This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Ambientshop. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase resend an e-mail to info@ambientshop.com or by contacting your sales representative.

1. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Ambientshop`s sole discretion, and unless otherwise agreed to by Ambientshop, payment must be received by Ambientshop prior to Ambientshop`s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Ambientshop. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Ambientshop may invoice parts of an order separately. Your order is subject to cancellation by Ambientshop, at Ambientshop`s sole discretion. Unless you and Ambientshop have agreed to a different discount, Ambientshop`s standard pricing policy for Ambientshop-branded produtcs, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. Ambientshop is not responsible for pricing, typographical, or other errors, in any offer by Ambientshop and reserves the right to cancel any orders resulting from such errors.

2. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from Ambientshop to Customer on shipment from Ambientshop`s facility. Loss or damage that occurs during shipping by a carrier selected by Ambientshop is Ambientshop`s s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Ambientshop within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Ambientshop with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.

3. You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Ambientshop, Ambientshop is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Ambientshop`s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.

4. Changed or Discontinued Product. Ambientshop`s policy is one of ongoing update and revision. Ambientshop may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." Ambientshop will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.

5. Service and Support. Service offerings may vary from Product to Product. If you purchase optional services and support from Ambientshop, Ambientshop and/or your third-party service provider will provide such service and support to you in the United States in accordance with the terms and conditions located at http://www.bulbs-unlimited.com/agb_en.htm or as mailed to you. You may contact Ambientshop.

6. Ambientshop and/or the third-party service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Ambientshop has no obligation to provide service or support until Ambientshop has received full payment for the Product or service/support contract you purchased. Ambientshop is not obligated to provide service or support you purchase through a third party and not Ambientshop.

7. Limitation of Liability. Ambientshop DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AMBIENTSHOP WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, AMBIENTSHOP IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

8. Applicable Law; Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export. Ambientshop has separate terms and conditions governing resale of Product by third parties and transactions outside the United States.

9. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND AMBIENTSHOP arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Ambientshop`s advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

10. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

11. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND AMBIENTSHOP, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, " Ambientshop") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Ambientshop`s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect

12. The arbitration will be limited solely to the dispute or controversy between customer and Ambientshop. NEITHER CUSTOMER NOR AMBIENTSHOP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Ambientshop will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

         
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