The terms and conditions

Detailed write-up:

The terms and conditions mentioned regulate the business relationship between you, our esteemed customers, and us, the suppliers. By using our website in any way, or by opting to buy from us, you agree to be bound by the terms and conditions as specified below.

We: Cricket Equipment USA

Our address is: 

You: a visitor to our website or our customer

The detailed terms and conditions

1 Definitions

In the agreement between you and us:

"Carrier" means or stands for any individual or business contracted by us for carrying Equipment to you from us, whether all or part of the distance.

"Our website" means or stands for the complete computing hardware and software installation that is or supports our website.

"Equipment" means or stands for any of the Equipment we offer for sale on our website.

"Content" means or stands for information or data in any form published/displayed on our website by us or any third party with our consent/permission.

2 Our contract with you

2.1 The following terms and conditions apply:

2.1.1 so far as the context allows, to you as a visitor to our website; and

2.1.2 in any event to you as an actual buyer or prospective/potential buyer of our Equipment.

2.2 Equipment advertised on our website may not be available for immediate delivery.

2.3 We shall accept your order for Equipment by e-mail confirmation. Our return message will also confirm complete details of your purchase order and inform you when we shall be able to dispatch your order. That is applicable when our contract is made.

2.4 We may change/modify these terms from time to time. The terms, which apply to you are those posted here on our website on the day you order Equipment.

2.5 All descriptions, weights and sizes of Equipment are those prescribed by the original manufacturers and you may not wholly rely on their accuracy. Accordingly, any such description by the original manufacturers shall not form part of this Agreement.

2.6 If we do not have the Equipment you order in stock, we will offer you suitable alternatives before we dispatch your order for Equipment. If this happens, you may:

2.6.1 accept the alternatives that we offer;

2.6.2 cancel your order for Equipment;

2.6.3 leave the order valid, but ask us to omit the out-of-stock item.

2.7 If we owe you money (for this reason or any other), we will redeem your credit or debit card as soon as or reasonably practicable but in either event, no later than 30 days from the date of your order for Equipment.

2.8 Equipment are at your risk from the moment they are collected by the Carrier from our warehouse for dispatch.

3 Price and Payment

3.1 You must pay us the full price of your ordered Equipment before we will dispatch any part of it.

3.2 Banking charges on payments to us by the receiving bank will be borne by us. All other charges that are related to payment in a currency other than American Dollar will be borne by you.

3.3 Any details provided by us in relation to exchange rates are of approximate nature only and may fluctuate from time to time.

3.4 You will pay all sums that are due to us under these terms and conditions by the means specified without any set-off, counterclaim or deduction.

4 Information you provide us

4.1 You agree that you have given, and will continue to give up to date, complete and accurate information about yourself. We need this said information to supply you the Equipment and Services.

4.2 We shall endeavor to respond to any point of dissatisfaction raised by you, provided you contact us within ….. months of purchase.

5 Delivery

5.1 Deliveries will be made by the Carrier to the address mentioned in your order. You must make sure that someone is physically present to accept delivery.

5.2 If we are not able to deliver your Equipment within ….. days of the actual date of your order, we shall notify you by e-mail to arrange another suitable date for delivery.

5.3 We may deliver the Equipment in installments if the Equipment are not available for delivery at the same time.

6 Taxes, duties and import restrictions

6.1 We have no knowledge of, and carry no responsibility for, the laws in your country of residence.

6.2 You are responsible for buying Equipment that you are lawfully able and allowed to import and for the payment of import duties as well as taxes of any kind levied in your country of residence.

7 Equipment returned

Because you are buying the Equipment by mail order, you may have a right of cancellation. If you do so, (and only if you do), following are the terms that apply:

7.1 You must inform us that you wish to cancel within 5 working days of your receipt of the Equipment.

7.2 In any event, you may not be allowed to cancel orders for specially commissioned or personalized Equipment;

7.3 The Equipment must be returned to us within 30 days of your informing us you wish to cancel:

7.3.1 with both Equipment and all packaging in their original condition;

7.3.2 securely wrapped;

7.3.3 comprising our delivery slip;

7.3.4 at your own risk and cost.

