VietSatellite
Terms & Conditions
VietSatellite is an Authorized Retailer for DIRECTV. By placing your order by
phone or via the Internet with VietSatellite (www.VietSatellite.com), you are
agreeing to the following terms and conditions governing your purchase of
merchandise and/or services from VietSatellite. By placing your order, you are
creating a legally binding contract with VietSatellite. If you do not agree to
these terms, do not order from VietSatellite.
Definitions. As used herein, the word "agreement" shall mean the Order
Form you just completed and these Terms and Conditions of Purchase (including
any terms incorporated by hyperlink). The words "I", "you" or "your" shall mean
the person completing this transaction.
Payment. I state that I am the authorized cardholder indicated on the
Order Form or that I have been authorized by the cardholder to use the credit
card indicated on the Order Form. In the event the credit card on the Order
Form is dishonored, rejected or later contested for any reason, I agree to pay
the amount indicated on the Order Form to VietSatellite.
Warranty. VietSatellite hereby disclaims all warranties, whether express
or implied, including the warranties of merchantability and the warranty of
fitness for a particular use. VietSatellite does not warranty or guaranty any
DIRECTV Receivers or components and all warranty work must be done in
accordance with the manufacturer's warranty.
Limitation of Liability. In no event shall VietSatellite be responsible
for incidental or consequential damages arising by reason of your purchase of
merchandise or services from VietSatellite. VietSatellite's maximum aggregate
liability to you arising by reason of this transaction shall be the amount paid
by you to VietSatellite.
Indemnity. You agree to indemnify and hold harmless VietSatellite
against any costs, fines, claims, damages, charges, or fees (including
reasonable attorney's fees) arising by reason of your purchase, the
installation or use of the satellite equipment you are purchasing.
Notices. If notice is required, you agree to notify VietSatellite by
e-mail at sales@VietSatellite.com or toll-free at 1-800-256-2216. Notice will
be deemed given when received by VietSatellite. VietSatellite will not be
liable for problems caused by misdirected or undelivered e-mail. VietSatellite
will direct all correspondence to you at the postal address or email address
provided on the Order Form unless you notify us of a change of address.
Enforcement of This Agreement. This agreement shall be governed by and
interpreted in accordance with the laws of the State of Missouri, excluding its
conflict of laws provisions. Any dispute under or in connection with this
Agreement or any of the transaction contemplated herein shall be subject to the
exclusive jurisdiction of and the personal jurisdiction within the state and
federal courts within Greene County, Missouri. You hereby waive any objection
you may have to personal jurisdiction in such courts. In the event you default
on the terms of this agreement, you agree to pay to VietSatellite all costs,
fees and expenses including reasonable attorney's fees.
Use of Electronic Records. I agree to VietSatellite's use of electronic
records to evidence this agreement. I understand that I have the right to not
consent to the use of electronic records by not transacting business with
VietSatellite. In such event, this will be null and void. My consent applies
only to this transaction. I hereby waive any objection I may have to
VietSatellite's use of electronic records in court should it be necessary for
VietSatellite to enforce the terms of this agreement.
Miscellaneous Matters. This agreement constitutes the entire
understanding of the parties with regard to your purchase. All prior
representations, oral or written, and all prior agreements, oral or written,
having been merged into this agreement. This agreement or any portion hereof
shall not be construed against the drafting party by reason of that party
having drafted the agreement or portion hereof. If any provision, paragraph, or
subparagraph of this agreement is adjudged by any court of law to be void or
unenforceable, in whole or in part, the rest of the agreement shall remain in
effect. The parties agree that in such event, the offending clause will be
replaced with a provision or provisions having the same economic effect. This
agreement shall be binding on, and shall inure to the benefit of, the parties
to it and their respective heirs, legal representatives, successors and
assigns. In all matters contained in this agreement, time is of the essence.
BY ORDERING FROM ISATELLITE, I HEREBY ACKNOWLEDGE THAT I HAVE READ THE ABOVE
TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM.