pakedge.com

Terms of Sale

  1. ACCEPTANCE OF TERMS. All sales through the Pakedge online store (“Pakedge Webstore”) are made by Control4 Corporation, doing business as Pakedge Device and Software (“Pakedge or “us”) and are subject to these Terms and Conditions of Sale. By purchasing products (“Pakedge Products”) from the Pakedge Webstore, purchaser (“you”) acknowledge that you have read, understood and agree to these Terms and Conditions of Sale, along with our Privacy Policy, website Terms of Service and the terms of Warranty available with the Pakedge Product or at www.pakedge.com, which are incorporated herein by reference. The sale of any third party products available on the Pakedge Webstore (“Third Party Products”) are governed by the Third Party Product’s specific terms and conditions of sale and warranty, if any, available at the time of sale. In such cases, the applicable Third Party Product terms and conditions of sale and warranty will supersede and replace Pakedge’s Terms and Conditions of Sale to the extent that they are in conflict. THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PAKEDGE PRODUCTS OR THIRD PARTY PRODUCTS (COLLECTIVELY THE “PRODUCTS”), YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY, RIGHT AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF THE ENTITY PURCHASING PAKEDGE PRODUCTS FROM THE PAKEDGE WEBSTORE. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE OR RESIDENCE TO PURCHASE AND USE PAKEDGE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MAY NOT PURCHASE THE PRODUCTS. Pakedge reserves the right to change these Terms and Conditions of Sale at any time.
  2. RESALE RESTRICTIONS/CONDITIONS TO SALE. By purchasing Pakedge Products from the Pakedge 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 Pakedge 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 Pakedge Products; and (3) not market, sell or distribute the Pakedge Products by means of telephone, the Internet or any Internet web site, or other commercial online service unless you have obtained Pakedge’s express, prior written or electronic approval.
  3. 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, Pakedge 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. Pakedge 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.
  4. 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 Pakedge 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.
  5. PAYMENT. By providing a credit card or other payment method accepted by Pakedge, you represent and warrant that (1) you are authorized to use the designated payment method; and (2) you authorize Pakedge (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.
  6. SUBSCRIPTION SERVICES. 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 Pakedge 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 Pakedge to charge your payment method for the corresponding amounts. You may cancel Subscription Services by providing written 30 days’ notice to Pakedge. 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).
  7. CREDIT TERMS. 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.
  8. PAKEDGE PRODUCT RETURNS. You have the right to return, subject to terms hereof, for a full credit or refund, any Pakedge 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 Pakedge Products according to the terms of the Pakedge Limited Hardware Warranty. In order to qualify for a return, credit or refund of any Pakedge Product pursuant to this Section, you must notify Pakedge, with a reasonable explanation of the reason for return and supporting evidence, within five (5) days of the receipt of the subject Pakedge 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 Pakedge 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 Pakedge Product to Pakedge (i) within sixty (60) days from the date the RMA was issued (RMA numbers are cancelled if the Pakedge 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 Pakedge. The foregoing return policy is subject to change or modification from time to time in Pakedge’s sole discretion upon written or electronic notice to you, provided that such change or modification applies equally to Pakedge’s other dealers in the Sales Channel. For purposes of this section, the term “defective” shall mean any Pakedge Product that is visually or operationally not performing in accordance with the Limited Hardware Warranty associated with such Pakedge Product upon your inspection. Compliance with these requirements is a condition to coverage and Conrol4’s acceptance of any returns.
  9. NO UNAUTHORIZED RETURNS. We have no obligation to accept any Pakedge 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 Pakedge Product(s), plus any freight, insurance or similar charges previously paid or incurred by us in connection with the original shipment of such Pakedge Product(s) to you, and any restocking or other fees that we may choose to assess. You must pay any such fees to Pakedge 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.
