Terms and Conditions of Use
These terms and conditions govern your use of this web site (the "Web Site") operated by COLAMCO, Inc. ("COLAMCO"). By using this Web Site you consent and agree to these terms and conditions, as amended. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CEASE IMMEDIATELY ALL USAGE OF THIS WEB SITE.
Important Information About These Terms and Conditions
These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either "Terms and Conditions" or this "Agreement". Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or shopping on any Seller Website or Mobile Application (each, a "Site") or otherwise requesting products (the “Products”) or engaging Seller to perform or procure any Services (as this and all capitalized terms are defined herein). These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on a Site at the time Customer places an order or signs a Statement of Work will govern the order in question, unless otherwise agreed in writing by Seller and Customer.
Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Seller. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details. Electronic signatures (or copies of signatures sent via electronic means) are the equivalent of written and signed documents.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions or any purchase order or invoice, or any document in electronic or written form that is signed and delivered by each of the parties for the performance of Services other than Third Party Services (each, a “Statement of Work”). This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof.
COLAMCO makes no claim of ownership to the trademarks of any manufacturer or merchant (collectively, the "Vendor") whose products are listed on this Web Site, or for any publisher or publication mentioned on this Web Site, including any goodwill that arises from the use of those trademarks. All trademarks are the property of their respective owners. You may not use the HeadphonesRoad logo, COLAMCO logo, COLAMCO trademark, or COLAMCO's name or trademarks, or other proprietary graphic without the prior written permission of COLAMCO.
Accuracy of Information
Product specifications and other information are provided by the Vendors or collected from publicly available sources. While COLAMCO makes every effort to ensure that the information on this Web Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Web Site.
COLAMCO makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you hereby acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Mention of third-party products or services, including the use of trademarks or links to the web sites of Vendors, is for informational purposes only and constitutes neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors does not imply, directly or indirectly, that those Vendors endorse or have any affiliation with COLAMCO.
Links to External Sites
COLAMCO may contain links to other sites on the internet, which are owned and operated by Vendors or other third parties. You acknowledge that COLAMCO is not responsible for the availability of, or the content located on or through any External Site.
Permitted Use of Content
You hereby agree that you will not modify, copy, redistribute, transmit, display, perform, mirror, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from this Web Site without the express permission of COLAMCO or the owners of such Content if other than COLAMCO. You may download or copy content from this Web Site only for your own personal use or for the internal use of your organization, provided that you maintain all copyright and other notices contained in such content.
Posting and Transmitting to a Site
You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. COLAMCO reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.
Termination of Usage
COLAMCO may suspend or terminate any User's access to all or any part of this Website including any account thereon, without notice, for any reason in COLAMCO's sole discretion, including without limitation COLAMCO's belief that such access would violate any applicable law or would be harmful to the interests of any COLAMCO Provider or another User.
Every User is responsible for (i) keeping such User's COLAMCO account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's account.
DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that your use of COLAMCO.COM is at your sole risk. COLAMCO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE SITE, ITS CONTENT AND PRODUCTS AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED TO YOU AND ANYONE ELSE ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COLAMCO AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COLAMCO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, USEFULNESS, COMPLETENESS, EFFECTIVENESS OR TIMELINESS OF THE CONTENT, PRODUCTS, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE SITE. ANY USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THIS WEBSITE.
To the fullest extent of the law, COLAMCO, its employees and representatives, specifically disclaim any and all implied or expressed warranties relating to this web site and or its content, including but not limited to implied warranties of merchantability, completeness, correctness, non-infringement, or fitness for any particular purpose.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT NEITHER COLAMCO NOR ANY OF OUR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, INJURY OR DAMAGE AS A RESULT OF YOUR USE OR MISUSE OF THE SITE OR ANY CONTENT, PRODUCT OR INFORMATION AVAILABLE OR NOT AVAILABLE THROUGH IT. IN NO EVENT SHALL COLAMCO, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, ANY SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, DAMAGES RESULTING FROM LOST RECORDS OR DATA, INTERRUPTION, DOWNTIME, INCORRECT LINKAGE, DELAY, INACCURACY OR OTHER NONPERFORMANCE, ANY DAMAGES RELATING TO YOUR USE OR RELIANCE UPON THE SITE OR THE CONTENT, SERVICES OR OTHER INFORMATION CONTAINED THEREIN OR WITH REGARD TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, NON-TIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR SUPPLIERS. THIS LIMITATION OF DAMAGES SHALL APPLY REGARDLESS OF WHETHER YOU OR ANYONE ELSE HAS ADVISED COLAMCO OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATION OF LIABILITIES, SO ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE COLAMCO.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS AS AMENDED, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF FLORIDA, UNITED STATES OF AMERICA.
COLAMCO Inc. Terms and Conditions of Sale
Any agreement for the purchase of goods and/or services from COLAMCO shall be governed by and is made subject to these COLAMCO Inc. Terms and Conditions of Sales Policies stated below (collectively, the "Agreement"). This Agreement constitutes the entire agreement between the parties relating to the products and services provided by COLAMCO to Customer. This Agreement may not be amended or modified except when customer and COLAMCO have signed a separate agreement, in which case the separate agreement will govern. COLAMCO may, at its sole option, revise the Agreement from time to time without notice to Customer by posting the revised Agreement terms on its web site. By ordering any product or service via this Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted. Prices and availability are subject to change without notice.
