BetaJet, LLC Pre-Order Terms and Conditions
The following Pre-Order Terms & Conditions (“Pre-Order Terms”) are between you, or the company you represent (“Purchaser”), and BetaJet, LLC (“BetaJet”) govern the placing of Pre-Order offers (“Pre-Order”) with BetaJet for the [Product Name] (“Product”). By placing a Pre-Order, Purchaser represents and warrants that it has read, understands, and agrees to be legally bound by these Pre-Order Terms, as well as BetaJet’s Privacy Policy and Terms of Use. These Pre-Order Terms shall be controlling in the event of any conflict, inconsistency, or difference with BetaJet’s Privacy Policy or Terms of Use, except to the extent such documents indicate an express intention to supersede these Pre-Order Terms.
1. Pre-Order Offers. When Purchaser submits a Pre-Order for the Product, it is making an offer to purchase the Product. The Pre-Order is considered complete upon provision of a valid shipping address to BetaJet. BetaJet may reject any and all Pre-Orders, for any reason whatsoever and at its sole discretion, prior to the shipping of the Product. If BetaJet rejects Purchaser’s Pre-Order, the sole and exclusive remedy shall be a refund of the Purchase Price (defined below). BetaJet will inform Purchaser once the Product is ready to ship at the provided email address if the Pre-Order has been accepted or declined. BetaJet’s acceptance of Purchaser’s Pre-Order is conditioned expressly upon Purchaser’s acceptance and agreement to be legally bound by each and every term and condition included in these Pre-Order Terms, as well as BetaJet’s Privacy Policy and Terms of Use. Purchaser’s payment for the Product constitutes acceptance of these Pre-Order Terms as well as BetaJet’s Privacy Policy and Terms of Use, which are controlling regardless of any inconsistent or additional terms and conditions sent by Purchaser to BetaJet or which could otherwise be considered established by (i) course of dealing; (ii) course of performance; or (iii) usage of trade, unless explicitly agreed to otherwise, in writing, by BetaJet, as a waiver or modification.
2. Eligibility. In order to place a Pre-Order for the Product, you must warrant and represent that:
2.1 You are over the age of 18;
2.2 You will not disassemble or reverse engineer the Product;
2.3 You are not located in a country prohibited from purchasing goods and/or services from the United States, including any embargoed country or terrorist supporting country, as defined by the United States Government;
2.3 You will not use the Beta Materials for any illegal purpose, including but not limited to any use that violates the intellectual property rights of BetaJet or any third-parties and you understand that performing such an illegal action can subject you to criminal and/or civil liability; and that your use of the Product will comply with all applicable export control laws and regulations.
2.4 You will not use the Product to create any item, in whole or in part, that is subject to the International Traffic in Arms Regulations (ITAR) pursuant to 22 C.F.R. §§ 120-130.”
2.5 You will take sole responsibility for all design and testing of any items produced with the Product and will hold BetaJet harmless and/or indemnify BetaJet for any defects in items produced by the Product.
2.6 You agree to be bound by BetaJet’s Privacy Policy and Terms of Use.
3. Payment. BetaJet will charge Purchaser the purchase price for the Product, which includes shipping costs and taxes (where applicable) (“Purchase Price”) when the Pre-Order is placed. By placing a Pre-Order, Purchaser is expressly consenting to BetaJet charging the provided payment method at the time such Pre-Order is placed. However, payment does not guarantee BetaJet’s acceptance of your Pre-Order offer. Payment must be received in full, including shipping charges and taxes, where applicable, before BetaJet will accept your Pre-Order and/or tender to carrier for shipment.
4. Pre-Order Specifications. The Product’s specifications may change between the time the Pre-Order is submitted and the time the Product is ready to be shipped. BetaJet will make reasonable efforts to update Purchaser in the event the Product specifications change. If, due to changes in the Product’s specifications, Purchaser no longer desires the Product, Purchaser must notify BetaJet prior to BetaJet’s acceptance of Purchaser’s Pre-Order.
