PRODUCTS. PoEWit reserves the right to change these Terms and Conditions of Sale at any time.
resale restrictions/conditions to sale
By purchasing PoEWit Products from the PoEWit Webstore, you agree to: (1) resell and perform all required installation at the end-user residence, including final configuration services, within the United States for all Products purchased; (2) not market, sell or distribute PoEWit Products to wholesalers, sub-dealers, or any end-users you know or have good reason to believe, will take the Products outside the country where you purchased the PoEWit Products; and (3) not market, sell or distribute the PoEWit Products by means of telephone, the Internet or any Internet web site, or other commercial online service unless you have obtained PoEWit’s expressed, prior written or electronic approval.
availability of products; pricing
We do not guarantee that inventory will always be available for every Product, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering any Products and/or Subscription Services without prior notice. If an item is not in stock, PoEWit will not be liable for any losses or delays of any kind, including, but not limited to loss of revenue or profits, business interruption, failure to realize savings or other benefits, or damage to good will or reputation, even if we have been advised of the possibility of such damages. PoEWit will not be held responsible for any pricing, typographical, or other errors in such communications. Pricing of Products is subject to change at any time, but changes will not affect any order for Products already placed.
shipping; risk of loss
Shipping information will be provided to you upon purchase. You will be responsible for shipping costs, taxes, excise or other charges, unless otherwise indicated by PoEWit at the time of purchase. We retain the right and title to the Products sold to you until we are paid in full, including purchase price and any taxes, excise or other charges. Risk of loss, will pass to you upon our delivery of the Products to the carrier at our point of shipment. We will have no responsibility to insure any shipment.
By providing a credit card or other payment method accepted by PoEWit, you represent and warrant that (1) you are authorized to use the designated payment method; and (2) you authorize PoEWit (or our third-party payment processor) to charge your payment method for the total order amount (including any applicable taxes and other charges). If the payment method provided cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended until the issue is resolved or cancelled at our sole discretion.
When you purchase any Subscription Services, you expressly acknowledge and agree that (1) we are authorized to charge you a monthly or annual subscription service fee depending on the billing cycle you select (in addition to any applicable taxes) for as long as the subscription continues; and (2) the subscription is continuous until you cancel or such Subscription Service is suspended, discontinued or terminated by PoEWit at our sole discretion. Unless otherwise agreed to by the parties upon ordering any Subscription Services, we will automatically bill you on a monthly or annual basis (depending on the billing cycle for the particular Subscription Services) to the payment method associated with your account. In the event you later decide to purchase additional Subscription Services (each, an “Add-On Service”), your payment for such Add-On Service will be prorated to the renewal date of initial Subscription Service and the full amount of the add-on service will be charged on subscription renewal date. You acknowledge that the amount billed may vary due to promotional offers, changes in your Subscription Services plan and changes in applicable taxes, and you authorize PoEWit to charge your payment method for the corresponding amounts. You may cancel Subscription Services by providing written 30 days’ notice to PoEWit. In the event you cancel a Subscription Service, we will provide a prorated refund at the end of the month for the remainder of your billing cycle. If you cancel a Subscription Service but continue to use other Subscription Service(s) following such cancellation, we may provide the refund in the form of an account credit toward your continuing Subscription Service(s).
At our option, we may extend to you certain credit terms, and shipments may be sent pursuant to such credit terms. Such terms may be set forth in the written materials of a dealer program or promotion in which you are an authorized participant, or, if not, will be established in writing according to our standard credit application and agreement. If you default on your obligations respecting any such credit terms, we may declare all amounts immediately due and owing and may seek any other remedies pursuant to the credit agreement or at law or equity. Moreover, we reserve the right to limit, with respect to any purchase order or shipment, the amount and extent of credit available.
