Terms and Condition

War Machine’s Sale Agreement Terms and Conditions document, henceforth referred to as the “Agreement,” details the terms and agreement under which a product or service is ordered, purchased, invoiced, and delivered; the Agreement further details the conditions under which the use of any products or services provided by War Machine, our subsidiaries, and our affiliate (collectively, “War Machine”). 

Acceptance of products and/or services from War Machine as detailed on any invoice is understood to be a binding agreement, between both the customer and War Machine, to comply with the terms and conditions detailed within the Agreement.  Should any attempt at alteration, supplementation, or amendment to this document be made will render additional terms and conditions null and void; there are no exceptions to this policy unless any changes are agreed upon, documented, and signed by both the customer and War Machine. 

War Machine reserves the right to alter the Agreement under its discretion, at any time, and without prior written notice. 

1)       Definitions:

a)       You, Your and Customer(s) refer to any individuals or entities participating in surveys/polls or ordering products and service.

b)       We, Us, and/or Our refers to Project War Machine.

2)      Payment Terms, Orders, Invoicing, and Interest:  Unless otherwise noted, all quoted and advertised prices are in U.S. Dollars; shipping, handling, and any taxes imposed by a government or legal authority with jurisdiction over the area in which you, the customer, reside/work are not factored into the advertised price.  Further, War Machine is not bound to honor typographic, pricing, or other errors in any published offer made regarding products or services, and reserves the right to cancel any orders resulting from such errors.

a)     War Machine reserves the right to cancel, in whole or in part, any order, transaction, or service at our discretion with little or no notification.

b)     Unless otherwise agreed to in writing by War Machine, the terms and methods of payment for products and/or services are held in War Machine’s sole discretion; payments must be received by War Machine before the acceptance of any order or request for service.

c)     Amounts invoiced to the customer are due and payable within the time period detailed on the invoice, beginning with and measured from the date of the invoice; if necessary, War Machine may invoice parts of an order separately.

d)      Past-due fees will have interest added to the delinquent amount at the highest percentage rate allowed by law. 

3)      Taxes:  The customer is responsible for any and all sales or other taxes applicable to the purchase, storage, or shipping of any order or service unless valid and applicable tax exemption certificates are provided at the time of purchase.

4)      Shipping, Title and Risk of Loss:  Unless expressly indicated otherwise at the time of sale, shipping and handling fees are additional charges applied to each order.  Shipping dates provided at the time of purchase are estimates only, as there may be unforeseen shortages of product due to reduced/increased demand, internal shipping issues, etc.; should any major delays be expected regarding the shipping of the product, the customer will be informed of the updated expected shipment date.   

a)      Any loss or damage incurred by the product during shipping by whatever carrier selected by War Machine is War Machine’s responsibility, and the costs of repairing or replacing damaged or missing components will be covered at our expense.  Notification of such loss or damage must be provided to War Machine within fourteen (14) calendar days of receipt of product.

b)      Should the customer choose to employ a carrier of their own choice, as indicated at the time of sale or afterward, any loss or damage during shipping by said carrier is your responsibility; War Machine disavows itself of any responsibility or liability, as we offer shipping and handling services in order to better protect our customers’ interests.

c)       While ownership of any software included with an order falls to the customer, both the title and licensing of software remain the property of the licensor.  Users of software are subject to all terms and conditions contained within software license agreements; War Machine is not liable for inappropriate or illegal usage or copying of any software purchased or offered with War Machine components, products, and/or services.

5)      Return/Exchange Policy:  War Machine-branded products purchased directly from War Machine may be returned or exchanged in accordance with War Machine’s Return Policy.  Customers availing themselves of the return policy should keep the following information in mind:

a)     Customers should notify War Machine of their intentions before any attempt to return the product is made.

b)    Customers are requested to return product in the same packaging the product was received in; should the original packaging not be available or usable the customer should return the product in boxes and packing material of approximately the same size and durability as the original packaging material

c)      The customer is responsible for shipping and handling fees, and assumes the responsibility for any additional fees, shipping damages, or potential loss of the product being returned or exchanged.

d)      War Machine cannot accept product that has been modified or otherwise processed for either disposal or resale.

6)      Limited Product Warranty:

a)    Domestic Customers:  The Limited Product Warranty applicable to all War Machine-branded products may be viewed at http://www.projectwarmachine.com/warranty.htm.  This warranty does not apply to non-War Machine products, software, or services; such products are provided “as is.”  All service and warranty issues for non-War Machine branded products, if any, are provided by the original manufacturer; War Machine is not bound by nor liable for any agreements, services, or damages incurred by use of non-War Machine branded products, services, or software. 

b)     International Customers:  War Machine-branded products shipped outside the United States are subject to the same basic warranty as domestic consumers; however, international customers are responsible for all freight charges incurred in the process of shipping, importing/exporting, and the replacement or return of products to and from War Machine.  Additionally, all international customers are responsible for all customs duties and compliance with compliance with international shipping regulations, VAT, and other associated taxes and charges.

c)     Disclaimer of Warranties:  War Machine is bound by no warranty details or obligations, express or implied, except those stated within this portion of the Sales Terms and Conditions Agreement and/or War Machine’s applicable warranty statement, effective as of the date detailed on the invoice, and only effective while within the relevant period.  War Machine is obligated to honor any such warranty only upon payment in full for the item to be warranted.