5. Refunds Prior To Acceptance. If Purchaser requests a refund of the Purchase Price prior to BetaJet’s acceptance of the Pre-Order, BetaJet will refund the Purchase Price. The preceding sentence does not apply if BetaJet has already accepted Purchaser’s Pre-Order, in which case BetaJet’s refund policy and limited warranty shall apply.
6. Shipping. Purchaser understands that the Product is not yet ready to be shipped. The Product is expected to be ready for shipping by August, 31, 2017. If the Product is not ready for shipping by that date, BetaJet will inform Purchaser of a revised date and offer the opportunity for a refund of the Purchase Price. It is Purchaser’s responsibility to ensure that the provided shipping address remains current. BetaJet will not be liable for any failure to update the shipping address. Please contact info@betajet.com to update the shipping address.
7. Risk Of Loss. Risk of loss passes to Purchaser at the time BetaJet tenders the Product to the carrier and Purchaser is responsible for any loss or damage to the Product after BetaJet tenders the Product to the carrier for shipping and is responsible for making claims against the carrier for any loss or damage to the Product after BetaJet delivers the Product to the carrier for delivery.
8. Taxes. BetaJet will charge sales tax to residents of the State of Georgia only. All import duties, taxes, and other charges are not included in the Purchase Price and, except as provided in the preceding sentence, shall be Purchaser’s responsibility. It is Purchaser’s responsibility to determine any such additional costs prior to placing a Pre-Order offer for the Product and to make a judgment whether such additional costs make placing a Pre-Order feasible.
9. Restrictions On Use. By submitting a Pre-Order, Purchaser agrees that it will not, directly or indirectly: (i) reverse engineer the Product or any part thereof; (ii) transfer, permanently or temporarily, the rights granted hereunder, except in connection with the transfer of the entire Product, in which event Purchaser’s obligations under these Pre-Order Terms also transfer; (v) alter, in any way, any notices that appear on or in a Product; (vi) use the Product in a way that violates any applicable laws and regulations; and/or (vii) use the Product except in accordance with the instructions provided with the Product.
10. Use In Conjunction With BetaJet Services And Products. Certain features of the Product require an Internet connect, access to, and use of the BetaJet website, www.www.betajet.com (“Site”) and/or the BetaJet mobile app (“App”). Use of the Site and App is subject to the BetaJet Terms of Use and the BetaJet Privacy Policy (with links to these policies). Additionally, the Product may only be used in conjunction with BetaJet resin (“Resin”). Any specifications provided by BetaJet regarding the Resin are general guidelines for reference only and actual specifications may vary depending on Purchaser’s specific use, design, and/or application.
11. Intellectual Property. BetaJet owns, or is the authorized licensee of, all intellectual property rights in the Product and the Site. By placing a Pre-Order, Purchaser agrees not to infringe upon BetaJet’s intellectual property rights. BetaJet is not responsible for any use of the Product which infringes upon the intellectual property rights of any third-party. Purchaser agrees to fully indemnify BetaJet from any claims, demands, lawsuits, damages, or any similar event should it use the Product to infringe upon the intellectual property rights of any third-party.
12. Limited Warranty. Before BetaJet accepts a Pre-Order, it will publish the details of its Limited Warranty for the Product on the BetaJet website. If Purchaser does not wish it’s purchase to be subject to the Limited Warranty, contact BetaJet to rescind your Pre-Order offer and BetaJet will refund your Purchase Price.
13. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THE BETAJET TERMS OF SERVICE OR LIMITED WARRANTY, THE PRODUCT IS PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, BETAJET EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. Limitation Of Liability. Unless prohibited by applicable law, BetaJet, and its officers, employees, agents, and assigns, shall not be liable for personal injury, incidental, special, indirect, and/or consequential damages arising out of or related to Purchaser’s Pre-Order or use of the Product, however caused and irrespective of the theory of liability. In any event, BetaJet’s total liability for all damages shall not exceed the Purchase Price and, further, the foregoing limitations on liability will apply even if the above stated remedy fails of its essential purpose.
