TERMS OF
SALE THESE TERMS OF SALE (THESE "TERMS OF SALE")
GOVERN YOUR PURCHASE OF ANY PRODUCT OFFERED BY WHATWATT.COM.
PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN
VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS
AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO
YOU. BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE
READ, ACCEPTED AND HAVE AGREED TO BE BOUND BY THESE TERMS
OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS
OF SALE ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN
NOTICE AND AT ANY TIME IN WHATWATT.COM'S SOLE DISCRETION
1.
Products
Whatwatt.com may discontinue any product at any time without
notice. The product prices displayed on this Site do not
include shipping and handling or sales taxes, which if
applicable, will be added to your total invoice price
2. Price Errors
Our goal is a 100% error-free Site. If product price errors
are discovered, they are promptly corrected on our systems,
and the corrected price will apply. We will notify you
if your order includes items that were incorrectly priced
3. Orders
Orders are not binding upon Whatwatt.com until accepted.
Whatwatt.com reserves the right, without prior notification,
to limit the order quantity on any item and/or refuse service
to any customer. Verification of information may be required
prior to the acceptance of any order
4. Payment
Payment can also be made with valid Visa, MasterCard,
and American Express.
5. Sales Tax
You are responsible for the payment of any state and local
sales or use taxes that may apply to your order. The sales
tax is calculated based on the full invoice price, and
may include charges for shipping and handling if required
by law. By law, Whatwatt.com must collect sales tax for
orders SHIPPED to the state of New Jersey
6. Delivery
If you order by 2 p.m. Eastern time (Monday through Friday
- excluding holidays), the in-stock items ordered will
be shipped that day via UPS ground transportation to most
locations. Upgraded shipping services (Next Day, 2nd Day)
are available at an additional charge. While Whatwatt.com
will make every reasonable effort to ship your orders within
these time frames, Whatwatt.com is not responsible or liable
for any delay in receiving or completing your order that
is caused by an event beyond Whatwatt.com's reasonable
control. Such events may include, but are not limited to,
fire, flood, accident, strike, riot, civil commotion, act
of God, war or other hostilities, acts or omissions of
carriers, transmitters, phone companies, Internet Service
Providers or Internet backbone providers or a failure,
interruption or delay of the server or this Site caused
by an event outside the direct control of Whatwatt.com,
including without limitation, power outages or attacks
on this Site such as by persons known as "hackers"
7. International Shipments
Currently, Whatwatt.com can only ship your order to addresses
within the United States. For customers seeking to have
bulbs delivered to all other countries, please contact
our customer service department 1-877-WHATWAT
8. Shipping & Handling (S&H) Charges
Whatwatt.com has a flat rate shipping fee of $7.90 for
any size order. Additional S&H charges will apply to
orders shipped outside the 48 continuous states. S&H
charges along with any charged Freight are non-refundable
in occurrences where Whatwatt.com has made no error in
merchandizing or shipping
10. Warranties
ALL PRODUCTS ARE SOLD "AS IS," AND WHATWATT.COM
DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS
OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS
FOR A PARTICULAR PURPOSE. Some jurisdictions may not allow
the exclusion of certain implied warranties, so some of
the above exclusions may not apply to you
11. Return & Restocking Policy*
Whatwatt.com stands behind its products and will issue
a refund, replacement or credit if you are not satisfied
with your purchase and notify us within 14 days of receipt
of product. A Restocking Charge of 20% will apply to all
items returned where Whatwatt.com has made no error in
merchandizing or shipping.
AFTER 14 DAYS FROM RECEIPT OF PRODUCT WE WILL NOT ACCEPT
THE RETURN UNDER ANY CIRCUMSTANCES.
Refunds
will be made by original method of payment. All returns
must arrive in its original packaging and all freight
charges for the return of goods are to be paid by the customer.
Any special order bulb, one that is not usually carried
in stock, is non-returnable.
*There are exceptions to our Return Policy including,
but not limited to, linear fluorescent bulbs 49" or
longer in length, Special Order products, orders outside
the continental U.S., and shipments delivered via common
carrier.
Please call 1-877-WHATWAT to obtain a Returned Material
Authorization (RMA) before returning any product. Whatwatt.com
may at any time limit the number of delivery attempts based
on unfavorable delivery history resulting from, but not
limited to, damage, loss, or theft
12. Mistaken and Damaged Shipments
Whatwatt.com will replace the order and refund any applicable
shipping costs if we made an error with your order. Please
note any obvious damage or shortage while applying your
signature at the time of delivery and make all claims for
replacement or credit within 14 days of delivery.
To return any mistaken or damaged item, please call 1-877-WHATWAT
to obtain a Returned Material Authorization (RMA). For
damaged orders, keep the original box and all packaging
materials for possible inspection by the carrier and/or
return to Whatwatt.com. Whatwatt.com may at any time limit
the number of delivery attempts based on unfavorable delivery
history resulting from, but not limited to, damage, loss,
or theft.
13. Limitation of Liability.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, WHATWATT.COM SHALL
NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY
OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES
OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM
RELATING TO THESE TERMS OF SALE, THIS SITE, THE CATALOG,
PRODUCT(S) OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT
LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF WHATWATT.COM EXCEED THE AMOUNT YOU HAVE PAID
TO THE COMPANY FOR THE APPLICABLE ORDER OR PRODUCT OUT
OF WHICH LIABILITY AROSE. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
REMEDY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU
14. Severability
If any provision of these Terms of Sale are held illegal,
unenforceable or in conflict with any law by a court of
competent jurisdiction or arbitral tribunal, such provision
shall be deemed severed from these Terms of Sale and the
validity of the remainder of these Terms of Sale shall
not be affected thereby
15. Governing Law
These Terms of Sale shall be governed by and construed
in accordance with the laws of the State of New Jersey applicable
to contracts made and to be enforced wholly within the
State of New Jersey
16. Arbitration
Any dispute or disagreement arising out of these Terms
of Sale, or breach thereof, shall be settled by arbitration
administered by the American Arbitration Association ("AAA")
under its Commercial Arbitration Rules, and judgment on
the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction thereof. Such arbitration
shall be brought in Camden or Burlington County, New Jersey.
17. Jurisdiction and Venue
You and Whatwatt.com (collectively the "Parties;" individually
a "Party") irrevocably agree that any legal action,
suit or proceeding brought by it in any way arising out
of these Terms of Sale must be brought in Camden or Burlington County, New Jersey, and irrevocably accept
and submits to the sole and exclusive jurisdiction of each
of the aforesaid courts in person, generally and unconditionally
with respect to any action, suit or proceeding brought
by it or against it by the other Party.
18. Waivers and Amendments
The waiver by either Party of any provision of these Terms
of Sale on any occasion and upon any particular circumstances
shall not operate as a waiver of such provision of these
Terms of Sale on any other occasion or upon any other circumstances.
These Terms of Sale may be waived or amended only in a
writing signed by the Parties
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