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Any typographical error in product pricing, graphics, photographic, specifications stock availability, special offers, or referals from shopping comparison sites may contain inaccuracies and are subject to correction. While we make every effort to provide our customers with the most accurate pricing and data information thru our advanced automated systems, errors will occur. We recommend verifying all specifications of an item on the manufacturers web site prior to purchase.
All such documentation and graphics are provided "As IS" without warranty.
In the event a product is listed at an incorrect price, Software More reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.
If a product price is actually lower than our posted price on Software More, we will charge you the lower amount and notify you by e-mail.
If a product price is actually higher than the posted price on Software More, we will notify you of the error and allow you to cancel the order. If your credit card has already been charged or you have paid by check for the purchase and your order is cancelled, Software More will process a refund.
NO CONSEQUENTIAL DAMAGES. Seller shall not be liable for buyer’s loss of profits, business expenses, business goodwill, or other consequential damages under any circumstances, including seller’s breach of this agreement. Buyer has accepted this restriction on its right to recover consequential damages as a part of its bargain with seller. Buyer realizes and acknowledges that the price of the goods would be higher if seller were required to be responsible for buyer’s consequential damages.
WAIVER AND INDEMNIFICATION: BUYER hereby waives, releases and discharges SELLER from any and all claims, including, but not limited to, claims for injury to persons or property, relating to of arising out of the selection, packing, shipment, installation, use, misuse, design or manufacture of the GOODS. BUYER hereby agrees to indemnify seller from any and all claims, including, but not limited to, claims for injury to persons or property, relating to or arising out of the selection, packing, shipment, use, misuse, design or manufacture of the goods.
ARBITRATION OF DISPUTES: Any controversy, dispute, or claim, of whatever nature, arising out of, in connection with, or in relation to the interpretation, performance or breach of this AGREEMENT, including any claim based on contract, tort, or statute, shall be resolved at the request of any party to this AGREEMENT by final and binding arbitration conducted at a location determined by the arbitrator in Dekalb County, Georgia, administered by and in accordance with the then existing rules of Practice and procedure of Judicial Arbitration & Mediation Services, Inc. (J.A.M.S.). Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. Such judgment shall be final, non-appealable, and not subject to trial de novo.
NON-WAIVER: Failure by either party to enforce any provision of this AGREEMENT, or of any order, shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision at any subsequent time. |