Terms, Conditions & Trademarks
BY ORDERING WITH US, YOU ARE AGREEING TO THESE TERMS.
Defective Returns: All returns must be authorized by USA Mobile within 30 days of the invoice date. There are no returns after 30 days. Some items are not eligible for return. We can only accept returns in the same condition and packaging in which they were shipped, or else you may be charged a packaging fee. Shipping charges are not refundable, and we do not pay for return shipping or international customs/duties.
Missing Items: In the unlikely event that you receive a package and an item is “missing”, please contact USA Mobile Support via email at firstname.lastname@example.org within 3 business days (Mon-Sun) to file a report.
All products sold as REFURBISHED are sold “AS IS” unless otherwise stated. If a USA Mobile warranty is stated, USA Mobile will repair or replace, at our option, the REFURBISHED product containing manufacturing defects so long as the product is returned in its original shipping materials to USA Mobile within the warranty period. This warranty is made only to the purchaser whose name appears on the original invoice, is non-transferable, and is void if resold. Service by a non-approved technician voids any USA Mobile warranty. If USA Mobile accepts product for repair of a manufacturing defect, but discovers that the problems are unrelated to manufacturing defects, or caused through service by a non-approved technician, buyer agrees to pay USA Mobile the cost of the repair.
USA Mobile disclaims all express or implied warranties regarding the merchantability and fitness of the products you have purchased for any particular purpose. USA Mobile makes no warranties that the products you have purchased are compatible with any particular software or non-USA Mobile equipment. USA Mobile is not responsible for any damage, problems, or data loss resulting from software, hardware failure, or non-USA Mobile equipment placed by Customer on USA Mobile product. Installation or service by a non-approved technician voids any and all warranties expressed or implied. USA Mobile shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.
Errors and Omissions
USA Mobile makes every effort to ensure the accuracy of the information published in our advertisements and on our website. However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. USA Mobile makes no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided “as is” without warranty of any kind.
If an error is made and a product is listed at an incorrect price, USA Mobile shall maintain the right to refuse or cancel any orders placed at the incorrect price. Products and packaging depicted may differ from stock available time of shipment. We reserve the right to substitute equivalent items.
Note: We do not guarantee USA Mobile prices listed on other websites or price engines.
MANUFACTURER’S UPDATES, MODIFICATIONS, AND VALIDATION CHECKS
USA Mobile® is not responsible for any problems with the functionality of a product resulting from, created by or related to any update, modification or validation check process done to the product by its manufacturer that affects your product which occurs after the time that the product has been shipped by us to you.
USA Mobile Standard Terms of Sale
All sales are subject to the following terms and conditions:
- Customer Acknowledgment.
Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from USA Mobile.
- All Sales Made In Arkansas.
All sales shall be deemed made in the State of Arkansas, USA, regardless of the location of the Customer.The Customer agrees that any dispute with USA Mobile arising out of the Customer’s purchase from USA Mobile shall be brought by the Customer exclusively in the state or federal courts situated in the State of Arkansas; and the Customer hereby agrees that such venue is appropriate and that USA Mobile’s agreement to sell and deliver products to the Customer is dependent on this provision.
- Purchase Price.
(a) Prices are listed in USA Mobile’s advertisements and web site and are subject to change without notice. Prices for certain governmental, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties.(b) Payment is due before shipment.
(c) USA Mobile collects sales and use taxes for sales shipped to the State of Arkansas. USA Mobile shall not be liable for handling or customs charges for shipments outside the United States.
- Shipping Terms.
USA Mobile will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. For any products sold that are damaged, lost, or stolen by carrier in transit to Customer, an insurance claim must be submitted to the carrier, not to USA Mobile. USA Mobile is not responsible or liable for loss or resulting damage due to carrier’s negligence or theft. Delivery times are estimates only and USA Mobile shall not be liable for delays. Orders that are refused will be charged a 20% restocking fee.
- Vendor License Agreements.
Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
Products sold by USA Mobile, including equipment and software, may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.
- LIMITED MANUFACTURER’S WARRANTY.
(a) USA Mobile warrants that it has good title to the hardware Products it sells and that it has proper authority to license the software Products it distributes.(b) USA Mobile does not warrant the performance or integrity of any Product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective Products.
(c) USA Mobile DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY.
IN NO EVENT SHALL USA Mobile BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER’S OR PUBLISHER’S END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL USA Mobile LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM USA Mobile. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE INTEGRAL TO THIS ORDER. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
Returns of Products are subject to USA Mobile’s current return policies, which are set forth on this web site, subject to any additional or lesser return rights adopted by the manufacturer or publisher.
- Exclusive Agreement.
These Terms of Sale represent the complete and final agreement between the Customer and USA Mobile for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in USA Mobile’s invoice for the relevant sale. Terms contained in Customers’ purchase orders, offers to buy, terms and conditions, and the like shall have no effect.
(a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of Arkansas. Should any dispute arise regarding this agreement, Customer consents to jurisdiction in the State of Arkansas and agrees that venue is proper in the County of Garland. Customer agrees that the place of performance of this agreement is in the County of Garland, State of Arkansas. Further, the prevailing party in any such dispute shall be entitled to costs including attorney’s fees.(b) In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.
(c) USA Mobile shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.
(d) These Terms of Sale may be modified from time to time by USA Mobile without notice, and are current as of the date of the web site. Please refer to the current web site.
- Abandonment Policy
After USA Mobile receives a customer’s device, the customer will be contacted by a representative with a price quote to repair the product. If the customer does not respond by phone or email within 30 days, the customer’s product is considered abandoned and becomes the property of USA Mobile. USA Mobile will recycle the customer’s product at our sole discretion and there will be no additional charges for the disposal or recycling of the customer’s product.
- Outside of the US and Puerto Rico Orders
USA Mobile cannot accept orders from Puerto Rico or outside of the US.
- Service and Parts
USA Mobile employs experienced technicians. Apple does not authorize AASP’s or any other entities to perform warranty work on iPods, iPhones, or iPads. Due to this, USA Mobile can not procure replacement parts for iPods, iPhones, or iPads directly from Apple. USA Mobile does, however, purchase quality OEM parts where possible, and high-quality and fully tested parts when OEM is not possible. USA Mobile stands by the quality of its parts and products, and as such, we warranty all parts and services that we sell.