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terms of sale

scope

These terms and conditions of sale ("Terms and Conditions") govern your purchase of products, accessories and/or services ("Products") from OQO, Inc. ("OQO") through OQO's website www.oqo.com, unless you and OQO have executed a separate written agreement. These Terms and Conditions will apply whether or not they are enclosed with the Products sold hereunder. You agree that all purchases of Products are for your internal use in the United States only, and not for resale or export outside of the United States. To the extent that the Products contain software in any form, such software is licensed to you by OQO or its licensors, not sold, solely for use in conjunction with the Products with which such software is delivered. You acknowledge and agree that all such software is protected by U.S. copyright law and international treaties.

order processing

Order processing lead time is the length of time it will take to complete payment processing, assemble the correct Products and package your order. Order processing lead times are in business days (Monday through Friday), excluding Federal Reserve holidays. For orders placed and payment processing completed after 1:00 pm Pacific time, order processing will begin the following business day. For orders placed during the weekend or on holidays, order processing will not begin until the next business day.

We encourage you to visit the OQO Store to view the status of your order.

Given the popularity of some products, OQO may restrict the number of such items that you may purchase. Any such restrictions or other purchase limitations will be posted on the OQO Store. This information is subject to change.

shipment

You acknowledge that all scheduled shipment dates are estimates only. The estimated shipment date on your order confirmation is based on product availability, payment processing time, and factory and warehouse processing time and does not include transit time. Shipping time is the length of time it will take for the package to travel from our warehouse to your shipping address. You acknowledge that the actual shipping date may change due to changes in order processing lead time or Product supply.

OQO only offers Two-Day Delivery to the 50 United States, including the District of Colombia. OQO only ships Products to registered addresses served by its selected carrier. No Products can be delivered to PO/APO/CPO boxes. All Products shipped prior to carrier cutoff, via Two-Day Deliver are normally delivered by 3:30 p.m. local time within two business days after shipment. You may not select a carrier other than OQO's designated carrier.

OQO will make every effort to ship your Products by the estimated shipment date on your order confirmation but in no event will OQO be liable for any loss, damage or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed an agent of OQO. OQO will notify you by email of any changes in the estimated shipment date for your order. OQO will have the right to allocate its available inventory of Products among its purchasers in such manner as OQO deems equitable.

partial shipment

By accepting partial shipment, items in your order will ship as they become available, beginning with those already in stock. No additional shipping fees will be charged for separate shipment of partial orders. For delayed accessories included with the model 02 and in accessory bundles, you will be charged for the full amount of your order upon your first shipment. For individual delayed accessories, you will be charged separately with each shipment using the same card for the entire order.

risk of loss

All shipments are FOB, OQO's warehouse facility. Title to the Products (except to the extent that the Products consist of software) and risk of loss will pass to you upon OQO's delivery of the Products to the carrier.

price

The total purchase price indicated on your order confirmation will include shipping and handling charges, regulatory fees as applicable (such as the California Electronic Waste Recycling Fee) and, unless you provide OQO with a tax-exemption certificate acceptable in the appropriate taxing jurisdiction, any applicable taxes, which OQO will calculate based on the ship-to information specified in the order and the prevailing tax rates as of the date of shipment.

payment terms

Payment terms are within OQO's sole discretion, and, unless otherwise agreed to by OQO, payment must be made at the time of purchase. Payment for Product may be made by credit card or some other prearranged payment method. You may pay by credit card no matter which ordering method you use (Internet or phone). Payment processing will not begin until we receive all the information we need and full payment (or a full authorization, in the case of credit card orders). Credit card billing occurs when your order ships.

OQO requires the credit card security code for your card for any telephone or online purchase. The credit card security code is an individual three- or four-digit number specific to your credit card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard). Asking for and confirming your credit card's security code helps validate that you - and only you - are in the possession of your credit card and protects you from unauthorized use of your account.

