TERMS AND CONDITIONS

Terms and Conditions

 

Buyer Acceptance and Responsibility: Buyer's acceptance of these Terms and Condition shall be conclusively presumed by Buyer's order, acceptance, or installation of any parts and equipment. Any Buyer terms and conditions not explicitly agreed to in writing by Ceiba Technologies, Inc. ("Ceiba") shall be disregarded in favor of these Terms and Conditions. The Buyer is solely and completely responsible for determining the suitability of any and all products purchased from Ceiba for Buyer’s specific application. Buyer agrees that the suitability of any part manufactured, distributed, or sold by Ceiba for any installation in any application is the Buyer’s sole decision and that the Buyer is not relying on any representation of suitability, the skill or judgment of Ceiba or any employees or representatives of Ceiba regarding suitability of any such product or service. Buyer hereby expressly agrees that the Buyer knows that the parts and equipment provided by Ceiba are subject to varied conditions that are unknown and unforeseeable to Ceiba due to the varying applications in which Ceiba parts and equipment are to be installed and used. By accepting and utilizing any Ceiba parts or equipment, Buyer understands and accepts that the aforementioned conditions may adversely affect the performance of the purchased part or equipment.

 

Warranties: The parts and equipment provided hereunder are provided "as is." Buyer accepts that Ceiba does not guarantee fitment and or function of a part when used in conjunction with any other brand aftermarket parts or components. Buyer accepts that Ceiba makes no warranties, expressed or implied, oral or written to Buyer. Ceiba specifically disclaims the implied warranties of merchantability and fitness for a particular purpose or use. Ceiba shall not be liable for warranty, negligence, strict liability in tort or otherwise, nor shall Ceiba be liable for incidental, special, punitive, or consequential damages, including, but not limited to frustration of economic or business expectancies, loss of profits, cost of capital or any other such damages. Further, Buyer accepts and assumes all risk including the possibility of death or serious injury, for any and all damage caused to them, a third party, a third party’s property, from any failure of Ceiba product. Buyer agrees to indemnify, defend, and hold Ceiba harmless from any claim, action, or demand arising out of or incident to the Buyer’s installation or use of products purchased from Ceiba. By installing and or using a Ceiba product, Buyer hereby accepts and understands these stated terms and conditions.

 

Off Road Use Advisory: Buyer and or user accepts and agrees that parts and equipment purchased from Ceiba for land based vehicles are for off road closed circuit racing use applications only. Buyer explicitly acknowledges that the parts and equipment are not manufacturer approved and may void any applicable manufacturer warranty. Before operating any vehicle, Buyer and or user is advised to test the brakes or other components under controlled conditions. Buyer and or user should make several stops in a safe area from low speeds and gradually work up to racing speeds. Buyer and or user is advised not to race on untested brakes or components and to always utilize safety restraint systems or equipment while operating any vehicle. Buyer and or user acknowledges and accepts that Ceiba shall assume no liability for buyer's use of the parts and equipment and buyer expressly agrees to indemnify, defend and hold Ceiba harmless from any liability arising out of the installation and use of the product for off road activities.

 

Watercraft Use Advisory: Buyer and or user accepts and agrees that parts and equipment purchased from Ceiba are not manufacturer approved and may void any manufacturer warranty. Buyer and or user acknowledges and accepts that Ceiba shall assume no liability for buyer's use of the parts and equipment and buyer expressly agrees to indemnify, defend and hold Ceiba harmless from any liability arising out of the installation and use of the product for any and all watercraft or watercraft related activities.

 

Experimental Aviation Use: Buyer expressly accepts and agrees that all parts and equipment purchased for aviation purposes are strictly limited to experimental use aircraft and experimental exhibition aircraft only. These parts may not be installed on a certified aircraft and Buyer expressly agrees not to do so. Further Buyer agrees that all parts and equipment purchased from Ceiba will only be used in a manner which meets all FAA regulations and certification requirements. Buyer agrees to indemnify, defend and hold harmless Ceiba from any and all liability arising out of the use of a Ceiba product, including damage to property, serious injury, or death.

 

Return Policy: Prior authorization is necessary for all returns/refunds/exchanges and will be granted at Ceiba’s discretion. If approved, a Return Material Authorization (RMA) number will be provided. The RMA number will need to be clearly printed on the outside of all boxes for proper return. Returns may be accepted on products if postmarked within 14 days from original date of delivery. Products must be returned with all original labels, documents and packaging. Buyer will be responsible for any shipping fees incurred on the return. Freight collect shipments will be denied. A 20% handling and restocking fee will be charged on all returned items. Refunds/exchanges will be processed within 10 business days of receipt of returned goods.

 

Force Majeure: Ceiba shall not liable for delay in performing or failure to perform its obligations in the event that the delay or failure arises from events, circumstances, or causes beyond its reasonable control, including, but not limited to, acts of God, terrorism, sabotage, fires, floods, natural disasters, serious accidents, acts of governing authorities or strikes. Such delays or failures shall not constitute a breach of these Terms and Conditions and the time for performance shall be extended by a period equivalent to that during which performance is so prevented.

 

Applicable Law and Jurisdiction: Buyer expressly agrees that this contract and the terms hereof shall be governed by the State of Arizona. Buyer also expressly agrees that any litigation arising out of this transaction between the parties shall be brought solely and exclusively in the state or federal courts in the County of Maricopa and the State of Arizona. Buyer hereby waives any jurisdictional objections to the imposition of personal jurisdiction by the aforementioned courts.

 

Attorneys' Fees: In the event of any litigation arising hereunder, Buyer shall be liable for all attorneys’ fees and costs regardless of the outcome of any such litigation.

 

Severability: The invalidity or enforceability of any provision of the Terms and Condition shall not impair the validity or enforceability of any other provision hereunder.

 

Entire Terms and Conditions; Control:  Buyer accepts and agrees that the stated Terms and Conditions here supersede any and all terms stated on any other documents or communications between Buyer and Ceiba.  Further, if there are any conflicting or contradictory terms to other documents, the Terms and Conditions stated here will control the agreement between Buyer and Ceiba.