The following are blueglobes, llc’s Terms and Conditions of sale.

Returns

All returns must be authorized by blueglobes, inc. within 30 days of the invoice date. Within thirty (30) days of purchase, we will replace or repair, at our sole discretion, any product that is deemed defective. After 30 days, the manufacturer's warranty process must be followed.

All non-defective returns authorized by blueglobes, inc. are subject to a 15% restocking fee. Suitable return packaging, insurance and freight are to be paid by the customer. Products in this category must be returned within 30 days from date of invoice. For additional information, please refer to the blueglobes, inc. Cancellations and Returns Policy.

Warranty Information

All products are sold with the original manufacturer's warranty, if any, that accompanies the product. This warranty information will be furnished to the customer on request, prior to purchase. blueglobes, inc. makes no additional or independent warranty. All other warranties, express or implied, including the warranties of merchantability and fitness for a particular purpose are disclaimed. blueglobes, inc. shall under no circumstances be liable for special, incidental, or consequential damages including loss of use, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.

Errors and Omissions

blueglobes, inc. makes every effort to ensure the accuracy of the information published in our printed literature, mailins, sales information and on our web site. However, the documents and graphics published by blueglobes, inc. including those represented on this site may contain technical inaccuracies or typographical errors. blueglobes, inc. makes no representations about the suitability of the information and graphics presented on this site. All such documents and graphics, electronic and/or printed, are provided "as is" without warranty of any kind.

If an error is made and a product is listed at an incorrect price, blueglobes, inc. shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to the customer’s credit card, blueglobes, inc. shall immediately issue a credit in the amount of the incorrect price.

In the event, a blueglobes, inc. price is quoted in another company’s documentation and/or website, blueglobes, inc. does not guarantee that price.

blueglobes, inc. Standard Terms of Sale

All sales are subject to the following terms and conditions:

Customer Acknowledgment.

Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from blueglobes, inc.

All Sales Made In Colorado. Our physical location is 1671 64.50 Road, Montrose, Colorado 81401.

All sales shall be deemed made in the State of Colorado, USA, regardless of the location of the Customer.

The Customer agrees that any dispute with blueglobes, inc. arising out of the Customer's purchase from blueglobes, inc. shall be brought by the Customer exclusively in the state or federal courts situated in the State of Colroado; and the Customer hereby agrees that such venue is appropriate and that blueglobes, inc.'s agreement to sell and deliver products to the Customer is dependent on this provision.

Purchase Price.
(a) Prices are listed in blueglobes, inc.'s web site, and are subject to change without notice. Prices for certain governmental, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties.

(b) Payment is due before shipment, unless credit terms have been arranged in advance with blueglobes, inc.'s Credit Department. In such case, payment terms shall be as set forth in the credit agreement.

(c) blueglobes, inc. does not collect sales and use taxes for sales made to municipalities, other governmental agencies and or agents acting on behalf of government-owned facilities. blueglobes, inc. shall not be liable for handling or customs charges for shipments outside the United States.

Shipping Terms.
Shipping terms are: F.O.B. blueglobes, inc. Shipping Center. Shipping Centers are located in Colorado, Florida, Nebraska and Ohio. blueglobes, inc. will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Risk of loss is upon Customer once blueglobes, inc. delivers the Product to the carrier. Delivery times are estimates only and blueglobes, inc. shall not be liable for delays.

LIMITED MANUFACTURER'S WARRANTY.
(a) blueglobes, inc. warrants that it has good title to the hardware Products it sells
(b) blueglobes, inc. does not warrant the performance or integrity of any Product, but merely passes through to the Customer whatever end-user warranty the manufacturers provide with their respective Products.
(c) blueglobes, inc. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY.
IN NO EVENT SHALL blueglobes, inc. BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER'S END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL blueglobes, inc.'S LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM blueglobes, inc. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.

Returns.
Returns of Products are subject to blueglobes, inc.'s current Returns and Cancellations Policy, which is available on its web site and subject to any additional or lesser return rights adopted by the manufacturer. Please refer to the blueglobes, inc. Cancellations and Returns Policy

Exclusive Agreement.
These Terms of Sale represent the complete and final agreement between the Customer and blueglobes, inc. for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in blueglobes, inc.'s invoice for the relevant sale. Terms contained in Customers' purchase orders, offers to buy, terms and conditions, and the like shall have no effect.

General.
(a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of Colorado.

(b) In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.

(c) blueglobes, inc. shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.

(a) These Terms of Sale may be modified from time to time by blueglobes, inc. without notice, and are current as of the date of the then current catalog or Web site. Please refer to the current catalog or Web site.

© blueglobes, inc. 2002. All rights reserved. All trademarks remain the property of their respective companies.

We welcome your comments and questions.