NEW
YORKER ELECTRONICS
TERMS
AND CONDITIONS
New Yorker
Electronics Co., Inc. (“NYE”) operates this website, www.newyorkerelectronics.com (the “Site”),
which provides online access to information about products available from NYE
(the “Products”) and facilitates transactions for the purchase of Products.
By accessing the
Site and/or ordering Products through the Site or by mail, e-mail, phone, fax,
or any other method, you acknowledge and agree to the Terms and Conditions as
set forth below (the “Terms and Conditions”), as well as NYE’s Privacy Statement. Any different or additional terms set forth
in Customer’s purchase order or similar communication are hereby expressly
rejected and shall not be binding on NYE unless a separate written agreement
has been signed by an authorized officer of NYE. An order placed on forms which deviate from
these Terms and Conditions may be accepted by NYE, but solely on the basis that
the Terms and Conditions set forth herein will prevail and will be the sole
terms and conditions that govern the order.
1. Terms of Use of NYE’s Site
(a) Access
to the Site.
Registration is not required to use the Site.
Registration is required to place an order on the Site. Select portions of the Site offer expanded
services via the internet through a name/password protected system. Your username and password are referred to as
your “Identification.” You are solely responsible for keeping your
Identification confidential. You agree that you and your authorized
representatives will be the only users of your Identification, and that you
will be solely responsible for all activities on the Site using your
Identification. We strongly recommend that you log out of the Site and close
your browser window when your session is completed to help prevent unauthorized
persons from accessing your Identification. Please contact NYE at 800-536-1887
if you believe that your Identification has been lost or stolen, or that
someone may attempt to use your Identification without your consent. Please
keep in mind that no internet site is 100% secure. Thus, while NYE strives to
protect the personal information and privacy of its users, your use of the Site
to transmit or store personally identifiable information is at your own risk.
(b) Third
Party Links. Hypertext links to third party websites or information do not
constitute or imply an endorsement, sponsorship, or recommendation by NYE of
the third party, the third-party website, or the information contained therein,
unless expressly stated on the Site. You acknowledge and agree that NYE is not
responsible for the availability of any such websites and that NYE does not
endorse or warrant, and is not responsible or liable for, any such website or
the content thereon. You are solely responsible for making your own decisions
regarding your interactions or communications with any other website.
(c) Geographic Limitations on Use. Like most
internet websites, this Site is accessible worldwide. However, not all Products
offered by NYE are available to all persons or in all geographic locations. NYE
reserves the right to limit the provision of its Products to any person,
geographic area, or jurisdiction and to limit the quantities of any Products or
services that it provides. You agree to comply with all applicable laws and
local rules regarding the transmission of technical data, acceptable content,
and online conduct.
(d) User
Conduct.
You agree not to take any action that might compromise the security of the
Site, render the Site inaccessible to others or otherwise cause damage to the
Site or the content. Except as otherwise
authorized by NYE, you agree not to add to, subtract from, or otherwise modify
the content of the Site. You agree not
to use the Site in any manner that might interfere with the rights of third
parties.
(e) Intellectual
Property. The Site and all information
and/or content that is viewed, heard or otherwise experienced on the Site (the
“Content”) are protected by United States and international copyright,
trademark and other laws, and belong to NYE and/or its partners, affiliates,
contributors or third parties. NYE
grants you a personal, revocable, non-exclusive, non-transferable license to
use the Site and the Content and to download, print and store portions of the
Content that you select, provided that: (1) you only use these copies of the
Content for your own internal business purposes or your personal,
non-commercial use; (2) if you are a competitor of NYE, commercial aggregator
of data, or other commercial user, you do not copy or post the Content on any
network computer or transmit, distribute, disseminate, publish or broadcast the
Content in any media; and (3) you do not modify or alter the Content in any
way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded
Content or materials is transferred to you as a result of this license. NYE
reserves complete title and full intellectual property rights in any Content
you may download from the Site, subject to this limited license for you to make
personal use of the Content as set forth herein. You may not use any of the marks or logos
appearing throughout the Site without express written consent from the
trademark owner, except as permitted by applicable law. Competitors and third party aggregators may
not mirror, scrape, or frame the home page or any other pages of the Site on
any other website or webpage.