OQO may invoice portions of an order separately. Your order is subject to cancellation by OQO, at OQO's sole discretion. OQO is not responsible for pricing, typographical, or other errors in any offer by OQO and reserves the right to cancel any orders resulting from such errors.

return policy

For a period of fourteen (14) days from the date of your purchase of a Product directly from OQO, you may return the Product to OQO for a refund of the purchase price actually paid, less a ten percent (10%) restocking fee. Extended warranties may be returned for a period of thirty (30) days from the date of your purchase for a refund of the purchase price actually paid with no penalty. Please allow 30 days from the receipt of your OQO and/or accessories at our repair center for your credit to be processed. Prior to returning the Product to OQO, you must obtain an OQO return authorization number (RMA) by contacting OQO Customer Support.

Garmin products may only be returned if they are unused and sealed in their original packaging. Other products must be returned in the original packaging in as-new condition along with all accessories, media and documentation that originally shipped with the Product. The RMA number must be noted on the outside of the packaging. Products that have been damaged through misuse or abuse, or Products that have been opened by an unauthorized party are not eligible for a refund. Shipping and handling for your original order is not refundable. Damage and missing part restocking fees may apply. Products not shipped back to OQO within five (5) days of the date that OQO issues an RMA number will not be accepted for a refund. You are responsible for and must prepay all shipping charges and you assume all risk of loss or damage to Products while in transit to OQO. If you return a Product to OQO without following these guidelines, OQO retains the sole right to either refuse delivery of such return or charge you an additional restocking fee.

limited warranty

OQO's Limited Warranty Statement for the Products may be found on our website or in the documentation accompanying the Products. OQO makes no other warranties with respect to the Products except as set forth in the Limited Warranty Statement.

changed or discontinued product

OQO may modify the Products, at any time and without notice to you, and this may affect information saved in your online "cart", including Product specifications. However, any modifications that OQO makes to the Products will not materially affect Product functionality or performance. OQO reserves the right to discontinue Products, at any time and without notice to you. Products sold as “refurbished” or “reconditioned” may include new and/or used components.

support

OQO provides support for the Products based on documentation which may be found on our website at www.oqo.com/support.

limitations of liability

IN NO EVENT WILL OQO'S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO OQO BY YOU FOR THE PRODUCT GIVING RISE TO THE LIABILITY.

IN NO EVENT WILL OQO BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, PROFITS, BODILY INJURY OR DEATH) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT OQO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

governing law

These Terms and Conditions will be governed and construed in accordance with the laws of the State of California, excluding its conflicts of laws rules and principles.

arbitration

All disputes, controversies or claims arising out of or relating to these Terms and Conditions will be resolved through binding arbitration conducted in San Francisco, California in accordance with: (i) the Federal Arbitration Act; (ii) the then-current commercial arbitration rules of the American Arbitration Association (the "AAA"), and; (iii) the terms and conditions of these Terms and Conditions. The terms set forth in these Terms and Conditions will control in the event of any inconsistency between such terms and the AAA rules. The arbitration will be conducted by a single arbitrator reasonably familiar with the technology and business covered by these Terms and Conditions selected by mutual agreement of the parties. If the parties fail to select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then the AAA will appoint an arbitrator in accordance with its rules. The award of the arbitrator will be in writing setting forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties.

general

You may not assign or transfer these Terms and Conditions without OQO's express prior written consent and any attempt to do so, without such consent, will be null and of no effect. OQO may reference Customer by trade name and trademark in marketing materials and web site. Marketing copy will be provided to Customer for timely approval within 2-3 weeks of receipt. The failure by OQO to enforce any provision of these Terms and Conditions will not constitute a waiver of future enforcement of that or any other provision. If a court of competent jurisdiction finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect. These Terms and Conditions constitute the complete and exclusive agreement between OQO and you regarding its subject matter and supersedes all prior or contemporaneous agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms and Conditions will be effective only if in writing and signed by duly authorized representatives of each party.

u.s. government purchaser

To the extent that the Products are provided to the United States government, all software contained therein is "commercial software". Any use, duplication, or disclosure of the software by the U.S. government is subject to the restrictions as set forth in these Terms and Conditions or in any OQO license agreement accompanying the software and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is OQO, Inc.