Motorola
Wholesale on eBay
Motorola’s
Business-to-Business eBay Store!
Motorola’s
Terms and Conditions of Sale
1.
Definitions. As
used throughout these terms and conditions, "Buyer" shall mean
the person, firm or corporation that is purchasing Motorola's “Product(s),”
as identified in Buyer’s order. 2.
Acceptance; No Sales to Minors; Government Sales; Other Purchase
Limitations. All
agreements between Motorola and Buyer, whether via internet order,
telephone order, written order form or other means, shall be governed by
the terms and conditions set forth here or in the individual banner ads
for particular products, unless covered by another prior agreement
signed by both parties. Any deviations from these terms must be in
writing and signed by both parties. Any additional or different terms
set forth or referenced in Buyer's purchase order or other documents are
hereby objected to by Motorola and shall not be deemed a part of this
agreement or any resulting order. To
the extent these terms and conditions and accompanying documents
constitute an offer to sell, Motorola’s offer is expressly limited to
the terms and conditions stated here. Buyer expressly agrees that these
terms and conditions may not be altered, supplemented, or amended by the
use of any other documents, and any such attempt will be null and void.
To the extent that these terms and conditions and accompanying documents
constitute an acceptance of Buyer’s offer, Motorola’s acceptance is
expressly made conditional on Buyer’s assent to the additional or
different terms hereof. ·
Acceptance
of Products located in the U.S. For
products physically located in the United States, Motorola shall
indicate its acceptance of Buyer's order by shipping to Buyer the
selected Product(s). The banking, negotiation or other use of any
payment shall not constitute an acceptance by Motorola. Motorola will
accept orders for delivery only to Buyer's street address in the 50
United States or the District of Columbia; no shipments will be made
outside the U.S. unless specifically indicated in the ad or to a P.O.
Box address. ·
Acceptance
of Products located outside the U.S.
For products physically
located outside the United States, e.g., in Latin America, Europe or
Asia, Motorola shall indicate its acceptance of Buyer's order by making
the Product(s) available to Buyer at Motorola’s (or Motorola’s
designee’s) facility, in accordance with Section 5 herein.
The banking, negotiation or other use of any payment shall not
constitute an acceptance by Motorola. ·
No
Sales to Minors. Motorola
will not accept any order from a person under 18 years of age. ·
No
Sales to Governments. Motorola
will not accept any order from Foreign Governments, the U.S. Government
or any state, local or non-government entity (including but not limited
to a non-government entity that receives funding from the U.S.
Government or Foreign Government) or to a prime contractor or other
subcontractor selling to such entities (collectively "Governmental
Entities"). In the event that Buyer elects to resell Motorola Products
to Governmental Entities, Buyer does so solely at its own option and
risk. By
bidding or ordering, Buyer warrants that Buyer is not attempting to
purchase this equipment for government purposes.
Buyer remains exclusively responsible for compliance with
all procurement laws, regulations or guidelines governing such sales and
agrees not to obligate Motorola as a subcontractor or otherwise to such
Governmental Entities. Further,
Motorola makes no representations, certifications or warranties
whatsoever with respect to the ability of its goods, services or prices
to satisfy any such statutes, regulations or guidelines. ·
Employees
of Motorola Inc., or its affiliates and
subsidiaries, and the immediate family members of such employees, are
prohibited from participating in this auction. ·
Compliance
with Export Control Laws.
o
Buyer agrees to provide
all information requested by Motorola, including but not limited to:
Buyer's name, company, address, country into which Products will be sold
and shipped by Buyer, and the business in which the Buyer is engaged. o
Buyer agrees not to
resell, transfer or export any goods furnished by Motorola in violation
of any laws, radio telecommunications laws and regulations, export
regulations, financial or economic sanctions imposed by the U.S.
Government, Foreign Governments, or other Government agencies. o
Buyer agrees that Motorola
reserves the right to reject any order from any buyer, if Motorola has
determined that the Buyer is barred from receiving goods according to
regulatory sanctions or export control laws issued by the United States
or any other country. o
If Buyer intends to export
any items furnished under this agreement, then buyer accepts full
responsibility for compliance with applicable Customs and export control
regulations, radio telecommunications laws and regulations, as well as
other applicable taxes and associated costs of importing or exporting
goods. Buyer shall obtain all required approvals or authorizations,
including all licenses or permits which may be required. ·
Other
Purchase Limitations. Motorola
reserves the right to limit quantities of Products purchased. The
Products sold hereunder are intended for commercial business purposes
rather than personal. 3.
