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Legal
Terms and Policies
Shipping
All items
are shipped FOB
ARCADEDLX’s
facilities. The customer MUST open and inspect the
arcade machine or case before signing for the delivery.
In the event that any arcade or case arrives damaged the
customer must note the damage on the air bill, next to
the customer's signature. Additionally, in the event of
a damaged shipment the customer must open a claim with
the shipper within 1 business day and cooperate with the
claim process in a timely manner. Unless otherwise
stated all items come with a 90 day warranty. All issues
with items that have a manufacturer’s warranty must be
handled by the manufacturer.
ARCADEDLX
will not warrantee these items or work with the
manufacturer on the customer’s behalf.
Returns
All Arcade
Cabinets (except Custom Units) can be returned in 15
days after purchase. All returns must be in new or like
new condition and are subject to a 25% restocking fee.
Before returning any item please obtain an RMA number.
Please display the RMA number it must be clearly on the
package. Packages without a valid RMA number will not be
accepted. Buyer is responsible for return shipping
charges including packing. Shipping and handling fees
are non-refundable.
Disclaimer
By
placing an order with
ARCADEDLX,
a customer has agreed to the terms and conditions of the
sale as indicated by this website. By placing an order,
a customer has agreed to the total dollar amount of the
sale and authorized
ARCADEDLX
to collect payment via the payment method the customer
specified. We reserve the right to replace any item or
part with an equal or better product at our discretion. ARCADEDLX
attempts to be as accurate as possible in our content
and pricing. However, we can not guarantee that the
product descriptions/specifications, pricing or any
other content on the site is accurate, complete, or
current. In the event that a product is listed at an
incorrect price due to typographical, photographic, or
technical error or error in pricing information received
from our suppliers,
ARCADEDLX
shall have
the right to refuse or cancel any orders placed for
product listed at the incorrect price.
ARCADEDLX
reserves the right to refund payment if an item is
unavailable or on back order.
Shipping
rates may not be valid for rural areas or destinations
considered beyond points by our shipper. In the event
that an item cannot be shipped for the shipping fee
collected
ARCADEDLX
will offer the customer the option of paying an
additional shipping fee.
Delivery
does not include inside delivery or setup. Drivers will
not delivery up stairs or to any location they deem
unsafe. Delivery is normally made to a garage or front
door. Driver has the option of delivering just inside or
outside the front door. The customer is responsible
ensuring save movement of the arcade machine after
delivery.
Terms
By
accessing this web site, you are agreeing to be bound by
these web site Terms and Conditions of Use, all
applicable laws and regulations, and agree that you are
responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you
are prohibited from using or accessing this site. The
materials contained in this web site are protected by
applicable copyright and trade mark law.
Limitations
In no
event shall
ARCADEDLX
or its suppliers be liable for any damages (including,
without limitation, damages for loss of data or profit,
or due to business interruption,) arising out of the use
or inability to use the materials on the
ARCADEDLX
Internet site, even if
ARCADEDLX
or a
ARCADEDLX
authorized representative has been notified orally or in
writing of the possibility of such damage. Because some
jurisdictions do not allow limitations on implied
warranties, or limitations of liability for
consequential or incidental damages, these limitations
may not apply to you.
Revisions
The
materials appearing on the
ARCADEDLX
web site could include technical, typographical, or
photographic errors.
ARCADEDLX
does not warrant that any of the materials on its web
site are accurate, complete, or current.
ARCADEDLX
may make changes to the materials contained on its web
site at any time without notice.
ARCADEDLX
does not, however, make any commitment to update the
materials.
Links
ARCADEDLX
has not reviewed all of the sites linked to its Internet
web site and is not responsible for the contents of any
such linked site. The inclusion of any link does not
imply endorsement by
ARCADEDLX
of the site. Use of any such linked web site is at the
user's own risk.
Site Terms
of Use Modifications
ARCADEDLX
may revise these terms of use for its web site at any
time without notice. By using this web site you are
agreeing to be bound by the then current version of
these Terms and Conditions of Use.