poewit product returns
You have the right to return, subject to terms hereof, for a full credit or refund, any PoEWit Product that: (i) is shipped in error or was not ordered pursuant to your Purchase Order; (ii) is damaged or defective (but not including damage incurred during shipment); or (iii) is not manufactured and labeled in accordance with applicable laws, ordinances, rules and regulations. Further, you have the right to return PoEWit Products according to the terms of the PoEWit Limited Hardware Warranty. In order to qualify for a return, credit or refund of any PoEWit Product pursuant to this Section, you must notify PoEWit, with a reasonable explanation of the reason for return and supporting evidence, within five (5) days of the receipt of the subject PoEWit Products, or in the case of non-conformity with the Limited Hardware Warranty, within five (5) days of discovering the non-conformity. We reserve the right to deny any return for which notice is not given within the applicable notification period, or in the case of subsection (ii) above, if the damage is caused by the negligence or willful misconduct of the shipper, you or your representatives, agents or end-users. If you are eligible to return the PoEWit Products, we will provide you with a Return Merchandise Authorization (“RMA”) number and related return instructions; failure to obtain an RMA number and to comply with the return instructions may result in denial of the return, or a reduction of the credit or refund amount. In addition, you must mail the defective PoEWit Product to PoEWit (i) within sixty (60) days from the date the RMA was issued (RMA numbers are cancelled if the PoEWit Product is not received within the sixty (60) day period), (ii) with the RMA number clearly marked on the outside of each box being sent to PoEWit. The foregoing return policy is subject to change or modification from time to time in PoEWit’s sole discretion upon written or electronic notice to you, provided that such change or modification applies equally to
PoEWit’s other dealers in the Sales Channel. For purposes of this section, the term “defective” shall mean any PoEWit Product that is visually or operationally not performing in accordance with the Limited Hardware Warranty associated with such PoEWit Product upon your inspection. Compliance with these requirements is a condition to coverage and PoEWit’s s acceptance of any returns.
NO AUTHORIZED RETURNS
We have no obligation to accept any PoEWit Product returns except as expressly permitted under Section 8. All returns not in compliance with Section 8 may be accepted or rejected at our sole option and may be subject to a handling charge equal to fifteen percent (15%) of the price for the returned PoEWit Product(s), plus any freight, insurance or similar charges previously paid or incurred by us in connection with the original shipment of such PoEWit Product(s) to you, and any restocking or other fees that we may choose to assess. You must pay any such fees to PoEWit within five (5) days upon written notice. We are not responsible for any refused shipments or any damage caused due to shipping, whether or not it was a valid claim.
limitations of liability
UPON EXPIRATION OF THE LIMITED HARDWARE WARRANTY, POEWIT DISCLAIMS AND WILL NOT BE RESPONSIBLE FOR ANY OTHER WARRANTY FOR POEWIT PRODUCTS. TO THE EXTENT ALLOWED BY LAW, COMMENCING ON THE APPLICABLE POEWIT LIMITED HARDWARE WARRANTY EXPIRATION DATE, ALL POEWIT PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND POEWIT DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE POEWIT PRODUCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, ACCURACY AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE IN CONNECTION WITH SUCH POEWIT PRODUCTS. EXCEPT WITH REGARD TO THE PROVISIONS OF THIS AGREEMENT RELATING TO POEWIT’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY WILL BE LIABLE FOR LOST PROFITS OR LOST SAVINGS, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF POEWIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS OF SALE, POEWIT’S AND ITS SUPPLIERS’ LIABILITIES UNDER THESE TERMS AND CONDITIONS OF SALE TO YOU OR TO THIRD PARTIES, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY, OR OTHERWISE SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNTS ACTUALLY RECEIVED BY POEWIT FOR THE APPLICABLE POEWIT PRODUCTS IN THE TWELVE MONTHS PRIOR TO THE DATE OF THE ACTION GIVING RISE TO THE CLAIM. YOU UNDERSTAND THAT THESE LIMITATIONS OF POEWIT’S AND ITS SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OF THESE TERMS AND CONDITIONS OF SALE.
Additionally, this provision is not intended to limit PoEWit’s liability in the event of PoEWit’s willful or intentional misconduct. Some states do not allow the exclusion or limitation of incidental or consequential damages or PoEWit’s length of the implied warranty, so the above limitation or exclusion may not apply to you.
third party product terms
We offer no warranty of any kind for Third Party Products. Third Party Products available on the PoEWit Webstore are governed by that Third Party Product’s terms of sale and warranty, if any, available at the time of sale.
trademarks and copyrights
Materials on this website are protected by applicable copyright and trademark laws. PoEWit has and shall retain exclusive ownership of all trademarks, trade names and PoEWit Product names relating to PoEWit or the PoEWit Products, whether listed in catalog or marketing materials or otherwise (the “PoEWit Marks”). You shall not directly or indirectly contest or challenge, or do anything inconsistent with, PoEWit’s exclusive ownership of the PoEWit Marks.
You acknowledge that electronic communication begins when you use the PoEWit Webstore, or send an email to PoEWit. 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.
We will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
export control laws
United States export control laws prohibit the unlicensed export of certain technical data, software or other items to certain territories. No Products, information or data may be used, downloaded or otherwise transmitted in violation of the United States export control laws. Products sold through the PoEWit Webstore are regulated by the United States Federal Communications Commission. You are obligated to comply with all FCC regulations and other laws in your use of the Products, and are prohibited from modifying any Products in any way that may affect the authorization to use such Products in the United States.