TERMS AND CONDITIONS
Crossrope LLC TERMS AND CONDITIONS OF SALE
WELCOME TO THE WEBSITE OF Crossrope, LLC. THESE TERMS AND CONDITIONS OF SALE GOVERN AND APPLY TO ANY ORDER YOU PLACE WITH, OR PRODUCTS YOU RECEIVE FROM, Crossrope, LLC THROUGH THIS WEBSITE OR OTHERWISE. PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF SALE (COLLECTIVELY WITH ANY AMENDMENTS REFERRED TO HEREINAFTER AS “TERMS AND CONDITIONS”). BY PLACING AN ORDER FOR Crossrope, LLC’S PRODUCTS, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR Crossrope, LLC’S PRODUCTS. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST PURCHASE AND USE Crossrope, LLC’S PRODUCTS ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT ORDER OR USE Crossrope, LLC’S PRODUCTS.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on our website. Your purchase of products from Crossrope, LLC after any such changes constitutes your acceptance of the new Terms and Conditions. The Terms and Conditions displayed on the website at the time the order is accepted will apply to the order. By placing an order, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product from Crossrope, LLC.
Unless otherwise noted, Crossrope, LLC will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Crossrope, LLC may provide delivery or shipment time frames or dates, you understand that those are Crossrope, LLC’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. Crossrope, LLC shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
Warranties and Product Policy
Due to the customized nature of Crossrope products and normal wear and tear, all sales are final. All products are inspected for quality. However, if you have received a defective product, please contact Crossrope, LLC at support@Crossrope.com to receive a replacement.
Limitations on Liability
We exclude all representations, warranties, conditions, and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. Under no circumstances, including without limitation negligence, shall Crossrope LLC and/or any of its affiliates, owners, officers, directors, employees, agents and suppliers be liable for any damages, claims or losses incurred by you or any third party for injury or damages to any person or property (including without limitation, for any special, direct, indirect, incidental, consequential, compensatory, exemplary, punitive or any other damages of any nature arising out of the use or misuse of its products, however caused, and under any theory of liability, including but not limited to any damages suffered as a result of product malfunction or breakage, any and all defects, latent or apparent, or problems or deficiencies in the design or condition of the product. This is a comprehensive limitation of liability that applies to all losses and damages of any and all kinds, whether the claim is in contract, tort, product or strict liability, or negligence even if an authorized representative of Crossrope LLC had been advised of or should have known of the possibility of such damages, claims, or losses, and notwithstanding any failure of essential purpose of any limited remedy. These limitations of liability shall be governed by and construed in accordance with the law of the United States of America. Applicable law in certain jurisdictions may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, unlawful, oid, or unenforceable for any reason, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions, and the aggregate liability of Crossrope LLC, and/or any of its affiliates, owners, officers, directors, employees, agents, and suppliers, under such circumstances for liabilities that otherwise would have been limited shall not exceed the purchase price of the product.
Applicable Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Virginia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions shall be filed only in the Virginia or the United States District Court for the Eastern District of Virginia, and except as stated herein, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U.S.Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of the Commonwealth of Virginia. Arbitration proceedings will be determined in accordance with the Act, under the Commercial Rules of the American Arbitration Association, except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the American Arbitration Association (“AAA”) rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by AAA and conducted in Viriginia. All Claims shall be determined by one arbitrator. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement, and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on AAA under applicable AAA rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorneys’ fees and costs. The terms of this section survive any termination of the Terms and Conditions.
The Terms and Conditions constitute the entire agreement between Crossrope, LLC and you with respect to your purchase of products from Crossrope, LLC. Any cause of action you may have with respect to Crossrope, LLC’s products must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Crossrope, LLC to enforce or exercise any provision of the
Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Crossrope, LLC’s written consent which may be withheld reasonably or unreasonably. Only you and Crossrope, LLC shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Crossrope, LLC’s and their respective successors and assigns. The terms of this section survive any termination of the Terms and Conditions.
Other important terms
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.