Terms and ConditionsLast Updated: July 12, 2010
1.0 IN GENERAL.
Subject to these terms and conditions, Customer is given a limited license to access and use geckodrive.com for the purpose of searching and viewing information about Geckodrive and its products and services. Geckodrive reserves the right in its sole discretion to terminate or suspend Customer's access to geckodrive.com for any reason, and Customer agrees that in the event his or her authorization to access the site is terminated, Customer will not thereafter access or attempt to access the site directly or indirectly, until Customer's suspension is removed and Geckodrive gives express notice thereof.
Geckodrive strives to ship its products within 24-48 hours of receiving the order and payment for such product. Unless otherwise requested in writing by Customer, (a) all Geckodrive products will be shipped by whatever means and carrier that Geckodrive considers to be the most appropriate method of transportation, and (b) all freight and insurance charges will be prepaid by Geckodrive and added to the invoice. Risk of loss shall pass to Customer upon delivery by Geckodrive to the carrier.
If a package is refused or left unclaimed at the time of delivery and must be returned to Geckodrive, all miscellaneous charges, including, but not limited to return shipping, customs, holding fees, etc. will be charged to Customer upon receipt of the returned package.
All "Flat Rate" quoted shipping rates on Geckodrive's website apply to shipments weighing less than three (3) pounds and do not apply to Alaska and Hawaii. Shipments over 3 pounds may incur extra charges.
All "International Shipping Quote" shipping charges listed on our website are estimates and as such, are subject to change. For exact quotes, please contact Geckodrive at the time of purchase.
International duties and taxes are the sole responsibility of Customer and are not included in the quoted shipping charges. Geckodrive will not be responsible for unpaid duties and taxes and will be forced to charge the Customer any incurred charges upon noncompliance to pay these charges at the time of delivery.
4.0 BLANKET PURCHASE ORDERS/OEM DISCOUNTS
All requests for Blanket Purchase Orders ("BPO") must be submitted in writing with scheduled release dates spanning a one (1) year period. Typical releases are scheduled quarterly or monthly, but other arrangements may be considered. Any changes to the BPO, after acceptance, must be approved by an authorized Geckodrive representative.
All original equipment manufacturer ("OEM") discounts are subject to immediate re-evaluation once the minimum purchase requirements are not met. Please contact a Geckodrive representative for additional details.
The date of delivery furnished by Geckodrive to Customer is determined from the date of Geckodrive's receipt of Customer's purchase order and Geckodrive's receipt of payment. For these purposes, Geckodrive accepts payment via MasterCard, Visa, American Express, PayPal, Check, Money Order and Bank Transfers. (Methods of payment accepted are subject to change without notice.) The date of delivery is only an estimate of the date of delivery, not a guarantee of a particular delivery date. Geckodrive shall not be liable for any failures to or delays in shipment.
Subject to the terms provided herein, all returns for exchange, refund or credit must be made within fourteen (14) days from the date of purchase. All questions or comments relating to returns should be referred to [email protected] or by calling (714) 832-8874.
To qualify for an exchange, refund or credit, the product must be in re-sellable condition, which shall be determined at Geckodrive's sole discretion. Factors affecting the re-sellable condition of a product shall include, but are not limited to: obvious signs of use or abuse; customer negligence; excessive wear and tear and/or damaged/missing product or parts. Where it is determined, at Geckodrive's sole discretion, that the product is, in fact, re-sellable, Customer will be given a full refund or credit for the product, less the cost of shipping. Customer should expect a refund within 7 to 14 business days of Geckodrive's receipt of the product.
All products returned to Geckodrive for evaluation and/or repair must be accompanied by the appropriate "product returns" form found in the "support" section of this website. If an item is shipped back for evaluation and/or repair any defective parts covered by warranty will be replaced with similar or equivalent part(s) at no cost to the Customer. However, any part that is different from the original configuration will require the Customer to purchase the part at cost.
CUSTOM PARTS AND PRODUCTS DO NOT QUALIFY FOR REFUND OR CREDIT.