Competitors and third party aggregators may not connect “deep links” to
the Site (i.e., create links to this Site that bypass the home page or
other parts of the Site) without NYE’s express written consent. This
prohibition is not intended to restrict the non-commercial activities of
individuals.
2. Order Validation and Acceptance. When you place
an order, NYE reserves the right to verify your method of payment, shipping
address and/or tax exempt identification number, if any, before processing your
order. Your placement of an order with
NYE is an acceptance of NYE’s offer to sell its Products, subject to
availability and pursuant to the Terms and Conditions contained in this
Agreement. Orders are not binding upon NYE until accepted by an authorized
representative of NYE. Prices listed and charges discussed herein are in U.S.
dollars. Some products may not be available for shipment outside the United
States. NYE, at its discretion, may
complete your order by processing your payment and shipping the Product, or
may, for any reason, decline to complete your order or any part of your order. Delivery and/or shipment dates provided in
connection with any order are estimates only and do not represent fixed or
guaranteed delivery dates.
3. Payment Terms. Standard
terms for Customers that are registered businesses and meet NYE’s credit
criteria are Net 30 days from invoice date, unless otherwise agreed to in a
signed writing by NYE. All payments are due within 30 days of the invoice date,
without any deductions or setoffs. NYE
shall have the right of set off and deduction for any sums owed. If Customer fails to make payment within the
payment term period set forth above, NYE may defer shipments until such payment
is made and may, at its option, cancel all or any part of unshipped orders. NYE
reserves the right to add a $20.00 service charge on all returned checks. Credits granted by NYE must be used within
one (1) year of issuance. Credits not
taken within one (1) year are subject to cancellation, and NYE shall have no
further liability. Customer shall pay
NYE all costs incurred by it in collecting any past due amount from Customer,
including all court costs and reasonable attorneys’ fees, provided, however, if
the foregoing charges exceed that rate which may be lawfully charged under
applicable law, then such charges shall be calculated so as not to exceed the
lawful rate. All invoices not paid
within the time period set forth above are deemed late and monthly interest of
1.5% shall begin to accrue on the unpaid amounts from such date until paid in
full by Customer.
4. Quantity Limitations. NYE may limit
or cancel quantities available for purchase on any order on any basis, and
alter the availability or duration of any special offers at any time. NYE may
reject any order, or any part of an order.
5. Electronic Communication. When you place
an order via the Site, you are required to provide a valid email address, which
NYE may use to communicate with you regarding the status of your order, advise
you regarding shipment of backordered products, and to provide you with any other
notices, disclosures or other communications relating to your order. You agree
that NYE will not be responsible for any damage you incur, or information you
do not receive, as a result of your failure to provide and maintain a valid
email address.
6. Product Descriptions and Pricing
Information.
NYE purchases all Products directly from its respective original manufacturer
or its authorized distributor. NYE makes
every effort to provide current and accurate information relating to the
Products and prices, but does not guarantee the currency or accuracy of any
such information. All specifications,
drawings, illustrations, descriptions and particulars of weights, dimensions or
capacity and other details including, without limitation, statements regarding
compliance with legislation or regulation (together “Descriptions”) wherever
they appear (including, without limitation, in catalogs, on web sites, on
dispatch notes, invoices or packaging) are intended to give a general idea of
the Products, but will not form part of this Agreement. If the Descriptions of any Products differ
from the manufacturers’ description, the latter shall be deemed to be
correct. NYE relies on such information,
if any, as may have been provided to it by the manufacturers of the Products
and accepts no liability in contract or tort, or under statute, regulation or
otherwise for any error in or omission from such Descriptions whether caused by NYE’s
negligence or otherwise. Information
relating to Products is subject to change without notice. In the event NYE discovers a material error
in the description or availability of a Product that affects your outstanding
order with NYE, you will be notified of the corrected version, and you may
choose to accept the corrected version or cancel the order. If you choose to cancel the order, and your
credit card has already been charged for a purchase, NYE will issue a credit to
your credit card in the amount of the charge.
7. Pricing. Prices charged
will be those prevailing when an order is placed regardless of method of order.
