Pre-order Your OxiCool Unit
TERMS OF PRE-ORDER (Last updated January 01, 2020)
This website, located at uniform resource locator www.oxicool.com (the "Site"), is provided by OxiCool, Inc., a Delaware Company (“OxiCool,” "we," "our," or "us") to the person accessing the Site ("”Customer,” you," or "your"). By pre-ordering any products or services on OxiCool’s website (the “Site”), you accept, without limitation or qualification, these Terms of Pre-Order governing such pre-order.
Users of the Site must be at least 18 years of age. Customer represents and confirms, through access and use of this Site, that Customer is at least 18 years of age or older and is fully able and competent to enter into the (i) terms, (ii) conditions, (iii) warranties, and (iv) representations set forth in these Terms of Pre-Order. Customers under the age of 18, are not permitted to access or use this Site.
These Terms of Pre-Order shall constitute the complete agreement with respect to any pre-order of products or services. If you do not agree and accept, without limitation or qualification, these Terms of Pre-Order, you may not pre-order from OxiCool’s website.
- ACCOUNTS; AMENDMENTS; GENERAL
- Accounts. Upon checking the box that you agree to the Terms of Pre-Order, the Customer affirms its acceptance to these Terms of Pre-Order and confirms that it has read and accepted these Terms of Pre-Order. These Terms of Pre-Order will apply to each pre-order that the Customer places through the Site.
- Amendments. OxiCool may, at any time and without notice, modify these Terms of Pre-Order by revising them on the website. Any pre-orders or purchases made after the date of any such modification shall be controlled by the modified version. Customer should therefore periodically visit this page to review the current Terms of Pre-Order. Customer may not modify these Terms of Pre-Order except in a writing signed by OxiCool.
THE WARRANTIES DESCRIBED IN ANY PRODUCT DOCUMENTATION COMPRISE OxiCool’S SOLE AND ENTIRE WARRANTY OBLIGATION AND LIABILITY TO CUSTOMER, ITS CUSTOMERS AND ASSIGNS IN CONNECTION WITH THE PRODUCTS OR SERVICES SOLD AND SUPPLIED HEREUNDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
The sole and exclusive remedy of Customer against OxiCool shall be either the replacement, or issuing of credit, at OxiCool’s option, without additional charge to Customer for any products or services that OxiCool agrees are defective.
THE CUSTOMER AGREES THAT NO OTHER REMEDY (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO IT WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, AND CUSTOMER FURTHER AGREES TO INDEMNIFY AND TO HOLD OxiCool HARMLESS FROM ANY LIABILITY OR OBLIGATIONS INCURRED BY OR ASSESSED AGAINST OxiCool TO OR BY ANY PERSONS INJURED DIRECTLY OR INDIRECTLY IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES SOLD OR SUPPLIED BY OxiCool.
OxiCool’s MAXIMUM AGGREGATE LIABILITY TO CUSTOMER FOR ANY SALE OF PRODUCTS OR SERVICES SHALL BE LIMITED TO THE DOLLAR AMOUNT OF THE PRODUCT OR SERVICE SOLD PURSUANT TO THE TRANSACTION TO WHICH THE LIABILITY RELATES.
- Pre-Orders. From time to time, you may be able to pre-order certain products or services (each, a “Pre-Order”) from OxiCool through a pre-order process described more particularly on the Site and these Terms of Pre-Order (the “Pre-Order Process”). By completing the Pre-Order Process, you are not ordering or purchasing the applicable product or services, but the Pre-Order Process may allow you to pre-order and future product or service, or configure a future product or service and pay the Pre-Order Deposit (“Pre-Order Deposit”) to OxiCool to be eligible to be first in line to receive such products or services.
B. Pre-Order Process. In order to complete the Pre-Order Process, you will be required to (1) submit certain information to OxiCool, and (2) pay a refundable Pre-Order Deposit of $100 to OxiCool. OxiCool will hold Pre-Order Deposits and will not pay interest on Pre-Order Deposits. Any interest earned on the account will be the sole property of OxiCool.
C. Specifications & Configuration Not Final. You understand that we may not have completed the development of or begun manufacturing the products or services subject to a Pre-Order at the time of your Pre-Order. By placing a Pre-Order, you represent and warrant to us that you understand that the products and services, or your configuration thereof, may change prior to execution of a sale between you and OxiCool. We will provide you with more details regarding the sale process when we are closer to converting your Pre-Order into an actual order, which may require an additional deposit.
D. No Purchase Requirement; Cancellation by You.
The Program does not require you to complete the purchase of your Pre-Ordered product or service. If you change your mind before your product or service has been delivered, you may cancel your Pre-Order pursuant to this Section. You may cancel your Pre-Order and request a refund by emailing [email protected]. If you cancel your Pre-Order before you order your product or service, the full Pre-Order Deposit will be credited back to your credit card within 10 business days. If your credit card number has changed, and/or OxiCool is unable to credit the amount to your credit card for any reason, OxiCool will mail a check to your last known address. Please note that all cancellations are final. You may not transfer or assign your Pre-Order or any other rights under these Terms of Pre-Order .
E. Right to Decline, Cancel Pre-Order. OxiCool, at its sole discretion, may decline or cancel your Pre-Order at any time, for any reason. You will be notified by email if your Pre-Order is declined, and your Pre-Order Deposit will be refunded if it has already been processed.
F. Right to Modify, Cancel Program. OxiCool reserves the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of the Pre-Order program, including any of its features, functionalities or manners of operation at any time without any notice or obligation to you. Your use of the Pre-Order program after any changes are implemented will be considered acceptance of such changes.
V. GENERAL PROVISIONS
- Severability. A holding that any term or condition hereof is void and unenforceable shall not render void or unenforceable any other term or condition.
- Governing Law. All questions, disputes or actions arising in connection with this Agreement shall be construed, resolved and governed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions and excluding the United Nations Convention on the International Sale of Goods.