This Standard Terms and
Conditions for Sale Agreement (“Agreement”) contains the
terms and conditions that apply to any order, purchase,
receipt, delivery or use of any products from
ARCADEDLX or
any of its subsidiaries or affiliates (collectively,
“ARCADEDLX”). By accepting delivery of the product(s)
purchased from
ARCADEDLX and described on your
invoice, you agree to be bound by and accept the
following terms and conditions. Any attempt to
alter, supplement or amend this document or to enter
an order for a product(s) that is subject to
additional or altered terms and conditions will be
null and void, unless otherwise agreed to in a
written agreement signed by both you and
ARCADEDLX.
These terms and conditions are subject to change
without prior written notice at any time, in
ARCADEDLX’s sole discretion.
Definitions.
-
1.1 “We”, “us” and/or “our”
means
ARCADEDLX.
-
1.2 “You” or “your” means the
individual or entity named on the invoice.
Payment Terms, Orders, and
Interest.
Advertised prices are in U.S. dollars and,
unless otherwise noted, exclude shipping,
handling and any taxes that may be imposed by
the legal authority that governs the
jurisdiction in which you reside. We reserve the
right to cancel an order or transaction, in
whole or in part. Terms of payment are within
ARCADEDLX’s sole discretion, and unless
otherwise agreed to in writing by
ARCADEDLX,
payment must be received by
ARCADEDLX before
ARCADEDLX’s acceptance of an order. Invoice
amounts are due and payable within the period
noted on the invoice, measured from the date of
the invoice.
ARCADEDLX may invoice parts of an
order separately. You agree to pay interest on
all past-due sums at the highest rate allowed by
law.
ARCADEDLX is not responsible for pricing,
typographical or other errors in any offer by
ARCADEDLX and we reserve the unilateral right to
cancel any orders resulting from such errors.
Taxes.
Unless you provide
ARCADEDLX 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, Title and Risk of Loss.
Shipping and handling are additional unless
otherwise expressly indicated at the time of
sale. Loss or damage that occurs during shipping
by a carrier selected by
ARCADEDLX is
ARCADEDLX’s responsibility. Loss or damage that
occurs during shipping by a carrier selected by
you is your responsibility. Title to software
remains with the licensor of the software. Your
use of software is subject to license agreements
applicable to the software. Shipping dates are
only estimates. You must notify
ARCADEDLX of
damaged or missing items from your order within
fourteen (14) calendar days after you receive
your product.
Return Policy
You may return
ARCADEDLX-branded products
purchased directly from
ARCADEDLX in accordance
with
ARCADEDLX’s
Return Policy.
Terms
Continued
Please keep in mind that, among other things,
you: (a) must contact us directly before you
attempt to return the product; (b) must return
the product to us in its original or equivalent
packaging; and (c) are responsible for risk of
loss and 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
ARCADEDLX,
ARCADEDLX is not responsible
whatsoever for Product that is lost, damaged,
modified or otherwise processed for disposal or
resale.
Limited Product Warranty and Disclaimer of Warranties.
THE LIMITED PRODUCT WARRANTY APPLICABLE TO
ARCADEDLX-BRANDED
PRODUCTS MAY BE VIEWED ON-LINE.THERE ARE NO WARRANTIES FOR SOFTWARE, SERVICES
OR NON-ARCADEDLX BRANDED PRODUCTS, WHICH
PRODUCTS AND SERVICES ARE PROVIDED "AS IS".
WARRANTY AND SERVICE FOR NON-ARCADEDLX BRANDED
PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL
MANUFACTURER, AND NOT BY
ARCADEDLX.
ARCADEDLX
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT
THOSE STATED IN THIS SECTION AND IN
ARCADEDLX’S
APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE
DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE
EFFECTIVE DURING THE RELEVANT PERIOD, AND
ARCADEDLX WILL BE OBLIGATED TO HONOR ANY SUCH
WARRANTY ONLY UPON
ARCADEDLX’S RECEIPT OF
PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
LIMITATION OF LIABILITY
ARCADEDLX
DOES NOT ACCEPT LIABILITY BEYOND THE
REMEDIES SET FORTH HEREIN, INCLUDING ANY
LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR
USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR
THE PROVISION OF SERVICES AND SUPPORT.