For scheduled deliveries over 60 days, NYE reserves the right to charge the
Customer the price of the Products at shipment if higher. NYE’s quoted prices
do not reflect the cost of accommodating Customer’s purchases via credit card
or any third-party procurement services, software or ecommerce providers and
NYE may accordingly pass through the additional charges incurred as a result of
Customer’s use of such purchasing methods. Prices shown do not include any
Federal, State or local taxes or any present or future sales, use, excise,
value-added or similar taxes. Prices are
subject to change at any time prior to NYE’s completion of your order, which is
upon shipment of all quantities of Products ordered. In the event NYE discovers a material error
in pricing, you will be notified of the corrected version, and you may choose
to accept the corrected version, or cancel the order. If you choose to cancel the order, and your
credit card has already been charged for a purchase, NYE will issue a credit to
your credit card in the amount of the charge. All prices are in U.S. dollars.
8. Methods of Payment. NYE offers the
following payment methods:
For governmental customers: NYE accepts checks, money order, MasterCard,
VISA, American Express, Discover, C.O.D., government purchase cards, and
prepayment by wire transfer as well as open account credit to qualified
institutions and businesses.
For United States customers: NYE accepts
checks, money order, MasterCard, VISA, American Express, Discover, C.O.D. and
prepayment by wire transfer as well as open account credit to qualified
institutions and businesses. Payment must be made in the currency in which the
order was placed.
For International customers: Except as
otherwise provided on the Site, NYE accepts MasterCard, VISA, American Express,
Discover, prepayment by wire transfer, cashier’s check in U.S. funds, as well
as open account credit to qualified institutions and businesses. NYE cannot
accept personal checks or certified personal checks. Money orders can result in
significant delays. Use of Letters of Credit must be approved in advance by
NYE’s Accounting Department.
9. Open Account Application. A customer
that desires to open a credit account must furnish such information as requested
by NYE. NYE reserves the right in its absolute discretion to grant, refuse or
discontinue any extensions of credit, or reduce or suspend any credit limit at
any time. NYE also reserves the right to
cancel any order, require payment in advance, or require Customer to provide
adequate assurance of performance, without any liability by NYE, in the event
of Customer’s insolvency, filing of a petition in bankruptcy, the appointment
of a receiver or trustee for Customer, or the execution by Customer of an
assignment for the benefit of creditors.
To obtain an account application for open account credit, contact any
NYE sales representative by calling 800-536-1887 or fax your request to
201-750-1174. Please note, calls to NYE
may be monitored and recorded for quality assurance purposes. Alternatively, you may download an account
application.
Please allow sufficient time for the account application process. To avoid delay on your initial order, you may
elect an alternative payment method.
10. Shipping and Handling. Except as
otherwise provided on the Site, (1) shipping or freight charges and insurance
will be paid by the Customer, (2) all sales are made FOB NYE’s warehouse in
Northvale, NJ, USA, and (3) shipping or freight charges from NYE’s warehouse in
Northvale, NJ, USA are prepaid and added to the invoice, billed collect or
billed to a third party. Shipments of excessive weight or size may
require additional charges. NYE will notify you prior to shipment if these
conditions exist. With regard to
International Shipments, export orders requiring special handling, packaging,
and documentation are subject to additional charges. Availability of ship methods is dependent on
the destination country. Except as otherwise provided on the Site, (1) the
shipping costs will be prepaid and added to your order, and (2) all import
licenses, duties, tariffs, taxes and brokerage fees will be your
responsibility.
11. Taxes. Except as
otherwise provided on the Site, prices shown do not include any federal, state
or local taxes, or any other taxes or charges imposed by any government
authority, including, without limitation, sales, use, excise, value-added or
similar taxes. Where applicable, such taxes and charges shall be billed as a
separate item and paid by you. Orders are accepted with the understanding that
such taxes and charges shall be added, as required by law. NYE charges sales tax unless you have a valid
sales tax exemption certificate on file with NYE. NYE will not refund tax amounts collected in
the event a valid sales tax certificate is not provided. If you provide a
certificate that is not accepted for any reason by any governmental or
regulatory authority, and NYE is required to pay tax on your purchase, you will
reimburse NYE for the amount of such tax, and NYE's reasonable expenses
incurred in connection with the payment and collection of such tax. Fax or
e-mail your resale certificate and customer number to: "Attn: Sales Tax”
at 201-750-1174 or salestax@newyorkerelectronics.com.
