Terms and conditions of use
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM AFTER DARK RADING LLC PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.
Definitions:
"Product" shall mean any item offered for sale or licensing on the portadata.com Web site or AFTER DARK RADING LLC direct sales materials, including but not limited to hardware devices, software, accessories, configurations of hardware and software.
Entire Agreement:
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
Orders/ Acceptance by AFTER DARK RADING LLC/Acceptance of This Agreement by You:
All orders of Products placed by you with AFTER DARK RADING LLC are non-cancelable and shall be subject to acceptance by AFTER DARK RADING LLC. AFTER DARK RADING LLC reserves the right to reject any order you place, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by AFTER DARK RADING LLC, your order shall not be deemed accepted by AFTER DARK RADING LLC until shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
Limited Warranties:
AFTER DARK RADING LLC
makes no warranties except those stated in the AFTER DARK RADING LLC return/warranty terms on the AFTERDARK.AE Web site, AFTER DARK RADING LLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
Payment Terms; Price Confirmation/Billing Errors:
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product ordered. AFTER DARK RADING LLC will charge credit cards upon placing an order. AFTER DARK RADING LLC accepts Mastercard, Visa, Mastercard Electron and Visa Electron. AFTER DARK RADING LLC does not accept cash, COD, purchase orders, or personal checks unless specific arrangements have been made for business sales. Porta Data Solutions JLT payment terms are subject to change without notice at Porta Data Solutions JLT’ sole discretion. For web orders, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on the portadata.com Web site or direct sales materials are incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Porta Data Solutions JLT shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.
Products:
Porta Data Solutions JLT continually updates and revises Products. Porta Data Solutions JLT may revise and/or discontinue Products at any time. Changes in products shipped and products described the portadata.com and/or direct sales materials are possible. Porta Data Solutions JLT Products are new unless specified as refurbished.
Coupons & Promotional Codes:
Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Coupons must be surrendered at time of redemption. Coupon and promotional code offers are void where prohibited, taxed or restricted by law. Lost coupons and promotional codes cannot be replaced. Coupon and promotional code offers are valid only in the United States, excluding territories. If you have questions regarding a coupon or promotional code, please call +9714-4511122. Coupon/promotional code programs may be terminated or modified by Porta Data Solutions JLT at any time in its sole discretion. Unless otherwise permitted by the terms of the promotional offers, limit of one coupon/promotion code per purchase applies.
Return Policy:
Porta Data Solutions JLT’ return policy allows for Products purchased directly from Porta Data Solutions JLT to be returned by you during the 30 day period following date of shipment by Porta Data Solutions JLT for a refund of purchase price actually paid. If you have received damaged, defective or incorrectly shipped merchandise please notify Porta Data Solutions JLT within 30 days. Products must be returned in the original packaging. Shipping and handling charges are not refundable. Damage and missing part restocking fees may apply. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to Product while in transit to Porta Data Solutions JLT. If you return Product to Porta Data Solutions JLT (i) after 30 days from shipment or (ii) without proper packaging, Porta Data Solutions JLT retains the right to either refuse delivery of such return or charge you a restocking fee. Please allow up to eight weeks for Porta Data Solutions JLT to credit your account.
Shipping and Handling/Risk of Loss:
Unless otherwise stated at the time of purchase, product prices do not include shipping and handling. Porta Data Solutions JLT will use its discretion in selecting reputable carrier’s and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
Limitation of Liability:
BOTH YOURS AND PORTA DATA SOLUTIONS JLT LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR PORTA DATA SOLUTIONS JLT BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. NEITHER YOU NOR PORTA DATA SOLUTIONS JLT SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Taxes:
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.
Resale:
You certify and agree that you are purchasing Product(s) for your own internal use only, and not for resale. You shall not remove components from Product for resale.
Governing Law:
This Agreement and all purchases hereunder shall be governed by and construed under the law of the United Arab Emirates, without regard to conflicts of laws rules. You agree that the courts of Dubai shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either (i) Emirate of Dubai Courts; or (ii) United Arab Emirates Courts.
Headings:
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
Critical Components:
The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
Force Majeure:
Porta Data Solutions JLT shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Porta Data Solutions JLT. Quantities are subject to availability. In the event of shortage, Porta Data Solutions JLT may allocate sales and deliveries in its sole discretion.
Waiver/Invalidity:
Failure of Porta Data Solutions JLT to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
Entire Agreement:
These terms and conditions constitute the entire and exclusive agreement between you and Porta Data Solutions JLT concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Porta Data Solutions JLT.
Trademark:
The trademark "QNAP, VERA, PANASONIC” and any other product names, service names or logos of Porta Data Solutions JLT used, quoted and/or referenced in this Web Site are trademarks or registered trademarks. Other product names and/or company names used in the Web Site may be protected as their trademarks and/or trade names.
Rev. 5/11