Payment Terms. Motorola may designate or authorize agents, such as ChannelAdvisor
Corporation, to accept all payments on behalf of Motorola hereunder
and such agents are considered only a payment collection service hereunder.
Payment in full for goods purchased from Motorola hereunder to one of
Motorola’s authorized agents shall constitute payment in full to Motorola
for such goods. Payment will be confirmed by Motorola or its authorized
agent before the Product is either shipped, or made available for shipment,
to Buyer. Payment of all applicable taxes, assessments, or duties which
may be imposed upon the shipment or sale of the Products covered by
this order are Buyer's sole responsibility and will be paid by Buyer,
unless Buyer is a reseller and is exempt from such taxes and furnishes
Motorola with a valid tax of exemption certificate. Buyer shall pay
applicable sales tax or value added tax based on the ship to location.
All payments shall be made in U.S. Dollars. A. For
Buyers located in North America, payment can be made by either credit
card. (Visa, Mastercard and American Express) or certified check or
money order.
4.
Packing and Shipping.
5.
Title and Risk of Loss. Shipping
terms shall be Ex-Works at the Motorola designated location in
accordance with Incoterms 2000. a.
Provide payment to Motorola; 1) loading
and removal of the goods from the Motorola designated location; d.
Secure sufficient insurance to protect against damage or loss of goods
while in Buyer's direct or indirect control; Under the
Incoterm Ex-Works Motorola shall be responsible to: a.
Furnish the correct goods suitably packed for export at the Motorola
designated location shipping dock; 6.
Distribution. In
no event may Buyer transship, sell or otherwise transfer the Products
outside of the country or region in which the Product is authorized or
intended for use. Buyer
shall incorporate this limitation into all of its agent and distributor
agreements as a condition of sale of the Products and shall enforce
same. Information related
to the country or region in which a particular Product is authorized or
intended for use is included in each Products general description.
Sales of U.S.-use-only products, without transshipment outside
the U.S., is a material condition to this auction, and Buyer agrees
that any direct or indirect distribution, transshipment and/or sale of
Products outside the U.S. for such products by Buyer or others
purchasing through Buyer will result in irreparable harm to Motorola for
which money damages will not be adequate.
Similarly, Buyer agrees that sales of other products that are
authorized or intended for use in a particular country or region, is a
material condition to this auction, and Buyer agrees that any direct or
indirect distribution, transshipment and/or sale of Products outside the
authorized country or region by Buyer or others purchasing through Buyer
will result in irreparable harm to Motorola for which money damages will
not be adequate. Buyer
further agrees that Motorola, in addition to any other remedies it may
have at law and/or in equity, shall be entitled to injunctive relief to
prevent any threatened or continued breach and to specifically enforce
these provisions which include, but are not limited to, the right to
stop shipment. 7.
Motorola’s Return Policy. ·
Incorrect shipments:
a) If Buyer receives an incorrect shipment, Buyer shall contact Motorola
to obtain a return material authorization (RMA) number and shipping
instructions; (b) Incorrect items must be returned to Motorola within
ten (10) days of receipt in order to receive a refund or credit; c) Upon
receipt within the ten (10) day return window, and verification of the
reason for return, a refund or credit will be issued to Buyer. ·
Non-defective
products or correctly shipped orders:
No refund or credit will be given for non-defective Products or for
properly shipped orders. These product(s) will be returned COD to BUYER
at BUYER'S expense. ·
No
returns shall be made to Motorola’s authorized agent, e.g., ChannelAdvisor.
8.
Warranty for Motorola Products. For
warranty information, please follow this link: http://commerce.motorola.com/consumer/QWhtml/warranty.html
Motorola’s
limited warranty (if any) on a Product is to the end user or consumer
only. Any limited warranty
accompanying a product will be specified on the product’s banner
advertisement for this auction. 9.
