event of any conflict of law. It is understood and agreed that as an express provision of this Agreement, Company requires that any and all disputes arising hereunder involving Company or Company's rights be adjudicated solely in the State or Federal Courts of Washington County, Minnesota. Customer hereby expressly consents to the venue of such Washington County, Minnesota, courts and agrees that any action involving Company as a party which is brought in any court outside Washington County, Minnesota, can and should be transferred to a Washington County, Minnesota, Court.

Orders; Payment Terms; Interest; Taxes

Orders are not binding upon ECOsmarte Online Store until accepted by ECOsmarte Online Store. Terms of payment are within ECOsmarte Online Store's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. ECOsmarte Online Store 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.