7.4 After we have received the Equipment, we will complete the formalities, including the process of credit your credit or debit card with the full or deemed purchase price of the Equipment returned no later than within 30 days from the date of receipt;

7.5 If you do not return the Equipment to us, you are still liable to us for the cost of the same.

7.6 We are under no obligation to collect or recover Equipment from you, but if we do so, our costs will be payable or need to be borne by you.

8 Disclaimers

8.1 We or our Content suppliers may make improvements, modifications or changes to our website, the Content, or to any of the Equipment and Services displayed, at any given time and without Cricket Equipment USA notice.

8.2 You are advised/intimated that Content may include some technical inaccuracies or typographical errors.

8.3 We provide no warranty and make no representation, either express/explicit or implied, as to:

8.3.1 the appropriateness or adequacy of the Equipment for your purpose.

8.3.2 the truth of any information given on our website;

8.3.3 any implied warranty or condition as to merchantability or fitness of the Equipment for a specific purpose;

8.3.4 compatibility of our website with your particular equipment software or telecommunications connection.

8.3.5 compliance with any law;

8.3.6 non-infringement of any right.

8.4 Our website may comprise links to other Internet websites. We have neither control nor power over any such website. You agree and acknowledge that we shall not in any way be liable for neither the Content of any such linked website, nor for any resultant loss or damage that might arise from your use of any such website.

8.5 We are not liable under any circumstances for special, consequential or indirect loss or any damages whatsoever that may result from loss of data, loss of use, or loss of revenues/profits - whether in an action of contract, negligence or otherwise - that might arise out of or in connection with your usage of our website or the purchase of Equipment.

8.6 In any claim made against us our liability is limited to the value of the Equipment that you have purchased in the contract, the subject of the dispute.

9 Content and Intellectual Property Rights

9.1 Title, ownership rights as well as intellectual property rights in the Content whether displayed by us or by any other Content provider shall be the sole property of us and / or the other said Content provider. We will strongly defend its rights in all countries.

9.2 You may not in an way copy, modify, recycle, publish, reproduce, transmit, transfer or sell, recreate derivative works from, distribute, perform, display, or in any way exploit/redirect any of the Content - in part or in whole - except as is expressly/explicitly permitted in this agreement.

9.3 You may copy or download the Content only for your own personal consumption, provided that you maintain all relevant copyright and other notices that are contained therein. You may not store/save electronically any significant portion of any Content on our website.

10 System Security

10.1 You agree that you will not, and will not let any other individual to, violate or attempt to violate any aspect of the security of the Installation;

10.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or make  any damage or unintended effect to any portion of our website, or any software used on our website, and that you will not allow any other individual to do so.

10.3 You understand that any such violation is unlawful in several jurisdictions and that any contravention of law may lead to criminal prosecution.

10.4 Examples of such violations are:

10.4.1 accessing data unlawfully or without sanction/authorization;

10.4.2 making an attempt to probe, scan, test the vulnerability of a network or system or to breach security or any authentication measures;

10.4.3 making an attempt to interfere with service to any website user, host or network, comprising, without limitation, through overloading, "mail bombing", "flooding", "crashing";

10.4.4 forging any TCP/IP packet header or any part of the header info in a newsgroup posting or an e-mail;

10.4.5 taking any action in order to secure services to which you in any way are not entitled.

10.5 You agree to indemnify us against any demand or claim, comprising reasonable lawyers' fees of any third party owing to or arising out of:

10.5.1 any violation of the system security as set out above;

10.5.2 your illegal usage of our website;

10.5.3 any other violation or breach of this agreement by you;

10.5.4 the infringement by you, or by any other user of the website services using personal/public computer, of any deemed intellectual property or other right of any entity or individual, or as an outcome of any threatening, offensive or harassing material in any of your communications.

11 Indemnity

You hereby agree to indemnify us against any such claim or demand, which will comprise reasonable lawyers' fees, claimed by any third party owing to or arising in any way out of your usage of our website, or the alleged infringement by you, or by any other individual using a computer, of any intellectual property or other right of any individual in question.