7)      Limitation of Liability:  War Machine cannot be held liable for or answerable to: non-War Machine-branded components and modifications; data corruption or loss; damaged or defective software; lost profits; loss of business; consequential, special, indirect, or punitive damages, even if the customer has been advised of potential damages; damage claims by any third party, except as expressly stipulated by contract or detailed within the scope of our warranty.

Purchase of War Machine-branded products, components, or services indicates the customer’s agreement that War Machine is neither liable nor responsible for any liability related to: the purchase of products and/or services; additional components, products, services, and/or software bundled with purchased material.  The customer further acknowledges and agrees that War Machine neither be held liable nor responsible for any amount of damages above the total dollar amount paid for War Machine products and/or services as governed by this agreement.

Additional limitations with regard to liability are detailed as follows:

a)    Software:  You agree to be bound by the license agreement for any and all software bundled with War Machine; such agreement is implied once the package is opened or its seal is broken.  War Machine does not warrant any software under this Agreement.  Customers should be aware that software is provided subject to the software manufacturer’s license agreement and is part of the package you receive from War Machine.

b)    Products: War Machine continually upgrades and revises its products and service offerings; as such, War Machine may revise or discontinue products at any time without prior notice to customers.  War Machine will ship products that have the functionality and performance of the products ordered, though potential changes between what is ordered based on a specification sheet and the product that is shipped are possible.  Components and assemblies by War Machine products are selected from new and equivalent-to-new parts selections and supplies in accordance with or beyond standard industry practices.  Spare or replacement parts made available to customers may be new or reconditioned.  The SKU numbers quoted for War Machine-branded hardware products meet or exceed the quality specified by War Machine on its website, and conform in all material respects with the War Machine product specifications detailed as of the date such products were shipped.

Periodically, components may fail or fall before the quality and performance levels detailed by War Machine; customers should refer to the Limited Product Warranty section of this Agreement for information on the methods and policies in place for addressing such eventualities.

c)    High-Risk Activities:  The customer agrees upon purchase of said goods not to provide any written regulatory certifications or notifications on behalf of War Machine.  War Machine has not tested product for use in high-risk activities including but not limited to: medical or life-sustaining applications or facilities; use in or handling of chemical materials and environments; or mission critical use.  WAR MACHINE IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT, OR WEAPONS SYSTEMS.

8)    Binding Arbitration:  Purchase of product or services for War Machine indicates that both the customer  and War Machine agree that any claim, dispute or controversy – whether by contract, tort or otherwise – and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims (“Dispute”) against War Machine, its shareholders, directors, employees, agents, successors, assigns or affiliates arising from, in connection with or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), War Machine’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (available via the Internet at http://www.arb-forum.com, or via telephone at 800.474.2371) under its Code of Procedure then in effect.  As some transactions will involve interstate commerce this provision shall be governed by the Federal Arbitration Act 9 United States Code, sections 1-16.  Any award of the arbitrators shall be final and binding on each of the parties; these arbitrations may be entered as judgments in any court of competent jurisdiction.  THE CUSTOMER UNDERSTANDS THAT, IN THE ABSENCE OF THIS PROVISION, HE/SHE/THEY WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.

9)      Governing Law, Applicable Law, and Not for Resale:

a)     Governing Law:  Any and all sales addressed by this Agreement shall be governed by the laws of the United States and the state of Florida, without regard to conflicts of laws principles and exclusion of the United Nations Convention pertaining to the International Sale of Goods.

b)    The customer agrees and represents that he/she/they are buying the products governed by this Agreement for personal, private industry, or public industry use, thereby acknowledging that the product is not for resale.

10)  Export:  The customer acknowledges that by purchasing goods licensed and/or sold under the provisions of this Agreement, as well as the transaction contemplated by this Agreement (which may include technology and software), are subject to the customs and export control laws and regulations of the United States; said transaction may also be subject to the customs, export laws, and regulations of the country in which the products are manufactured and/or received.  Under United States law the goods shipped pursuant to this Agreement may not be: sold, leased, or otherwise transferred to restricted countries; utilized by restricted end-users; be utilized by end-users engaged in activities related to weapons of mass destruction – including but not limited to activities related to the design, development, production, or use of nuclear, chemical, or biological weapons, materials, facilities, missiles or the support of missile projects.  

11) Miscellaneous Provisions:  Customers will not register or use any Internet domain name that contains a War Machine trademark or trade name (i.e., War Machine) in whole or in part, nor utilize any other name that is confusingly similar thereto; such usage would be considered by War Machine as infringement of trademark, theft, and malicious business practices and would seek redress through litigation to the full extent of the law. 

The section headings used within this Agreement are for reference purposes only, and do not form a part of these terms and conditions.  As such, no construction or inference of responsibility or liability shall be derived from the reference heading and thereby be binding to War Machine or its subsidiaries and affiliates.  In the event that a court of competent jurisdiction or authorized adjudicator should rule any term of this Agreement unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.

Copy and usage of this Agreement, or any other material present within or upon any website or product provided or maintained by War Machine, constitutes copyright infringement, and may be pursued to the fullest extent of the law; however, due to limited methods of stating similar material related to laws, materials, and components used in the creation and distribution of products, each case shall be individually reviewed in order to ascertain if any copyright infringement – in whole or in part, intentional or unintentional – is actionable.