COLAMCO obtains content data from distributors, manufacturers, and content providers. While COLAMCO makes every effort to ensure the accuracy of this data, this web site may include technical or typographical errors. Product images do not necessarily represent the actual product. COLAMCO reserves the right to make changes to such data and this web site at any time. COLAMCO Inc. makes no warranty of any kind with respect to the data on or obtained from this web site, or the accuracy of advice given by COLAMCO employees, whether or not such advice is made in writing. Typographical, product description, pricing and other errors are subject to correction by COLAMCO even after orders and/or payments are accepted.
Pricing Information; Availability Disclaimer
Seller reserves the right to make adjustments to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. Therefore, Seller cannot guarantee that it will be able to fulfill Customer’s orders even after orders and/or payments are accepted. If Services are being performed on a time and materials basis, any estimates provided by Seller are for planning purposes only.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. COLAMCO reserves the right at any time after receipt of your order to accept or decline your order for any reason. COLAMCO reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All placed orders must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before processing any order.
Payment Terms, taxes, and other charges
Until accepted by COLAMCO, orders are not binding upon COLAMCO. Terms of payment are within COLAMCO’s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice issue. COLAMCO may invoice parts of an order separately. Customer agrees to pay interest on all past-due amounts at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold COLAMCO harmless from, any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of COLAMCO’s costs of collection, including but not limited to court costs, filing fees and attorney’s fees.
COLAMCO collects sales taxes for the states of California, Florida, Georgia, Maryland, Massachusetts, Tennessee, Virginia, Texas, Washington D.C and Colorado. If you are tax exempt from California, Florida, Georgia, Maryland, Massachusetts, Tennessee, Virginia, Texas, Washington D.C or Colorado, please fax or email a copy of your sales tax certificate. Without a valid copy of your certificate, we are unable to waive the sales tax collection. Please note that we are not able to waive sales tax for Massachusetts.
Products purchased on this web site will be delivered f. o. b. from COLAMCO’s warehouses or any of COLAMCO’s suppliers that are shipping directly to the customer on behalf of COLAMCO. The risk of loss shall pass to the customer when the product is delivered to the transportation carrier, regardless of who is responsible for transportation charges and terms of shipment. COLAMCO and our suppliers are not responsible for any damages during shipment. COLAMCO will use its best efforts to meet the delivery time stated at the time of order placement. Under no circumstance will COLAMCO guarantee product delivery at the stated time of order placement, nor are we responsible for any damages caused by the failure to meet the delivery time.
In addition to any specific Customer duties set forth in any applicable Statement of Work, Customer agrees to cooperate with Seller in connection with performance of the Services by providing: (i) timely responses to Seller's inquiries and requests for approvals and authorizations, (ii) access to any information or materials reasonably requested by Seller which are necessary or useful as determined by Seller in connection with providing the Services, including, but not limited to, physical and computer access to Customer's computer systems, and (iii) all Required Consents necessary for Seller to provide the Services. "Required Consents" means consents or approvals required to give Seller, its Affiliates, and its and their subcontractors the right or license to access, use and modify all data and third party products. Customer acknowledges and agrees that the Services are dependent upon the completeness and accuracy of information provided by Customer and the knowledge and cooperation of the agents, employees or subcontractors (“Personnel”) engaged or appointed by Customer who are selected by Customer to work with Seller.
Seller will follow all reasonable Customer security rules and procedures, as communicated in writing by Customer to Seller from time to time.
Products Purchased for Export
COLAMCO ships product only within the United States. If products are being purchased for purposes of export, customer is responsible and must obtain from the U.S. government certain export documentation before shipping to a foreign country. Some manufacturer’s warranties are valid only in the U.S. and may be invalid and void in a foreign country. Electrical and other standards vary from country to country; US product may be damaged if used with the incorrect electrical standards.
Products are available for purchase for Buyer's own personal use or to give as a gift, only. Resale of Products purchased under these Terms is expressly prohibited. This resale prohibition is a material condition to Buyer's rights under these Terms, and it is agreed that any direct or indirect distribution, transshipment and/or sale of Products by Buyer or others purchasing through Buyer will be a material breach of these Terms and will result in irreparable harm to COLAMCO for which money damages will not be adequate. In the event of such breach, the parties agree that COLAMCO, in addition to any other remedies it may have at law and/or in equity, will be entitled to injunctive relief to prevent any threatened or continued breach, and to specifically protect and enforce this provision.
COLAMCO is not the manufacturer of the products purchased by customer from COLAMCO. In purchasing the product, the customer is relying of the manufacturer’s specifications only and is not relying on any specifications, statements, photographs or other illustrations produced by COLAMCO. All products and or services provided by third parties are provided on an "as-is" basis, and COLAMCO makes no warranty with respect to such third party products or services. All products are subject to their respective manufacturers warranties and COLAMCO, its employees and representatives, to the fullest extent of the law, specifically disclaim any and all implied or expressed warranties relating to the products purchased on this web site, including but not limited to implied warranties of merchantability, completeness, correctness, non-infringement, or fitness for any particular purpose.
Governing Law and Venue
This Agreement, the entire relationship between you and COLAMCO, and any litigation or other legal proceeding between you and COLAMCO (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its choice of law rules.