|Terms & Conditions
TERMS & CONDITIONS
1. APPLICATION OF TERMS AND CONDITIONS OF SALE
The following terms and conditions shall govern the sale by the entity ("Klaus Music" or "Seller") named on the invoice that will be provided to Customer for orders for computer systems and/or related products sold by Klaus Music, unless Customer has signed a separate formal purchase agreement with Klaus Music
By ordering products on Klaus Music's on-line store or by accepting delivery of the products described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. Klaus Music reserves the right to change these terms and conditions without prior written notice at any time, at Klaus Music's sole discretion.
2. OTHER DOCUMENTS DO NOT APPLY
These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by Klaus Music
3. PAYMENT TERMS
Terms of payment shall be determined at Klaus Music's discretion and otherwise agreed to by, Klaus Music Payment must be received by Klaus Music prior to Klaus Music's acceptance of Customer's order. Payment shall be made by credit card, check or some other pre-arranged method of payment acceptable to Klaus Music
Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and Klaus Music shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.
4. PRICES, SHIPPING AND HANDLING CHARGES AND TAXES
Klaus Music will only ship to U.S. locations. All prices do not include charges for shipping and handling, and taxes. Separate charges for shipping and handling will be shown on the invoice. Klaus Music is obligated to withhold sales tax for delivery within Texas. Unless Customer provides Klaus Music with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Klaus Music's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order.
5. LIMITED WARRANTY
A limited warranty statement will be included with each product shipped to Customer. Klaus Music reserves the right to modify its warranty statement at any time, in its sole discretion. Klaus Music will be obligated to honor any such warranty only upon Klaus Music's receipt of payment in full for the product to be warranted.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, KLAUS MUSIC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. KLAUS MUSIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
6. PRODUCTS AVAILABILITY
Product availability may be limited. Products may not be available for immediate delivery. Klaus Music reserves the right, without liability or prior notice, to revise or cease to make available any or all products or to cancel any order. If there is any revision or cessation, Klaus Music may ship products which have the functionality and specifications of the products ordered but there will be differences in the specifications between what was shipped and what was ordered.
7. EXCLUSION AND LIMITATION OF LIABILITY
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, KLAUS MUSIC SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL KLAUS MUSIC BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF KLAUS MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
KLAUS MUSIC SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF KLAUS MUSIC
8. GOVERNING LAW AND JURISDICTION
The sale of products shall be governed by the laws of the State of Texas excluding the conflict or choice of law provisions. Venue and jurisdiction for all disputes will lie in exclusively Colleyville, Texas.
9. EXPORT CONTROL
Products purchased or received under these terms and conditions shall be subject to export laws and regulations of the United States of America.
The headings of each of these terms and conditions are for convenience of reference only and shall not form part of these terms and conditions. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
11. RETURN POLICIES.
Klaus Music products that are purchased directly from Klaus Music by an end-user. Customer may return the product only in accordance with Klaus Music's return policy in effect on the date of the invoice.
Klaus Music's policy is one of on-going product update and revision. Klaus Music may revise and discontinue products at any time. Klaus Music 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 or catalog are possible.
13. SERVICE AND SUPPORT
Klaus Music endeavors to provide the best customer and technical support. For end-user Customers, Klaus Music promises that its support people will attempt to handle over the telephone and email any problem involving Klaus Music products. Klaus Music will make on-site service available to Customer in the United States in accordance with the then-current terms and conditions set by Klaus Music and/or the third-party service provider.
14. NO ASSIGNMENT
Customer may not assign its rights or obligations under this Agreement without the express written consent of Klaus Music
15. INVALIDITY OF PROVISIONS
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
17. APPLICABLE LAWS; NOT FOR RESALE
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
18. TRADEMARKS AND COPYRIGHT NOTICE
Klaus Music, the Klaus Music logo, and the Klaus Music products referred to herein are either the trademarks or the registered trademarks of Klaus Music. The absence of a product name or logo on this web site does not constitute a waiver of Klaus Music's trademark or other intellectual property rights concerning that name or logo.