Purchase On-line Terms and Conditions
3rd Rock EnergyTERMS OF SALE
The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to 3rd Rock Energy indicates acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by 3rd Rock Energy. 3rd Rock Energy reserves the right to make changes to this site and these terms and conditions at any time.
1. Acceptance; No Sales to Minors; Other Purchase Limitations; Order Cancellation. All agreements between 3rd Rock Energy and Buyer for the purchase and sale of Products, whether made via internet, telephone, written order or other means, will be governed by these Terms, unless covered by another prior written agreement. To be valid any deviations from these Terms must be in writing and signed by both parties. 3rd Rock Energy objects to any additional or different terms in, or referenced by, Buyer's documents, and they will not be deemed a part of these Terms or any resulting order.
2. Limitation of Liability. 3rd Rock Energy’s total liability, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the particular Products sold under these Terms with respect to which losses or damages are claimed. In no event will 3rd Rock Energy be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental or consequential damages to the full extent such may be disclaimed by law. No action will be brought for any breach of these Terms more than one year after the accrual of such cause of action. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Buyer.
3. Return Policy. Items may be returned within 30 days from date of receipt in unused condition in original packaging. Used items cannot be returned. Refund will be less shipping and will be subject to a 15% restocking fee. Defective items will be replaced once defective merchandise is received back by 3rd Rock Energy.
4. Warranty. 3rd Rock Energy’s warranty (if any) on a Product is to the first end user or consumer only, and 3rd Rock Energy makes no representation or warranty of any other kind, express or implied. 3rd Rock Energy specifically disclaims any implied warranty of merchantability or fitness for a particular purpose. If any Product is defective at the time of delivery to Buyer, Buyer’s sole remedy will be determined under 3rd Rock Energy’s Return Policy (see above), as determined solely by 3rd Rock Energy. 3rd Rock Energy reserves the right to modify its warranty at any time, in its sole discretion. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Buyer. This warranty gives Buyer specific legal rights, and Buyer may also have other rights, which vary from state to state.
5. No Unlawful or Prohibited Use. As a condition of your use of the Products purchased from 3rd Rock Energy, you will not use the Products for any purpose that is unlawful or prohibited by law. Buyer agrees that the Products you are being provided by 3rd Rock Energy are being provided for lawful purposes only.
6. General. The invalidity in whole or in part of any provision of these Terms will not affect the validity of other provisions, unless such invalidity would frustrate the purpose of these Terms. 3rd Rock Energy will not be liable for any delay or failure to perform due to any cause beyond its reasonable control. The parties acknowledge having specifically requested that these Terms as well as all other documents relating thereto be drawn up in the English language only.