TERMS OF SALE
Please read the following Terms and Conditions of Sale (the “Terms of Sale”) before you place your order. THESE TERMS OF SALE REQUIRE THE BINDING ARBITRATION OF ANY AND ALL DISPUTES AND YOUR WAIVER OF CERTAIN RIGHTS TO CLASSWIDE ARBITRATION AS PROVIDED IN SECTION 9, “Arbitration, Waiver of Classwide Arbitration, Governing Law & Venue,” ALL OF WHICH YOU SHOULD READ. By submitting your order, you certify that you have read and agree to all of these Terms of Sale. If you do not understand or accept the Terms of Sale, please do not submit an order.
1. General Applicability.
These Terms of Sale shall govern the direct sale of electronics and related products (the “Product” or “Products”) by Pioneer Electronics (USA) Inc. (“Pioneer”) to customers in the United States (“Customer” or “you”), unless you have entered into a separately signed sales agreement with Pioneer. Pioneer sells and ships Products only within the United States.
2. Changes/Modifications to these Terms of Sale.
Pioneer reserves the right in its sole discretion to change these Terms of Sale without prior notice. These Terms of Sale may not be supplemented, modified or altered by the use of any other documents, including but not limited to emails. Any attempt to supplement, modify or alter these Terms of Sale will be null and void unless agreed to in a writing signed by an authorized officer of Pioneer.
3. Acceptance of Orders by Pioneer.
All orders of Products are not binding until accepted by Pioneer through its order-processing provider, Kibo Software Inc. Notwithstanding any order confirmations or other communications sent to you by Kibo, your order shall not be deemed to be accepted by Pioneer until Pioneer ships the ordered Products to you.
4. Payment Terms & Title.
Unless otherwise stated, you will be billed in full and your credit card charged for the purchase price of the ordered Products at the time Products are shipped. Pioneer only accepts the forms of payment indicated on its website for direct consumer sales. Title to the Product you have ordered passes from Pioneer to you upon shipment to you from Pioneer’s facility. Title to any software shall remain with the applicable licensor(s).
5. Products Not for Resale.
You agree and represent to Pioneer that you are buying Products solely for personal use and not for resale.
6. Prices, Products and Configurations Subject to Change/Discontinuance. Product prices do not include taxes, to the extent applicable, and do not include shipping and handling. During the checkout process, those costs will be added and included on your invoice/receipt. Products are offered while supplies last. Products offered for sale may be added or removed at any time without notice. Pioneer is not liable for typographical errors or mistakes. If the correct price is lower than the stated price, Pioneer will charge you the lower price. If the correct price is higher than the stated price, Pioneer will, in its discretion, either contact you for further instruction or cancel your order and notify you of its cancellation.
7. Limited Warranty.
Pioneer makes no warranties except those stated in the manufacturer’s limited warranty included with the Product. Pioneer does not warrant any third party Products (i.e., non-‘Pioneer’ branded Products and non-‘Pioneer Elite’ branded Products). The third party manufacturer or supplier of these Products is solely responsible for any warranty claims, and you agree to look solely to such manufacturer or supplier for any warranty claims. PIONEER LIMITS ITS OBLIGATIONS UNDER ANY IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO A PERIOD NOT TO EXCEED THE WARRANTY PERIOD IN THE LIMITED WARRANTY FOR THE PRODUCT. NO WARRANTIES WILL APPLY AFTER THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
You may view a copy of Pioneer’s limited warranty for each product category, including its limitations and exclusions, before ordering Product by clicking the appropriate link below.
Cycle Sports products:
Optical Drive products:
8. Limitation of Liability.
IN THE EVENT OF A BREACH OF THESE TERMS OF SALE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR MAXIMUM LIABILITY AND PIONEER’S MAXIMUM LIABILITY EACH SHALL NOT EXCEED THE TOTAL PRICE YOU PAID FOR THE APPLICABLE PRODUCT(S). IN NO EVENT SHALL EITHER YOU OR PIONEER (OR ITS PARENT OR ITS DIRECT CORPORATE AFFILIATES OR SUPPLIERS OR SERVICE PROVIDERS) BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOST PROFITS OR THE LIKE), OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INLCUDING BUT NOT LIMITED TO NEGLIGENCE OR PRODUCTS LIABILITY) OR ANY OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME, OR FOR ANY CLAIM BY A THIRD PARTY.
