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TERMS AND CONDITIONS
Welcome to AOBC.com, a leader in supplying publications worldwide. Our goal for this Web site is to provide access to the widest selection of books available to both the business and government communities. AOBC.com provides its services to you subject to the following conditions. If you visit or purchase from AOBC.com, you accept these conditions.
THE TERMS AND CONDITIONS SET FORTH ON THIS FORM (THE "TERMS") AND ANY WRITTEN AGREEMENT ("AGREEMENT") EXECUTED BY BUYER ("BUYER"), AND AMERICAN OVERSEAS BOOK COMPANY, INC. ("AOBC.com") CONSTITUTES THE ENTIRE AGREEMENT BETWEEN AOBC.com AND BUYER. AOBC.com WILL NOT BE BOUND BY ANY TERMS ON BUYER'S ORDER OR OTHER FORMS THAT ARE INCONSISTENT WITH THESE TERMS. ACCEPTANCE BY BUYER OF THESE TERMS MAY BE MADE EITHER BY (1) WRITTEN OR ELECTRONIC ACCEPTANCE, (2) PLACEMENT OF AN ORDER THROUGH THE AOBC.com ONLINE ORDERING SYSTEM OR (3) RECEIPT BY BUYER OF DELIVERY OF ANY PRODUCTS FROM AOBC.com.
ELECTRONIC COMMUNICATIONS
When you visit AOBC.com or send e-mails to us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT
If you use this site, you agree to accept responsibility for all activities that occur under your account or password. AOBC.com reserves the right to refuse service, terminate accounts, revoke credit lines, or cancel orders at their sole discretion.
PLACING ORDERS
These Terms apply to all orders placed by Buyer for Items available through AOBC.com's online ordering system located on the World Wide Web at www.AOBC.com. An order is considered to be binding once AOBC.com sends a confirmation of such order through electronic mail, facsimile, or other written communication. Buyer understands that AOBC.com does not manufacture the Materials but rather obtains such Items for distribution through third party suppliers.
PAYMENT
All prices quoted, all orders accepted, are exclusive of all federal, state and local withholding, excise, sales taxes, shipping fees, or charges imposed by any governmental authority on transactions of Items. Upon acceptance of these Terms, Buyer will be able to order Items through AOBC.com and receive the pricing listed. Buyer will reimburse AOBC.com for any such taxes, fees or charges, at the time of sale or thereafter, that AOBC.com is required to pay. For Buyers who have not applied for and received a line of credit with AOBC.com, all payments are due at the time of sale. For Buyers who have applied for and received a line of credit with AOBC.com, terms of payment are net 30 days from the date of invoice. The amount of credit extended by AOBC.com, if any, may be changed or withdrawn completely by AOBC.com at anytime. If any proceeding is brought by or against Buyer under bankruptcy or insolvency laws, AOBC.com shall be entitled to cancel any order by Buyer then outstanding. Should any Buyer fail to pay any of the fees that are owed to AOBC.com under these Terms, that Buyer will also be liable for the costs that AOBC.com incurs in collecting the fees, including reasonable attorney's fees.
RETURNS
AOBC.com will accept returns of Items by Buyer and will refund the purchase price paid for such Items by Buyer, less fees, shipping expenses and related charges. Returns must be made within 30 days of delivery and only after a Customer Service Representative of AOBC.com is contacted to authorize the return and provide a return authorization number. AOBC.com will not accept returns and will not refund any amounts for:
a. Materials not purchased from AOBC.com;
b. Materials returned more than 30 days after the date of delivery;
c. Materials returned without prior authorization from AOBC.com;
d. Any item purchased on a "special order" or;
e. Products returned defaced or other than in their original packaging;
NOTE: Credit will be based on the original invoice price less shipping fees and any applicable restocking fees unless the return is a result of our error.
RISK OF LOSS
Buyer, depending on contractual arrangement, will be responsible for all shipping and insurance charges and will reimburse AOBC.com for all shipping and insurance costs AOBC.com incurs. Risk of loss for the Items shall pass to Buyer on the date the Items are delivered. In the event of any default by Buyer, AOBC.com may decline to make further shipments without affecting its rights under these Terms. AOBC.com will not be charged with any liability including but not limited to consequential damages for delay or non-delivery of the Items, when caused by any cause beyond the reasonable control of AOBC.com. Items will be deemed accepted upon delivery to Buyer.
PRODUCT DESCRIPTIONS
AOBC.com attempts to be as accurate as possible. However, AOBC.com does not warrant that Item descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by AOBC.com itself is not as described your sole remedy is to return it in unused condition.
CONFIDENTIALITY
AOBC.com maintains the transaction history of users of its Web site in the strictest confidence and does not share this information. AOBC.com does, however maintain transactional data for purposes of analyzing it to assess market and business trends, and any such data and analysis is the property of AOBC.com.
MODIFICATION OF TERMS
AOBC.com may modify these Terms at any time without notice, and any such modification shall be effective immediately upon posting. By accessing and using the AOBC.com Web site, Buyer agrees to periodically review these Terms and be bound by any modifications or amendments to these Terms.
DISCLAIMERS AND LIMITATION OF LIABILITY
AOBC.com takes reasonable measures to ensure that their Web site is available without interruption, except for any scheduled down time needed to help maintain effective operation of the site. However, difficulties with hardware, software and equipment and services supplied by others may result in service interruptions. In such cases, AOBC.com will take those measures that it deems reasonable to accommodate the interests of Buyers and Suppliers. In no event will AOBC.com be liable to any party for any loss, cost or damage that results from any period of down time suffered by the AOBC.com Web site.
THIS SITE IS PROVIDED BY AOBC.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. AOBC.com SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER. AOBC.com's TOTAL LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY ITEM SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR SUCH ITEM.
AOBC.com provides no warranty with respect to the AOBC.com Web site or the Items sold hereunder. Buyer receives a warranty on the Items, if any, directly from the Supplier. Upon the request of the Buyer, AOBC.com will use best efforts to inform the Buyer of the warranty policy of a particular Supplier, or to direct Buyer to a source of such information Disclosure of Compensation and Disclaimer.
These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of New Jersey, U.S.A., without regard to provisions on the conflicts of laws. Buyer and AOBC.com consent to the exclusive jurisdiction of, and venue in, the State Courts of the County of Bergen and Federal Courts of the State of New Jersey, USA. Buyer shall not assign its order or any interest therein or any rights thereunder without the prior written consent of AOBC.com. These Terms constitute the entire agreement between AOBC.com and Buyer and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between the Buyer and AOBC.com with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and AOBC.com. The failure by AOBC.com to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions.
These Terms and Conditions were last modified on November 7, 2001
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