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Terms & Conditions

SALE TERMS AND CONDITIONS.

PLEASE READ THIS DOCUMENT CAREFULLY! IT PROVIDES ESSENCIAL INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS, WHICH ARE APPLICABLE IN CASE OF A PURCHASE ON WWW.SUBWING.COM .

 

These Terms of Sale set out the terms and conditions that will apply when you (‘Customer’) place an order (including products and support) through Subwing operated online shop www.subwing.com. You will be required to confirm, that you have read and accept these Terms before you submit an order on www.subwing.com.

 

By accepting these Terms of Sale, Customer agrees to be bound by terms and conditions described below in case of a purchase on www.subwing.com. If for any reason, you are not satisfied with your Subwing purchase, you may return the order in accordance with the terms and conditions of Subwing return policy described below. If you are unable to understand, or have any questions about these Terms and Conditions, please contact Subwing.

 

THESE TERMS AND CONDITIONS MIGHT NOT APPLY: (I) IF THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH WWW.SUBWING.COM, IN THIS CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) IF OTHER SUBWING STANDARD TERMS APPLY TO THE TRANSACTION.

 

These Terms and Conditions and product information might be subject to change without any prior written notice to Customer at any time, in Subwing sole discretion. Subwing will not, however, make any changes to the price, availability or description of any product after an order has been accepted.

 

  1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and www.subwing.com, these Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document, or to enter an order of product(s), which is subject to additional or altered terms and conditions, will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Subwing.
  2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF NORWAY, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
  3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Subwing sole discretion, and unless otherwise agreed to by Subwing, payment must be received by Subwing prior to Subwing acceptance of an order. Payment for the products, services and support may be made by a credit card, wire transfer, or some other prearranged payment method, unless Subwing have agreed to credit terms. Subwing may invoice parts of an order separately. Orders are not binding until accepted by Subwing. Any quotations given by Subwing will be valid for the period stated on the quotation. If no date is stated, 14 days validity period will apply.
  4. Shipping Charges; Taxes. Separate charges for shipping will be shown in the invoice(s). When purchasing through Subwing shopping cart, overseas orders may have an inaccurate shipping charge. We will charge the actual DHL rate and if the Customer wants an exact shipping quote before the order is shipped, they should send a request by the email, or add notes to that effect in the notes section of the order. The Customer is responsible for sales and all other taxes associated with the order, except for Subwing taxes on Subwing net income.
  5. Title; Risk of Loss. Title to products is passed from Subwing to Customer on shipment from Subwing facility. Loss or damage, that occurs during shipping by a carrier selected by www.subwing.com is Subwing's responsibility. Loss or damage, that occurs during shipping by a carrier, selected by Customer is Customer's responsibility.
  6. Warranties. THE LIMITED WARRANTIES, APPLICABLE TO SUBWING EQUIPMENT, ARE INCLUDED FROM THE MANUFACTURER OF THE EQUIPMENT IN THE DOCUMENTATION PROVIDED WITH THE PRODUCTS. THERE ARE NO WARRANTIES FOR SERVICES. SUBWING MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN SUBWING APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND SUBWING WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON SUBWING’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
  7. Return Policies. Any equipment purchased from Subwing may be returned for a refund of the product cost, excluding any shipping charges, if returned with all original packaging and literature, as long as the product is not used – and is delivered to Subwing in its new condition within 14 days of purchase. To assist our Christmas shoppers, any items purchased from November 10th until December 24th, can be returned in new condition with all original packaging until January 5th, or 14 days after the purchase – whichever time period is longer.
  8. Exchanges. Subwing will exchange products or parts of a product within 30 days of purchase, even if used, as long as the product is in good condition and was not damaged in any way. Exchanges do not apply to any custom-ordered or custom-fit items. All original packaging and literature must accompany returned products, and all the products must be in their new condition with normal wear and tear for the 30-day period expected. To assist our Christmas shoppers each year, any items purchased from November 20th until December 24th, can be exchanged in their new condition, with all original packaging until January 5th, or 14 days after the purchase – whichever time period is longer.
  9. Shortages and Shipping Damage. It is the responsibility of Customer to check all packages for accuracy of contents within 48 hours of receipt. No items shall be invoiced unless shipped. If any shortages occur, it is the responsibility of Customer to contact Subwing with 48 hours of receipt of the package to file a claim for the missing goods. In case of shipping damage, Customer shall file a claim with the shipper.
  10. Products. Subwing continuously upgrades and revises its products and services to provide Subwing customers with new products and services. In case the product ordered is out of stock, Customer will be contacted prior to any substitutions.

     

  11. Subwing acts as a retailer. Any warranty and technical support, provided on third-party products, purchased through Subwing are provided by the original manufacturer and not by Subwing. These products may be returned only in accordance with the return policy in effect on the date of invoice. The warranties and technical support may vary from product to product.

     

  12. Limitation of Liability. SUBWING DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR THE PROVISION OF SERVICES AND SUPPORT. SUBWING WILL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, BUNDLED WITH THE PRODUCTS, SUBWING IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT. SUBWING EQUIPMENT SHOULD ONLY BE USED ACCORDING TO SUBWING USER MANUAL. SUBWING DOES NOT ACCEPT LIABILITY FOR THE USE OF SUBWING EQUIPMENT NOT ACCORDING TO SUBWING USER MANUAL.

     

  13. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST SUBWING, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, Subwing) arising from 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), Subwing 's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be limited solely to the dispute or controversy between Customer and Subwing. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
  14. Applicable Law; Not for Resale. Customer agrees to comply with all applicable laws and regulations locally and use the product only according to Subwing user manual. Customer agrees and represents, that they are buying for their own internal use only, and not for resale.
  15. Service and Support. Subwing will provide general technical support to Customer. In accordance with the then-current technical support policies in effect. Service offers may vary from product to product. Subwing has no obligation to provide service or support until receiving the full payment for the product(s) or service/support requested.
  16. Headings. The section headings, used herein is for convenience of reference only, and do not form a part of these Terms and Conditions. No construction or inference shall be derived therefrom.
  17. User Manual. Any user of Subwing shall read and understand the Subwing User Manual. The User Manual is enclosed with the product. If the User Manual is not available, you can send an email with a request to Subwing. Subwing shall send the User Manual upon a request. Do not use the Subwing before you have read and understood the User Manual.