12 Contractual Limitation

Where we offer Equipment or services without specific charge/fee, it (or they) is/are deemed to be provided without any charge, and not to be associated with any other service which is charged. Accordingly, there is neither contractual nor other obligation upon us regarding any such Equipment or services.

13 Rights of third parties

Nothing in this agreement or on our website shall confer on any third party any benefit under the provisions of any (Rights of Third Parties) Act or otherwise.

14 Severability

If any of these terms in this agreement is at any point of time held by any jurisdiction to be void, unenforceable or invalid,  it shall be considered/treated as reduced or changed, only to the extent minimally necessary for bringing it within the laws of that jurisdiction and for preventing it from being void and it shall be binding in that reduced or changed form. Subject to that, each provision shall be interpreted/deemed severable and shall in no way affect any other of these terms and conditions.

15 No Waiver

No waiver by us, in exercising any right, provision or power hereunder shall operate/act as a waiver of any other right or of that same right in future; nor shall any delay in exercising of any right or power be interpreted/deemed a waiver.

16 Dispute Resolution

In the event of a dispute that crops up owing to or in connection with this Contract and remains unresolved following negotiations and discussions between an individual or individuals appointed/authorised by the customer and us, then they undertake to try settle it through good faith in a process of mediation before undertaking arbitration or litigation.

17 Force majeure

We are not in any way liable for a breach of our obligations owing to causes beyond our reasonable control.

18 Governing Law

This Agreement shall be governed by and also construed in accordance with the law of our country (USA). This agreement will not be governed/bound by the United Nations Convention on Contracts for the International Sale of Equipment, the application of provisions of which is hereby expressly excluded.

Information is not advice

We may not have been able to cross-check or verify all of the information on this website. Furthermore, we shall not be held liable for damage or loss suffered by any individual, customer or visitor acting in reliance on info on this website.

Description subject to change

All information on this website is provided in good faith, but we shall not be held liable for any damages or loss suffered by any customer, or other visitor to this website, on account of any inaccuracy of information or description, or as a result of any change or new information that may have come to fore after the date of publication.

Confidentiality - mutual undertaking

1 The parties are aware of the fact that in the course of the Contract both will have access to and be entrusted with information regarding the business and operation of the other party and their dealings, transactions as well as affairs, all of which info is or may be confidential.

2 The parties hereby undertake for themselves as well as every employee or sub-contractor of theirs whose services they may seek both during and after completion/expiry of the Contract that they will be obliged not to divulge to any individual whatever or otherwise any confidential information or trade secret.

3 Both the Host and the Customer hereby undertake the mutual responsibility to make all employees, agents or sub-contractors aware of the strict confidentiality of information and the provisions of this paragraph and to take all steps as shall be necessary from time to time to ensure compliance by those bound by these provisions.

4 Each of the Host and the Customer hereby will undertake one to the other that for a period of 1 months following completion/expiry of the Contract they will not directly or by an agent or otherwise and whether for their own benefit or for the benefit of any other individual/institution induce or endeavor to induce any employee of the other to leave his position.

5 The provisions of the last previous sub paragraph shall not be applicable to one of them provided the other becomes subject to receivership, bankruptcy, or liquidation proceedings.

System Security:

1 The customer agrees that he/she will not, and will not let any other individual to, violate or make an attempt to violate any aspect of the security of the systems of Cricket Equipment USA;

2 The customer understands that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

2 Examples of violations are:

2.1 accessing data unlawfully or without sanction/authorization;

2.2 making an attempt to probe, scan, test the vulnerability of a network or system or to breach security or any authentication measures;

2.3 making an attempt to interfere with service to any website user, host or network, comprising, without limitation, through overloading, "mail bombing", "flooding", "crashing";

2.4 forging any TCP/IP packet header or any part of the header info in a newsgroup posting or an e-mail;

2.5 taking any action in order to secure services to which you in any way are not entitled.

Limitation of liability

1 The following provisions set out the entire liability of Cricket Equipment USA (comprising any for the acts and omissions of its staff and employees) to the customer regarding:

1.1 any breach of its contractual obligations that arises under or in connection with this agreement;

1.2 any representation, statement or act or omission inclusive of negligence that arises under or in connection with this agreement.