  10. LIMITATIONS OF LIABILITY. UPON EXPIRATION OF THE LIMITED HARDWARE WARRANTY, PAKEDGE DISCLAIMS AND WILL NOT BE RESPONSIBLE FOR ANY OTHER WARRANTY FOR PAKEDGE PRODUCTS. TO THE EXTENT ALLOWED BY LAW, COMMENCING ON THE APPLICABLE PAKEDGE LIMITED HARDWARE WARRANTY EXPIRATION DATE, ALL PAKEDGE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND PAKEDGE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PAKEDGE 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 PAKEDGE PRODUCTS. EXCEPT WITH REGARD TO THE PROVISIONS OF THIS AGREEMENT RELATING TO PAKEDGE’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 PAKEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS OF SALE, PAKEDGE’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 PAKEDGE FOR THE APPLICABLE PAKEDGE PRODUCTS IN THE TWELVE MONTHS PRIOR TO THE DATE OF THE ACTION GIVING RISE TO THE CLAIM. YOU UNDERSTAND THAT THESE LIMITATIONS OF PAKEDGE’S AND ITS SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OF THESE TERMS AND CONDITIONS OF SALE. Additionally, this provision is not intended to limit Pakedge’s liability in the event of Pakedge’s willful or intentional misconduct. Some states do not allow the exclusion or limitation of incidental or consequential damages or Pakedge’s length of the implied warranty, so the above limitation or exclusion may not apply to you.
  11. THIRD PARTY PRODUCT TERMS. We offer no warranty of any kind for Third Party Products. Third Party Products available on the Pakedge Webstore are governed by that Third Party Product’s terms of sale and warranty, if any, available at the time of sale.
  12. TRADEMARKS AND COPYRIGHTS. Materials on this website are protected by applicable copyright and trademark laws. Pakedge has and shall retain exclusive ownership of all trademarks, trade names and Pakedge Product names relating to Pakedge or the Pakedge Products, whether listed in catalog or marketing materials or otherwise (the “Pakedge Marks”). You shall not directly or indirectly contest or challenge, or do anything inconsistent with, Pakedge’s exclusive ownership of the Pakedge Marks.
  13. DATA PROTECTION. By placing an order for Products and/or Subscription Services, you agree and understand that we may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. We may also share such data globally with its subsidiaries. We will protect your information in accordance with the Pakedge Privacy Policy. We work with other companies that help us provide Products to you, such as freight carriers and credit card processing companies, and you agree that we may your information with these companies for this purpose.
  14. ELECTRONIC COMMUNICATIONS. You acknowledge that electronic communication begins when you use the Pakedge Webstore, or send an email to Pakedge. 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.
  15. FORCE MAJEURE. 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.
  16. 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 Pakedge 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.
  17. GENERAL. No Pakedge distributor, dealer, agent, or employee is authorized to make any modification, extension, or addition to these Terms and Conditions of Sale. If any provision in these Terms and Conditions of Sale is held in a court or other competent jurisdiction to be invalid or unenforceable, the remainder hereof shall remain in full force and effect. These Terms and Conditions of Sale and all transactions made through the Pakedge Webstore shall be construed and governed according to the laws of the state of Utah, without regard to its conflicts of laws provisions. You agree that the exclusive jurisdiction and sole venue will lie in the state and federal courts in Salt Lake County, State of Utah. The UN Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions of Sale. These Terms and Conditions of Sale, including the Privacy Policy, Terms of Service and Limited Hardware Warranty, incorporated by reference, are the entire understanding of the parties with respect to the sale of Products from the Pakedge Webstore, and merge and supersede all prior and contemporaneous communications or understandings between the parties, whether oral or written, with respect to such sales, provided, however, in the event that these Terms and Conditions of Sale are in conflict with any provision of the applicable License Agreement or Dealer Agreement between you and Pakedge, the terms of such agreement will supersede the terms herein. Any waiver, modification, cancellation or amendment of any provision of these Terms and Conditions of Sale shall be effective only if made in writing and signed by each party’s authorized representative.