ARCADEDLX
WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF
BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL,
INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY
PROVIDED HEREIN. YOU AGREE THAT FOR ANY
LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR
SERVICES BUNDLED WITH THE PRODUCTS,
ARCADEDLX
IS
NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF
DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU
PAID FOR THE PURCHASE GOVERNED BY THIS
AGREEMENT.
Software
All software is provided subject to the license
agreement that is part of the package you
receive from
ARCADEDLX. You agree to be bound by
the license agreement once the package is opened
or its seal is broken.
ARCADEDLX
does not
warrant any software under this Agreement.
Products
ARCADEDLX
continually upgrades and revises its
products and service offerings.
ARCADEDLX
may
revise and discontinue products at any time
without prior notice to customers.
ARCADEDLX
will ship products that have the functionality
and performance of the products ordered, but
changes between what is shipped and what is
described in a specification sheet are possible.
The parts and assemblies used in building
ARCADEDLX
products are selected from new and
equivalent-to-new parts and assemblies in
accordance with industry practices. Spare parts
may be new or reconditioned. The quoted
ARCADEDLX
SKU numbers for
ARCADEDLX-branded
hardware products are of the quality specified
by
ARCADEDLX
on its website and conform in all
material respects with the
ARCADEDLX
product
specification current on the date such products
were shipped.
Binding Arbitration
You and
ARCADEDLX agree that any claim, dispute
or controversy, whether in contract, tort or
otherwise, and whether preexisting, present or
future, and including statutory, common law,
intentional tort and equitable claims
(“Dispute”) against
ARCADEDLX, its shareholders,
directors, employees, agents, successors,
assigns or affiliates arising from, in
connection with 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),
ARCADEDLX's
advertising or any related purchase SHALL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (available via the Internet at
http://www.arb-forum.com, or via telephone
at 800.474.2371) under its Code of Procedure
then in effect. This transaction involves
interstate commerce, and this provision shall be
governed by the Federal Arbitration Act 9 United
States Code, sections 1-16. Any award of the
arbitrators shall be final and binding on each
of the parties, and may be entered as a judgment
in any court of competent jurisdiction. YOU
UNDERSTAND THAT, IN THE ABSENCE OF THIS
PROVISION, YOU WOULD HAVE HAD A RIGHT TO
LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE
RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR
CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY
AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO
RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION
IN
Governing Law.
This Agreement and any sales hereunder shall be
governed by the laws of the state of Illinois,
without regard to conflicts of laws principles,
and excluding the United Nations Convention on
the International Sale of Goods.
Export.
You acknowledge that the purchased goods
licensed or sold under this Agreement, and the
transaction contemplated by this Agreement,
which may include technology and software, are
subject to the customs and export control laws
and regulations of the United States, and may
also be subject to the customs and export laws
and regulations of the country in which the
products are manufactured and/or received.
Further, under United States law, the goods
shipped pursuant to this Agreement may not be
sold, leased, or otherwise transferred to
restricted countries or utilized by restricted
end-users or an end-user engaged in activities
related to weapons of mass destruction,
including activities related to the design,
development production or use of nuclear
weapons, materials, facilities, missiles or the
support of missile projects, and chemical or
biological weapons. You agree not to provide any
written regulatory certifications or
notifications on behalf of
ARCADEDLX.
ARCADEDLX
has not tested product for use in high-risk
activities including any life sustaining,
chemical, or mission critical use.
ARCADEDLX
WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES
ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH
RISK ACTIVITY, INCLUDING THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS
SYSTEMS.
Miscellaneous Provisions
You will not register or use any Internet domain
name that contains an
ARCADEDLX
trademark or
trade name (i.e.,
ARCADEDLX) in whole or in part
or any other name that is confusingly similar
thereto. 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. If any term of this Agreement is
found by a court of competent jurisdiction to be
unenforceable, the enforceability of the
remaining provisions shall not be affected or
impaired.
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