12. Late Payments; Dishonored Checks. Customer agrees to pay to NYE all costs
incurred by NYE in collecting on any dishonored check or on any past due amount
from the Customer, including all court costs, collection costs, and reasonable
attorneys’ fees. If a check you give us
for payment is dishonored for any reason by the bank or other institution on
which it is drawn, you agree to pay NYE $20.00 as a service charge (if the
check cannot be re-deposited). All invoices not paid within the time period set
forth in paragraph 3 above are deemed late and monthly interest of 1.5% shall
begin to accrue on the unpaid amounts from such date until paid in full by
Customer.
13. Out of Stock Products. If a Product
you order is out of stock at the time of order placement, you may elect to have
it shipped on a subsequent shipment.
Except as otherwise provided on the Site, additional shipping charges
will apply to each shipment. Backorders
will be held based on your request.
14. Export Compliance. In addition to
the United States and its territories, NYE accepts international orders. Some Products may not be available for
shipment outside the United States. All orders of international origin or destination
are subject to export control laws, restrictions, regulations and orders of the
United States. Customer agrees to comply with all applicable export control
laws, restrictions, regulations and orders of the United States or applicable
foreign agencies or authorities.
Customer shall not, directly or indirectly, sell, export, transfer,
transship, assign, use, or dispose of Products in a manner which may result in
any non-compliance with applicable export control laws, restrictions,
regulations, and orders of the United States or applicable foreign agencies or
authorities. Customer is responsible for
obtaining any license or other official authorizations that may be required to
export, re-export or import Products. Diversion contrary to the laws of the United
States is prohibited. Customer represents and warrants that it is not on the
Denied Persons, Specially Designated Nationals or Debarred Persons List and is
not otherwise prohibited by law from purchasing the Products hereunder.
15. Freight Damage. If you receive
merchandise that has been damaged in transit, it is important to keep the
shipping carton, packing material and parts intact. Please contact a NYE
Customer Service representative immediately to initiate a claim.
16. FARS/DFARS. NYE agrees only to be subject to the
“mandatory flow down” provisions found in FAR Section 52.244-6. NYE does not
agree to be subject to any DFAR.
17. Product Returns. In most cases,
NYE will accept returns of Products subject to the terms outlined in this
section and will replace the Products or refund your money at your option.
To
facilitate processing of returned merchandise:
· Please contact a Customer Service
representative to obtain an RMA (Returned Merchandise Authorization) number
prior to returning a Product(s).
· For
all returns not relating to manufacturers' warranties, returns must be made
within thirty (30) days of date of invoice, be accompanied by the original
invoice number, include a brief explanation of the reason for the return, and
be in the original packaging and in resalable condition.
· All
ESD sensitive devices will undergo incoming inspection, utilizing NYE’s ESD
Work Instructions and the most recent version of the ANSI/ESD S20.20 standard
as a guide. ESD product that has not
been handled according to the standard will not be eligible for credit.
· Return
freight charge must be prepaid. C.O.D. returns cannot be accepted.
· Products
returned solely due to Customer error may be subject to a restocking charge.
· To
the extent that NYE purchases a Product from a manufacturer specifically for
you, such Products may be Non-Cancelable/Non-Returnable.
· A
Mil-Spec Product purchased from NYE is non-cancelable and non-returnable.
· “Not-In
Catalogue Items” and parts specified as “Non-Cancelable/Non-Returnable” or
(NC/NR) at the time of quote or sale are not returnable.
· Returns
relating to manufacturers' warranties are subject to the terms and conditions
of the applicable manufacturer's warranty and the applicable manufacturer's
return policies for the Product (e.g., some Products may require return
directly to the manufacturer). Please contact a Customer Service representative
for details.
By
returning any product to NYE, you represent and warrant that the returned product
was purchased from NYE, is not counterfeit or otherwise non-conforming. You
also agree that NYE may test any returned product to determine whether such
product is counterfeit, non-conforming, or otherwise violates this Agreement.
In the event NYE determines, in its sole discretion, that any returned product
is counterfeit, non-conforming, or otherwise violates this Agreement, NYE may
(i) report such problem to any applicable governmental or regulatory agency or
any other applicable third party; (ii) quarantine such product for further
testing or other analysis; and/or (iii) take such other actions as may be
required or permitted under applicable law.
18. Intellectual Property
Rights/Infringement Disclaimer.
