Purchase Agreement & Website Terms

Purchase Agreement & Website Terms

This Purchase Agreement and Website Terms (“Terms”) describes the terms on which Asia Sources Inc. (“Asia Sources,” “We,” “Us,” “Our”) provides its website (the “Site”) to you (“You,” “Your,” “Customer”). These Terms describe the legal relationship between You and Us with regards to your use of this Site and purchases you may make on the Site. Your use of the Site will be deemed acceptance of these terms. These Terms may change from time to time, or at any time. We will make commercially reasonable efforts to alert You on the Site if the Terms have changed. Continued use of the Site after any such change will be deemed acceptance of the modified Terms.

 

You agree that You are 18 years old or older, or over the age of majority in your jurisdiction if such age is greater than 18 years.

Products offered for sale on the Site are subject to availability and our current delivery terms.

 

Fees and Payments. If you wish to purchase products, you may provide credit card information in order. You authorize us to charge your credit card account for payment in the specified amount. We will only charge your card on confirmation of delivery. Unless noted, payments are in US dollars; tax is additional. To the extent permitted by law, payments are nonrefundable, except as provided in our return policy.

 

DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

 

Title and risk of loss passes to You upon delivery of the products to a commercial shipper. As collateral security for the payment of the purchase price of the products, You hereby grant Us a lien on and security interest in and to all of the right, title and interest in, to and under the products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Oregon Uniform Commercial Code.

 

EXCEPT FOR THE WARRANTY SET FORTH EXPRESSLY FOR THE PRODUCTS YOU ARE PURCHASING, IF ANY, ASIA SOURCES MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY, (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

 

 

Products manufactured by a third party (”Third-Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the products. Third-Party Products are not covered by the warranties we offer unless expressly provided for the products you are purchasing. For the avoidance of doubt, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

 

For products that carry a limited warranty, please refer to the warranty policy or that product. Failure to follow the procedure in the warranty may result in a total denial of the warranty by Us.

 

Limitation of Liability.

 

(a)  IN NO EVENT SHALL ASIA SOURCES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT ASIA SOURCES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

(b)  IN NO EVENT SHALL ASIA SOURCES AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS SOLD HEREUNDER OR $100, WHICHEVER IS LESS].

 

The trademarks "Asia Sources,” “The Global Display Solution,” and “Global Display Digital,” together with related marks of Ours used in connection with the Site are trademarks or registered trademarks of Ours in the United States. Other trademarks, service marks, graphics, and logos used in connection with the Site may be trademarks of their respective owners. You are granted no right or license in any of these trademarks.

 

You shall not, and shall not attempt to:

  1. Use the Site to submit, store, transmit, or process malicious code, worms or viruses;

 

  1. Use the Site to submit, store, transmit, or process data that is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) libelous or defamatory; (c) fraudulent, tortious or unlawful; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) infringing of any person's rights, any applicable laws, or Your obligations to any third party;

 

  1. Use the Site to submit, store, transmit or process data that would give rise to criminal or civil liability or that encourages unlawful activity;

 

  1. Gain unauthorized access to the Site or to Our systems or networks;

 

  1. Except as otherwise expressly permitted, reproduce, duplicate, copy, sell, resell, rent, sublicense, transfer, lease, make available, or exploit the Site or its content;

 

  1. Interfere with or disrupt the integrity or performance of the Site or third-party content contained therein;

 

  1. Impersonate any person or entity or misrepresent Your affiliation with any person or entity in connection with the Site;

 

  1. Reverse engineer, disassemble, or decompile the Site or apply any other process or procedure to derive the source code of any software included in the Site;

 

  1. Remove any copyright, trademark, or other proprietary rights notice from the Site.

 

GENERAL TERMS

 

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, as if performed wholly within the state and without giving effect to the principles of conflict of law.

Severability. If any provision of these Terms are held by a court of competent jurisdiction to be contrary to law, invalid or unenforceable, the provision shall be modified by the court and interpreted so as best to accomplish the objectives and intent of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms but the remainder of these Terms will remain in full force and effect.

Assignment. You may not assign, delegate or sublicense any of Your rights or obligations hereunder, whether by operation of law or otherwise, without Our prior written consent. Any assignment or transfer in violation of this Section will be void.

No waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or of any other right or provision. All waivers must be in writing to be effective.

Entire Agreement. These Terms constitute the entire agreement between You and Us regarding use of the Site and shall supersede any prior agreements between You and Us concerning the Site (including any prior versions of these Terms). These Terms do not amend any other separate agreement you may have with Us.

Notices to You. We may provide You with notices regarding the Site, including changes to these Terms, by email to Your email address (and/or other alternate email address associated with your customer records, if provided), by regular mail, or by postings on the Site. Notices that are provided by posting on Site will be effective three (3) days after posting. Notices that are provided by email will be effective when We send the email. It is Your responsibility to keep Your email address current. You will be deemed to have received any email sent to the email address then associated with Your account when We send the email, whether or not You actually receive the email.

Language. All communications and notices to be made or given pursuant to these Terms must be in the English language.

Survival. The sections which, by their nature, shall survive the termination or expiration of these Terms include, without limitation: Disclaimer and Warranties, Limitation of Liability, and 9 General Terms.

Electronic Transactions. You consent to receiving electronic communications and notifications from Us in connection with your use of the Service and these Terms. You agree that any such communication will satisfy any legal communication requirements, including that such communications be in writing.