15. Force Majeure. Should an event occur that is beyond the control of either party, including but not limited to, an Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural or man-made eventuality outside either party’s control, which could not have been reasonably foreseen, neither party shall be liable to the other for such an occurrence for any failure to perform any obligations under these Pre-Order Terms or any other agreement between Purchaser and BetaJet provided that a party, if affected by such an event, shall inform the other party and comply, to the maximum extent possible, with these Pre-Order Terms and any other agreement between the parties.
16. Privacy. Any information you provide in connection with your Pre-Order offer, as well as any information you provide subsequent to your Pre-Order offer is subject to BetaJet’s Privacy Policy.
17. Modification. BetaJet reserves the right to modify these Pre-Order Terms, or any other agreement between you and BetaJet, as BetaJet sees fit and in its sole discretion, and it is your responsibility to periodically review this Agreement for changes. In the event that such a change modifies any obligations in a material manner, Purchaser must accept such revised Pre-Order Terms in their modified form for a Pre-Order offer to remain in effect. Changes that do not materially modify any obligations are effective upon publication. In the event there is a dispute concerning events arising under these Pre-Order Terms, such disputes shall be resolved in accordance with the version of the Pre-Order Terms in effect at the time the dispute arose.
18. Dispute Resolution. In the event that any dispute arises out of, or related to, these Pre-Order Terms or any other agreement between the parties, or the breach thereof, Purchaser agrees to attempt to resolve the dispute by first negotiating with BetaJet in good faith. If the dispute cannot be resolved through good faith negotiation, the parties agree to then submit the dispute to a mutually agreed-upon mediator in an attempt to resolve the dispute. The process for selecting a mediator shall be as follows: Purchaser shall submit a list to BetaJet containing the names, contact information, and website addresses, if available, of three (3) certified mediators. BetaJet shall select one mediator from the provided list of mediators and such chosen mediator will mediate the dispute on a mutually agreed-upon date and time, provided that the mediation must occur within a seventy-five (75) mile radius from Athens, Georgia. The parties agree to evenly share in the cost of the mediation.
19. Governing Law. This Agreement, and any other agreement entered into between the parties, shall be governed by and construed in accordance with the laws of the State of Georgia, without reference to conflicts of laws principles, except to the extent that United States federal law preempts Georgia law, in which case United States federal law will apply, without reference to conflicts of law principles.
20. Venue and Jurisdiction. All claims, disputes, controversies whatsoever arising out of or related to this Agreement or any other agreement between you and BetaJet shall be commenced, filed, and litigated, subject to the provisions and pre-requisites of this Agreement, before a court of competent jurisdiction in Athens, Georgia. Purchaser agrees, acknowledges, and submits to the personal jurisdiction of the courts of Athens, Georgia, and any appellate courts therefrom, and waive any objection on the grounds of lack of personal jurisdiction, forum non conveniens, venue, or otherwise, to the exercise of jurisdiction over it by any such courts.
21. Severability. If any portion of this Agreement is found to be unenforceable by a court of competent jurisdiction, such determination shall have no effect on the remainder of the terms of this Agreement and such remaining terms in this Agreement shall continue in full force and effect.
22. Electronic Communications. By placing a Pre-Order offer, Purchaser is expressly giving BetaJet permission to communicate via electronic means and it agrees that all such electronic communication, including without limitation, terms and conditions, agreements, notices, and disclosures, comply with any legal requirements to the same extent as if such communications were provided in writing.
23. Headings. The headings contained in this Agreement are inserted only as a matter of convenience and reference and in no way define, limit, or describe the scope or intent of this Agreement and do not in any way effect its provisions.
24. BetaJet Contact. Should you have any questions regarding this Agreement or would like to contact BetaJet for any other reason, BetaJet’s address is BetaJet, LLC, 345 West Hancock Avenue, 2nd Floor, Athens, Georgia, USA 30601.