The Products may be subject to patent, trademark, copyright, design and
other rights of third parties. NYE shall
in no event whatsoever be responsible or liable in the event of any claim of
infringement of any such rights. If an order includes software or other intellectual
property, such software or other intellectual property is provided by NYE to
you subject to all applicable copyrights and/or user licenses, the terms and
conditions of which are set forth in the license agreement accompanying such
software or other intellectual property. Nothing herein shall be construed to
grant any rights or license to use any software or other intellectual property
in any manner or for any purpose not expressly permitted by such license
agreement.
19. Force Majeure. NYE will
not be liable for delays in delivery or for failure to perform its obligations
due to causes beyond its reasonable control including, but not limited to,
product allocations, material shortages, labor disputes, transportation delays,
unforeseen circumstances, acts of God, acts or omissions of other parties, acts
or omissions of civil or military authorities, Government priorities, fires,
strikes, floods, severe weather conditions, computer interruptions, terrorism,
epidemics, quarantine restrictions, riots or war. NYE’s time for delivery or performance
will be extended by the period of such delay or NYE may, at its option, cancel
any order or remaining part thereof, without liability, by giving notice to
you.
20. Warranty and Limitation of Liability. Products are
sold by NYE with such warranties as may be extended by the manufacturer of the
Products, and there are no warranties for value added services, services
bundled with the Products, or other services provided by NYE. COPIES OF THE
MANUFACTURERS’ WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY
CONTACTING NYE. NYE MAKES NO OTHER
WARRANTIES AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND
FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. CUSTOMER IS RESPONSIBLE
FOR INSTALLATION AND USE IN ACCORDANCE WITH MANUFACTURERS’ INSTRUCTIONS AND NYE
SHALL NOT BE RESPONSIBLE FOR CUSTOMER’S IMPROPER SELECTION OF A PRODUCT FOR A
PARTICULAR APPLICATION OR OTHERWISE. No warranty will apply if the Products are
in any way altered or modified after delivery by NYE.
NYE’S LIABILITY
ON ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR FROM THE
PERFORMANCE OR BREACH OF THIS AGREEMENT OR CONNECTED IN ANY MANNER WITH THE
SUPPLYING OF ANY PRODUCTS OR SERVICES HEREUNDER, OR THE SALE, RESALE, OPERATION
OR USE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM,
WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND FOR
PROPERTY DAMAGE AND DEATH) OR OTHER GROUNDS, SHALL NOT IN ANY EVENT EXCEED THE
PRICE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM,
REGARDLESS OF CAUSE OR FAULT. IN NO EVENT SHALL NYE BE RESPONSIBLE TO CUSTOMER
OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SALES, DATA, BUSINESS, GOODWILL
OR USE, EVEN IF NYE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE. THE PARTIES AGREE THAT WITHOUT
THIS LIMITATION OF LIABILITY NYE WOULD NOT HAVE AGREED TO THE PRICE OR TERMS
AND CONDITIONS OF THIS AGREEMENT. Any
cause of action against NYE must be instituted within one (1) year from the
date of purchase or provision of the products or services.
If NYE provides
Customer with advice, training, applications support, or other assistance which
concern any Products supplied hereunder, or any equipment, system or the like
in which the Product may be installed, NYE’s giving of such advice or
assistance will not subject NYE to any liability, whether based on contract,
warranty, tort (including negligence) or other grounds. In order to maintain
quality customer service, NYE may monitor or record telephone calls and other
communications.
21. Unauthorized Use of Products
Prohibited.
Products sold by NYE are not authorized for use in certain applications
including, but not limited to, life safety, life support, life sustaining,
surgical, human implant, nuclear, or aircraft applications or for any use or
application in which the failure of a single component could create a situation
in which property damage, personal injury, or death is likely to occur, unless
an authorized officer of the manufacturer has authorized or approved any such
use(s) in writing, or alternatively has provided Customer with a document
signed by an authorized officer waiving Customer’s responsibility for any such
use. YOU AGREE TO INDEMNIFY AND DEFEND NYE AND THE MANUFACTURER OF THE PRODUCTS
AGAINST ALL DAMAGES, COSTS, AND EXPENSES THAT MAY BE INCURRED, INCLUDING
WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS RELATING TO ANY LAWSUIT OR
THREATENED LAWSUIT ARISING OUT OF THE USE OF PRODUCTS IN UNAUTHORIZED
APPLICATIONS.
