Buchla Electronic Musical Instruments Purchase Terms and Conditions
The terms and conditions herein (this “Agreement”) apply to all of your purchases from www.buchla.com (the “Site”) and may not be altered or amended under any circumstance except with the express written permission of Buchla Electronic Musical Instruments. Any attempt to alter or amend this agreement will be deemed null and void. By visiting this Site and purchasing products, you agree to be bound by and accept the terms of this Agreement.
Purchases made on www.buchla.com may be paid for by credit card using PayPal.
Stocked Item Policy
Some products, including those identified as On-Special, Closeouts, Limited Quantity, Factory B-Stock, etc. may be limited to stock on hand. Buchla Electronic Musical Instruments is under no obligation to fulfill orders for products that are no longer in stock at its sole discretion.
Buchla Electronic Musical Instruments reserves the right to hold an order for longer than 24 hours to verify shipping and/or billing information. Based on product availability, we reserve the right to send partial shipments, however, partial shipments do not relieve you of your responsibility to accept and pay for the entire order.
We are required by law to collect sales tax, which may also include local taxes, on all purchases made from or shipped to California; taxes for orders made from or shipped to other states may also be subject to state tax in accordance with applicable law. If the item being purchased is shipped to any one of these states, you will be charged the applicable sales tax rate, which may also include local taxes.
All new products sold by Buchla Electronic Musical Instruments include the manufacturer’s limited warranty. Warranty periods and services vary by manufacturer and product. Manufacturers generally include a printed notice of their warranty policy with the product or post it on-line at their Web site. Please see the manufacturer’s Web site for further information.
BUCHLA ELECTRONIC MUSICAL INSTRUMENTS PROVIDES NO SEPARATE WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUCHLA ELECTRONIC MUSICAL INSTRUMENTS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING ANY PRODUCTS SOLD TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Limitation of Liability
BUCHLA ELECTRONIC MUSICAL INSTRUMENTS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR FOR THE PROVISION OF SERVICES AND SUPPORT. BUCHLA ELECTRONIC MUSICAL INSTRUMENTS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, Buchla Electronic Musical Instruments SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These terms and conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of Oregon as those laws are applied to contracts entered into and to be performed entirely in Oregon, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in Josephine County, Oregon, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.
The section headings used herein are for reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.