Patent and Copyright Indemnification. Motorola
agrees to defend any suits against Buyer based upon a claim that any
Product(s) furnished hereunder directly infringes a U.S. patent or
copyright and to pay damages finally awarded in any such suit, provided
that Motorola is notified promptly in writing of the suit and at
Motorola's request and at its expense is given control of said suit and
all requested assistance for defense of same. This indemnity does not
extend to any suit based upon any infringement or alleged infringement
of any patent or copyright resulting from the alteration of any Products
furnished by Motorola or from the combination of any Products(s)
furnished by Motorola and other elements nor does it extend to any
equipment of Buyer's design or formula. The foregoing states the entire
liability of Motorola for patent or copyright infringement. IN
NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS,
COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS. 10.
Proprietary Rights.
Buyer will not impair
Motorola’s right, title or interests in its corporate name or logos,
trademarks or trade names, slogans or designations used in conjunction
with the Products whether in writing, orally or otherwise.
Buyer will not use any trademarks of Motorola, or any word or
symbol likely to be used with any Motorola trademark, either alone or in
any combination with another word or words, except upon express prior
written consent of Motorola. Motorola
and its other third party software providers have certain rights in
software, firmware, computer programs or data residing in the Products
(“Software”), including without limitation the right to prepare
derivative works and distribute copies. Buyer shall not prepare works
derived from, reproduce in copies or distribute copies of any Software. Buyer shall not translate, modify, adapt, decompile,
disassemble, or reverse engineer the Software or the Products or any
portion thereof. 11.
Limitation of Liability. MOTOROLA’S TOTAL LIABILITY, WHETHER
FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT
OR OTHERWISE, IS LIMITED TO THE PRICE OF THE PARTICULAR PRODUCTS SOLD
HEREUNDER WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO
EVENT WILL MOTOROLA OR ITS AGENTS, SUCH AS, CHANNELADVISOR OR SYKES, BE
LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF TIME, INCONVENIENCE,
COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE
DISCLAIMED BY LAW. No action
will be brought for any breach of these terms and conditions more than
one (1) year after the accrual of such cause of action. Motorola
Inc. and its agents are not responsible for any problems or technical
malfunction of any telephone network or lines, computer systems, servers
or providers, computer equipment or software on account of technical
problems or traffic congestion on the Internet or combination thereof,
including injury or damage to bidder's computer related to or resulting
from participating in this auction. If, for any reason, the auction is
not capable of running as planned, including infection by computer
virus, bugs, tampering, unauthorized intervention, fraud, technical
failures, or any other causes beyond the control of Motorola Inc. which
corrupts or affects the administration, security, fairness, integrity or
proper conduct of this auction, Motorola reserves the right to terminate
this auction. 12.
Disclaimer of Liability for Carrier’s System and Other Services or
Signals. MOTOROLA EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY
FOR ANY CARRIER’S RANGE, COVERAGE, DESIGN, GRADE OF SERVICE, AUDIO
QUALITY, EQUIPMENT COMPATIBILITY, SYSTEM DOWNTIME OR BILLING PRACTICES
OR FOR THE FAILURE OF ANY SERVICE OR SIGNAL TO WHICH BUYER SUBSCRIBES OR
USES. 13.
Governing Law and Disputes. THESE TERMS AND CONDITIONS WILL BE
GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, UNITED STATES OF AMERICA
WITHOUT REGARD TO CONFLICTS OF LAW RULES OF ILLINOIS.
Motorola and Buyer hereby agree that any dispute, controversy or claim,
except for any dispute, controversy or claim involving intellectual
property, prior to initiation of any formal legal process, will be
submitted for non-binding mediation, prior to initiation of any formal
legal process. Cost of mediation will be shared equally. Nothing in this
Section will prevent either party from resorting to judicial
proceedings, if (a) good faith efforts to resolve the dispute under
these procedures have been unsuccessful, (b) the dispute, claim or
controversy involves intellectual property, or (c) interim relief from a
court is necessary to prevent serious and irreparable injury to that
party or to others. Buyer expressly agrees that any judicial proceeding
shall be brought in a state or federal court located in the State of
Illinois, United States of America, and that such forum is convenient to
Buyer. 14.
General. The
invalidity in whole or in part of any provision herein shall not affect
the validity of other provisions, unless such invalidity would frustrate
the purpose of these terms and conditions. Motorola will not be liable
for any delay or failure to perform due to any cause beyond its
reasonable control. 15.
Customer Service. Have questions about Motorola products or auctions?
Contact us at: NGDB47@motorola.com Back
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