7.0 LIMITED WARRANTY
Geckodrive warrants to the original purchaser that any part of its product purchased will be free of defects in workmanship and parts for a period of twelve (12) months from the date of delivery (hereinafter "Warranty Period"). During the Warranty Period, Geckodrive will, at its option: (1) provide replacement parts necessary to repair the product; (2) replace the product with a comparable product; or (3) refund the amount Customer paid for the product upon its return. Replacement parts or products will be new or serviceably used, comparable in function and performance to the original part or product, and warranted for the longer of thirty days for the US or the remainder of the warranty period. Any additional purchases or upgrades will not extend this warranty. This product warranty covers normal use only. This product warranty does not cover damage caused during shipment and any damage caused by: actions that are beyond Geckodrive's control, including without limitation, impacts, fluids, fire, flood, wind, earthquake, lightning or similar disaster, war, lockout, epidemic, destruction of production facilities, riot, insurrection, or material unavailability; unauthorized modifications, attachments or peripherals; improper use, environment, installation or electrical supply; improper maintenance; any other misuse, abuse or mishandling.EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, GECKODRIVE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. GECKODRIVE'S AND CUSTOMER'S MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE CUSTOMER PAID FOR PRODUCTS OR SERVICES PLUS INTEREST AS ALLOWED UNDER THE APPLICABLE LAW. NEITHER CUSTOMER NOR GECKODRIVE WILL BE LIABLE TO THE OTHER FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, "DOWN TIME", CUSTOMER'S TIME, LOSS OF USE OF RELATED EQUIPMENT, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), ABSOLUTE OR STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER THE APPLICABLE LAW. THIS AGREEMENT GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
8.0 LIMITATION OF LIABILITY
Customer's exclusive remedy with respect to any claim concerning this Agreement or any goods sold pursuant to this Agreement shall be for damages. Geckodrive's liability with respect to any claim concerning the products sold shall not exceed the purchase price of the particular goods with respect to which the claim is made, or, at Geckodrive's option, the repair or replacement of those goods. These amounts are agreed upon as liquidated damages and not as penalties.
It is intended and expressly agreed that the purpose of the preceding provisions is to set upper limits to the amount recoverable by Customer. These liability limitations shall apply whether the claim is based in contract, negligence, strict liability, other tort, or any other cause. In no event shall Geckodrive be liable for indirect, special, incidental, consequential or punitive damages, even if it has been advised of the possibility of such damages. Further, Geckodrive shall not be required to pay transportation charges for the return of any goods unless Geckodrive authorizes such return in advance and in writing. If Customer desires that Geckodrive assumes a greater liability than what is provided for in this paragraph, Geckodrive will amend this Agreement by attaching an addendum setting forth the additional liability and an additional amount to be paid by Customer for Geckodrive's assumption of that additional liability. No such amendment shall be effective unless signed by Customer and Geckodrive. Geckodrive is not an insurer, and nothing in such addendum shall be construed to hold Geckodrive as an insurer.
9.0 INSPECTION AND CLAIMS
Customer has ten (10) days from the date of delivery of the product to examine the goods for any damage, defect or shortage. All claims for any cause whatsoever (whether based in contract, negligence, strict liability, other tort or otherwise) shall be deemed waived unless made in writing and received by Geckodrive within thirty (30) days after Customer's receipt of the product with respect to which the claim is made, or, if the claim is for non-delivery of goods, within forty-five (45) days after the date upon which the goods were to be delivered. Customer's failure give written notice of any such claim within the applicable time period shall be deemed an absolute and unconditional waiver of such claim.
10.0 COPYRIGHT AND TRADEMARKS
The entire content of this website, including, but not limited to text, graphics, photographs, designs and any other literary or artistic works appearing on geckodrive.com are protected by copyright laws and are the property of Geckodrive. Limited permission is granted to electronically copy and print hard copy portions of this website for the sole purpose of placing an order with Geckodrive.com or purchasing Geckodrive products. Users may not copy or use the material for any other purpose without the prior written consent of Geckodrive.
All trademarks, service marks and trade names of geckodrive.com and/or Geckodive are trademarks or registered trademarks of Geckodrive.
The security of Customer's personal information is important to Geckodrive; implementing encryption technology to secure sensitive information provided by Customer on it's order forms. However, while Geckodrive strives to use commercially acceptable means to protect Customer's personal information, it cannot guarantee it's absolute security.
Customer agrees to indemnify, hold harmless and defend Geckodrive against any and all claims, damages, expenses, costs and attorney fees arising out of any demand, claim, allegation or lawsuit made or filed by or behalf of any third party concerning the product (whether based in contract, negligence, strict liability, other tort or any other cause), including, but not limited to any demand, claim, allegation or lawsuit concerning the failure of the goods in any respect.
Customer may not assign (by operation of law or otherwise) Customer's rights or delegate Customer's performance under this Agreement to anyone without Geckodrive's prior written consent. Any attempts to assign this Agreement or Customer's obligations under this Agreement shall be considered null and void.
14.0 JURISDICTION AND VENUE
The terms and conditions herein, and the application and interpretation of this agreement, shall be governed by the laws of the State California, U.S.A., without regard to choice of law provisions. The 1980 U.N. Convention on contracts for the international sale of goods will not apply. Customer agrees that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to geckodrive.com shall be in the state or federal courts located in Orange County, California and that these courts shall be the sole and exclusive forums for the resolution of any action between Customer and Geckodrive.
15.0 ATTORNEY'S FEES AND COSTS
In the event of litigation relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
16.0 ENTIRE AGREEMENT
The terms and conditions provided herein represent the entire agreement between the parties and supersedes all prior and contemporaneous oral and written agreements and discussions relating to Customer's use of geckodrive.com and its products and/or services. No alteration, amendment or modification may be made to the terms and conditions unless signed by Customer and an authorized representative of Geckodrive.