DIGIWRIST TECHNOLOGY, INC.
TERMS AND CONDITIONS OF SALE
These Terms of Sale ("Terms") govern all orders ("Order" or "Orders") placed by you for the purchase or lease of DigiWrist products, equipment, and services ("Products"). Whether an Order is placed via the DigiWrist website, over the phone, through a purchase order, or by other means, these Terms are binding. By placing an Order, you (“Customer”) acknowledge and agree to abide by these Terms, forming an agreement ("Agreement") for each individual purchase. The Customer represents that they possess the legal authority to enter into this Agreement. This Agreement is between the Customer and DigiWrist Technology, Inc. A Nevada Corporation ("DigiWrist").
- - Order Placement. DigiWrist retains the right to refuse, limit, or cancel any Order at its sole discretion, even after it has been placed. DigiWrist may also require additional information to process or approve an Order. Although DigiWrist typically confirms Orders via email, an email confirmation alone does not constitute acceptance or confirmation of a sale. Pricing for Products is subject to change at any time without notice.
- - Resale Restrictions. DigiWrist sells Products to end-users only and reserves the right to refuse any Orders suspected of being placed for resale purposes. Customer hereby agrees to use DigiWrist Product solely for its intended purposes.
- - Intellectual Property Rights. All intellectual property rights associated with the Products remain with DigiWrist. The Customer acknowledges that no ownership rights are conveyed through the purchase of the Products.
- - Limited Warranty. DigiWrist provides a limited warranty ("Limited Warranty") that covers defects in materials and workmanship for twelve (12) months from the delivery date, provided that the Products are installed, operated, and maintained according to DigiWrist’s instructions. The Limited Warranty does not apply to
Products damaged due to improper use, accidents, modifications, or natural disasters. To make a claim, the Customer must notify DigiWrist within the warranty period and follow the return authorization process. All purchases are subject to the warranty terms and conditions. Any item not manufactured by DigiWrist, such as chargers, tablets, or fabrics, is subject to a thirty (30) day warranty only.
- - Disclaimer. EXCEPT FOR THE LIMITED WARRANTY, DIGIWRIST DISCLAIMS ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BYLAW.
- - Taxes. The Customer is responsible for any applicable sales, use, excise, value- added, and other taxes or levies arising from the purchase or delivery of the Products, as the purchase price does not include such amounts.
- - Delivery and Risk. Once a common carrier chosen by DigiWrist accepts the shipment, the delivery is considered complete, and the risk of loss is transferred to the Customer. Title of the Products transfers upon full payment. Shipping costs, taxes, duties, and fees are the responsibility of the Customer. DigiWrist reserves the right to ship the Products in one or more installments. The delivery timeline provided is only an estimate and is subject to DigiWrist receiving full payment. Delivery delays caused by events beyond DigiWrist's control, including but not limited to labor disputes, accidents, or government actions, may result in order termination. If this occurs, DigiWrist's obligations under the a`ected Order will cease, except for Products already shipped. The Customer remains responsible for accepting and paying for Products that have been shipped.
- - Cancellations and Returns. Orders can be canceled or modified before shipment. Unopened Products can be returned for a refund within 30 days from the purchase date. Opened or used items are subject to a 10% restocking fee and are not eligible
for return. The Customer is responsible for following DigiWrist’s return instructions and covering return shipping costs.
- - Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL DIGIWRIST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE PRODUCTS.
- - Joint and Several Liability. If multiple parties enter into an Order as the Customer, their liability is joint and several.
- - Indemnification. The Customer agrees to indemnify, defend, and hold harmless DigiWrist, its o`icers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to the Customer’s use of the Products.
- - Entire Agreement. Each Order and these Terms constitute the full and exclusive agreement between DigiWrist and the Customer and override all prior agreements, whether written or oral.
- - Modifications. Any amendments, modifications, or waivers to this Agreement must be in writing and agreed to by both parties.
- - Software License. Any software included with or provided by DigiWrist is licensed, not sold, and is subject to the terms of DigiWrist’s End User License Agreement.
- - Product Availability. Product listings, descriptions, and images on DigiWrist’s website are subject to change and may not always be accurate or up to date. It is the Customer’s responsibility to comply with all applicable laws regarding the purchase and use of DigiWrist Products.
- - Governing Law and Jurisdiction. This Agreement is governed by the laws of Nevada, and any disputes will be resolved in Nevada courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
- - Force Majeure. Neither party shall be liable for delays or failures to perform due to unforeseen events beyond their control, including but not limited to acts of God, war, terrorism, labor disputes, or governmental actions.
- - Assignment. The Customer cannot assign or transfer an Order without DigiWrist’s prior written consent. Any attempt to do so is void.
- - Enforceability. This Agreement is binding on the parties and their respective successors and permitted assigns.
- - Timeliness. Time is of the essence in the fulfillment of obligations under this Agreement.
- - Notices. Any required notices must be in writing and sent to the addresses provided in the Order.
- - Interpretation. Words in the singular include the plural, and vice versa, where applicable.
- - Sever-ability. If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in e`ect.