9. Arbitration, Waiver of Classwide Arbitration, Governing Law & Venue.
YOU AND PIONEER EACH ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND PIONEER ARISING OUT OF OR RELATING TO (1) THESE TERMS OF SALE (INCLUDING THE VALIDITY OF THIS SECTION 9), AND (2) YOUR PURCHASE OF PRODUCT(S) UNDER THESE TERMS OF SALE (COLLECTIVELY, THE “DISPUTE”) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY A MUTUALLY AGREEABLE NATIONALLY RECOGNIZED ABRITRATION COMPANY PURSUANT TO ITS CODE OF PROCEDURES THEN IN EFFECT FOR CONSUMER-RELATED DISPUTES. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE HAD A RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JURY OR JUDGE, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 9. THE ARBITRATION SHALL OCCUR BEFORE A SINGLE ARBRITRATOR, WHO MUST BE A RETIRED JUDGE OR JUSTICE, IN ONE OF THREE REGIONAL VENUES (NEW YORK, NEW YORK; DALLAS, TEXAS, OR LOS ANGELES, CALIFORNIA), CONSISTENT WITH THE VENUE PROVISION BELOW. WHETHER OR NOT YOU PREVAIL IN THE DISPUTE SO LONG AS YOUR CLAIM IS NOT FOUND TO BE FRIVOLOUS BY THE ARBTRATOR AS MEASURED BY RULE 11(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE, YOU SHALL BE ENTITLED TO BE REIMBURSED FOR YOUR REASONABLE AND ACTUAL TRAVEL EXPENSES AND COSTS OF ARBITRATION, WITHIN THE SOLE DISCRETION OF THE ARBITRATOR. IF THE ARBITRATION AWARD IS EQUAL TO OR GREATER THAN THE AMOUNT YOU DEMANDED IN YOUR ARBITRATION CLAIM, PIONEER WILL PAY FOR YOUR REASONABLE AND ACTUAL ATTORNEYS’ FEES YOU HAVE INCURRED TO ARBITRATE THE DISPUTE. ANY DECISION OR AWARD BY THE ARBITRATOR RENDERED IN AN ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING ON EACH PARTY, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IF EITHER PARTY BRINGS A DISPUTE IN A COURT OR OTHER NON-ARBITRATION FORUM, THE ARBITRATOR OR JUDGE MAY AWARD THE OTHER PARTY ITS REASONABLE COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) INCURRED IN ENFORCING COMPLIANCE WITH THIS BINDING ARBITRATION PROVISION, INCLUDING STAYING OR DISMISSING SUCH DISPUTE.
NEITHER YOU NOR PIONEER SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE HAD A RIGHT TO ARBITRATE A DISPUTE ON A CLASSWIDE OR REPRESENTATIVE BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO ARBITRATE ONLY YOUR OWN DISPUTE(S) IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 9.
NOTWITHSTANDING THE ABOVE AGREEMENT TO ARBITRATE DISPUTES, YOU AND PIONEER EACH ACKNOWLEDGE AND AGREE THAT EITHER PARTY MAY, AS AN ALTERNATIVE TO ARBITRATION, BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT TO RESOLVE A DISPUTE.
THIS AGREEMENT IS TO BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE INTERNAL LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION (OTHER THAN THE INTERNAL LAWS OF THE STATE OF DELAWARE) TO THE RIGHTS AND DUTIES OF THE PARTIES.
EXCEPT FOR INDIVIDUAL SMALL CLAIMS ACTIONS WHICH CAN BE BROUGHT IN ANY SMALL CLAIMS COURT WHERE JURISDICTION AND VENUE ARE PROPER, ANY ARBITRATION, LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY DISPUTE SHALL BE COMMENCED IN (1) NEW YORK, NEW YORK, (2) DALLAS, TEXAS OR (3) LOS ANGELES, CALIFORNIA, AND YOU AND PIONEER EACH IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION AND VENUE OF ANY SUCH PROCEEDING.
10. Product Availability & Shipping Policy.
Pioneer endeavors to ship Products to you in accordance with the estimated lead times provided to you during the checkout process. The estimated lead time is based on product availability, payment processing, and warehousing processing. The estimated lead time does not include shipping time, as you select the method of shipment (and corresponding shipping time) during the checkout process. The estimated lead time is generally 3 to 7 business days for standard shipping, unless stated otherwise for certain Products. The estimated lead time is in business days, which excludes weekends and holidays. Occasionally due to changes in supply, the estimated lead time provided to you may need to be revised. In such circumstances, Pioneer will contact you to provide a revised estimated lead time and/or shipping date. We encourage you to track the delivery status of the Product(s) you ordered by logging in to your account.