2 Any act or omission on the part of the Cricket Equipment USA falling within this paragraph shall be known or termed an "Event of Default".

3 Entire liability of Cricket Equipment USA in respect of any “Event of Default” shall be restricted to damages of an amount which equals the total Price paid or payable by the customer for this Contract for a period of 30 business days.

4 Cricket Equipment USA shall not in any way be liable to the customer regarding any “Event of Default” for loss of profits/goodwill or any type of special, indirect or consequential loss (comprising loss or damage suffered by the customer owing to an action brought by a third party) even if such loss was reasonably foreseeable or Cricket Equipment USA had been advised of the possibility of the customer incurring it.

5 If a number of “Events of Default” lead to substantially the same loss, they shall be considered as giving rise to only one single claim as under these terms and conditions.

6 The customer hereby agrees to give Cricket Equipment USA not less than (….) hours in which to remedy/rectify any purported “Event of Default” hereunder.

7 Nothing in this paragraph shall give any remedy or right to the customer to which he/she would not otherwise be legally entitled.

8 We shall not be liable to the customer for any loss that arises out of or in connection with any representations, statements, undertakings or agreements made prior to the date of this formal agreement.

Disclaimer

1 We and our content suppliers make neither any representation nor warranty - express or implied - in any part of this website on any subject.

2 To the full extent permissible by all applicable laws, we and our content suppliers disclaim all such warranties and conditions regarding any information about products and services, comprising all implied warranties/conditions of merchantability, fitness for a specific purpose, and non-infringement.

3 In no event shall we or our content suppliers be liable for any indirect, special or consequential damages or any damages whatsoever that may result from loss of usage, loss of data or any loss of revenues/profits, whether in an action of contract - negligence or otherwise – that arises out of or in connection with the use of the website or the content available on this website.

4 Users are advised/intimated that content on this website may have technical inaccuracies or typographical errors.

5 We or our Content suppliers may make improvements, modifications or changes to our website, the Content, or to any of the Equipment and Services displayed, at any given time and without Cricket Equipment USA notice.

Copyright

Cricket Equipment USA asserts ownership of all intellectual property that is constituted in any part of this website. Cricket Equipment USA will strongly protect its intellectual property rights in all countries. Accordingly, any reproduction, modification, distribution, transmission, republication, display or other use of the content on this site is strictly prohibited. This provision does not apply to the copyright of any other individual or firm, where acknowledged. Any such other individual or firm may be expected to assert and protect their rights to the same extent.

Force majeure

1 Neither party shall be liable for any said breach of its obligations that result from causes beyond its reasonable control comprising strikes of its own employees.

2 Each of the parties agrees to serve notice immediately to the other (party) upon coming to know an event of force majeure such notice to comprise details of the circumstances leading to it.

3 If a default due to force majeure shall prolong for more than 4 weeks, the party, not in default, shall be entitled to terminate/cancel this agreement. Neither party shall then have any liability to the other in respect of the agreement’s termination as a result of force majeure.

Contract is divisible

Each sub-paragraph in this agreement is independent in nature and severable from every other paragraph and is thus, enforceable accordingly. If any restriction is not enforceable for any specific reason, but would be enforceable provided part of the wording were deleted, it will apply with such reasonable deletions as may be required to make it valid and stand enforceable.

Dispute Resolution

In the event of a dispute that arises out of or in connection with this Contract and which remains unresolved following negotiations and discussions between an individual or individuals appointed/authorised by the customer and us (Cricket Equipment USA), then they undertake to try settle the dispute by engaging in mutual good faith with the other party in a process of mediation before choosing the option of arbitration or litigation.

Waiver

The failure by either of the parties in enforcing at any time or for any period any one or more of the terms and conditions stipulated in this Contract shall not be a waiver of them or of the right at any point of time subsequently for enforcing all terms and conditions of this Contract.

Copyright: Cricket Equipment USA (http://www.cricketequipmentusa.com)