22. Indemnification. You understand
and agree that you are personally responsible for your use or inability to use
the Products, your reliance upon any information or recommendation provided by
NYE personnel, and your conduct on the Site.
You agree to indemnify, defend and hold harmless NYE and its principals,
business partners, licensors, employees, agents, representatives, and any
third-party information providers from and against all claims, losses,
expenses, damages (including, but not limited to, direct, incidental, special,
consequential, punitive, exemplary and indirect damages), costs and reasonable
attorneys’ fees, resulting from or arising out of your use, misuse, or
inability to use the Products your reliance upon any information or
recommendation provided by NYE, your conduct on the Site, or any violation by
you of this Agreement.
23. Dispute Resolution. Any
controversy or claim arising out of or relating to the Agreement, including the
subject transaction between NYE and Customer, non-payment by the Customer or
breach by either party of these Terms and Conditions, or your use of this Site,
shall be settled by arbitration under the rules provided by the American
Arbitration Association (“AAA”), and you hereby waive any right you may
otherwise have to a jury trial. A single arbitrator shall preside over any
arbitration, and such arbitrator shall, in his or her sole discretion,
determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted
in northern New Jersey and the laws of the State of New Jersey shall apply
thereto, without regard to any conflict of laws provisions. Judgment on an
award rendered by an arbitrator may be entered in any state or federal court
within or without the State of New Jersey.
24. Governing Law. This Agreement and any sales hereunder
shall be governed by the laws of the State of New Jersey without regard to
conflicts of law rules The 1980 United Nations Convention on Contracts for the
International Sale of Goods and the United Nations Convention on the Limitation
Period in the International Sale of Goods, and any subsequent revisions
thereto, shall not apply to this Agreement.
For any dispute that is determined to not be subject to arbitration as
set forth above, the parties consent and waive their objection to the
non-exclusive personal jurisdiction of and venue in the New Jersey state courts
situated in Bergen County, New Jersey and the United States District Court for
the District of New Jersey.
25. Legal Expenses. In the event either party institutes any
legal action or proceeding, or asserts any claim, against the other party
relating to this Agreement, any transaction between the parties or the use of
the Site, the party that does not prevail in such action or proceeding or on
such claim shall reimburse the prevailing party for its reasonable expenses,
including costs and attorneys’ fees, incurred as a result of the prevailing
party’s pursuit or defense of such action, proceeding or claim as the case may
be.
26. Severability. If any provision or provisions of this
Agreement shall be held to be invalid, illegal or unenforceable, such
provision(s) 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.
27. Waiver. NYE’s failure to insist on performance of any
term or condition contained in this Agreement, or failure to exercise any of
its rights hereunder, shall not constitute a waiver of any of NYE’s rights or
remedies under this Agreement.
28. No Third Party Benefit/No Assignment.
The
provisions set forth in these Terms and Conditions are for the sole benefit of
the parties hereto, and confer no rights, benefits or claims upon any person or
entity not a party hereto. No rights, duties, agreements or obligations
hereunder, may be assigned or transferred by operation of law, merger or
otherwise, without the prior written consent of NYE. The obligations, rights, terms and conditions
hereof will be binding upon and inure solely to the benefit of the parties
hereto and their permitted respective successors and assigns.
29. Changes to the Agreement. NYE reserves
the right to change the terms of this Agreement without notice. You are
responsible for reviewing this Agreement prior to making any purchase from NYE,
and your continued use of the Site acknowledges your agreement to this
responsibility. In the event that a
change or update is made to this Agreement, the “Date of Last Modification” at
the end of this Agreement will be updated accordingly. As part of the
registration process to become a registered user of certain functionality on
the Site, as a default, you elect to receive e-mails notifying you of changes
to this Agreement and/or other NYE policies; you may elect not to receive these
e-mails by opting out of this default. Notwithstanding any provision of this
Agreement to the contrary, NYE may make changes to this Agreement without
notice to comply with applicable laws or best practices and such changes shall
be binding on you and NYE. Any amendment
or modification to this Agreement agreed to by you and NYE must be in writing
and signed by you and an authorized representative of NYE.
QUESTIONS OR
ADDITIONAL INFORMATION. If you have questions regarding this Agreement or
wish to obtain additional information, please send an e-mail to sales@newyorkerelectronics.com.
DATE OF LAST MODIFICATION:
May 23, 2014