11. Return Policy.
Please inspect your Product immediately upon receipt. If you received Product that was damaged upon arrival, dead upon arrival or incorrectly shipped, please call (866) 271 8462 or (866) 271-7209 from 7:00 a.m. to 6:00 p.m. Central Time for a Return Authorization Number (“RA”). Before making the call to obtain a RA, you will need to know the invoice number for the Product you wish to return. You must obtain a RA from Pioneer within 20 days of your receipt of the Product. The Product must be returned to Pioneer within 15 days of the issuance of the RA by a reputable, prepaid, traceable transport of your choice. The exception to this is returned plasma Product, which will be picked up directly from you at a mutually agreeable time and location. All returned Product must be packed carefully in its original packaging, including any accessories, manuals, and documentation that were shipped with the Product. The RA must be clearly marked on the outside of the original packaging of the returned Product. You are responsible for the returned Product while it is in transit to Pioneer; you must insure and/or declare the full value of the returned Product. Shipping and handling are only refundable if you have received Product that was damaged upon arrival, dead upon arrival or incorrectly shipped. If you do not comply with this Return Policy in its entirety, Pioneer reserves right in its sole discretion to refuse delivery of the returned Product. Please allow up to 8 weeks for Pioneer to credit your account for the returned Product. Nothing in this paragraph limits or restricts your rights under the limited warranty for the Product.
12. Taxes & Fees.
Where applicable, taxes and fees will be shown on and added to your receipt/invoice. All such taxes and fees shall be paid by you, or in lieu thereof, you must provide Pioneer with an appropriate exemption certificate.
13. Export Control.
You acknowledge that Product(s) purchased or otherwise received under the Terms of Sale may be subject to United States export control laws and regulations. You warrant and represent that you will not directly or indirectly use, export or re-export Product(s) except as authorized by United States law. In particular, but without limitation, the Product(s) shall not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. You further warrant and represent that you will not directly or indirectly use the Products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. You agree to defend and hold Pioneer harmless against all claims, damages, or other liability resulting from breach of the foregoing.
14. Service & Support.
To obtain customer support with respect to your order (and not with respect to the Product), please explore the links on Kibo’s Your Account page at https://kibo.force.com/consumersupport/s/?language=en_US. If you still need assistance, use the links to contact Kibo Customer Service using Kibo’s “Our Help” center at https://kibo.force.com/consumersupport or call Kibo at (877) 412-7467 or (888) 234-5450.
To obtain customer support with respect to a Product, you can reach Pioneer’s Customer Support Division by either calling (800) 421-1404 from 7:30 a.m. to 11:30 a.m. and 12:30 p.m. to 4:00 p.m. Pacific Time, Monday-Friday (excluding company holidays), or by visiting the Support page on Pioneer’s main website located at http://www.pioneerelectronics.com/PUSA/AboutPioneer/Contact+Us.
To obtain repair service with respect to a Product, Pioneer has appointed a number of Authorized Service Companies throughout the United States. You can locate your closest Authorized Service Company by calling Pioneer’s Customer Support Division (as specified above), or by clicking the “Authorized Service Locator” link on the Service & Support page of Pioneer’s main website (location specified above). To receive warranty service, you will need to present your sales receipt. If shipping Product(s) to obtain service, you will need to package it carefully and send it to an Authorized Service Company by prepaid transport which is traceable and insurable. You are responsible for the Product while it is in transit to the Authorized Service Company; you may want to consider insuring and/or declaring the full value of the Product to completely protect yourself in the event that the shipment is lost or damaged. You should take care to package the Product(s) using adequate padding material to prevent damage in transit (the original packaging is ideal for this purpose). Please include your name, address and telephone number where you can be reached during business hours, when shipping Product to an Authorized Service Company.
15. Force Majeure.
Neither party shall be liable for any delay or failure to perform to the extent caused by or resulting from natural disasters, riots, war, terrorism, embargoes, strikes, labor difficulties, or other causes beyond the reasonable control of that party. Quantities of Product are subject to availability, and in the event of shortage, Pioneer may allocate sales and deliveries in its sole discretion.
16. No Assignment.
You may not assign any rights or obligations under the Terms of Sale without the express written consent of Pioneer.
17. Severability & Waiver.
If any of the terms and conditions contained in the Terms of Sale is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired thereby. The failure of either party to insist upon strict performance of any provision hereof shall not be deemed a waiver of its rights and remedies.
The section headings used in the Terms of Sale are for convenience or reference only and do not form a part of the Terms of Sale, and no construction or inference shall be derived therefrom.
19. Entire Agreement.
These Terms of Sales constitute the entire agreement between you and Pioneer concerning the Product(s), and your purchase under these Terms of Sale supersedes any and all prior representations, warranties or other agreements or understandings, whether oral or written, between you and Pioneer with respect to the subject matter of these Terms of Sale.
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