Agreement to Purchase. You agree to pre-order the MultiKey product (the “Product”) and, by taking delivery, completing the transaction when the Product is ready for delivery from Sudo Technology Inc. or its affiliates (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Options, features, or upgrades released after you place your order may not be included in or available for your Product.
Pre-Order Price, Taxes and Official Fees. The expected pre-order price of the Product will be confirmed via the pre-order page on our website. The final price of the Product is subject to change based on the availability of materials and cost of manufacturing. Additionally, any pre-order price will not include taxes and official or government fees. Because these taxes and fees are constantly changing and will depend on many factors, they will be calculated closer to the time of delivery and indicated on the purchase confirmation page of our website provided to you when we are ready to deliver the Product (the “Confirmation Page”). You are responsible for paying these additional taxes and fees.
Pre-Order Process; Cancellation; Changes. There is a limit of one pre-ordered Product per customer. After you submit your completed pre-order and submitted the required payment (the “Pre-Order Payment”), we will reserve the Product for you when it is ready for delivery. Any published designs of the Product are preliminary and subject to change before final delivery. Until your Product is delivered to you, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment. When you take delivery of the Product, we will provide a credit to the final pre-order price of your Product equivalent to the amount of the Pre-Order Payment you paid. This Pre-Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
Delivery. We will coordinate the shipment of your Product to you from our warehouse via a third-party carrier. You agree that delivery of the Product, including the risk of loss to you, will occur at the time your Product is loaded onto the common carrier’s transport (i.e., FOB shipping point). We do not guarantee when your Product will actually be delivered. Your actual delivery date is dependent on many factors, including manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Product and all proceeds therefrom until your obligations have been fulfilled.
Agreement to Arbitrate. Please carefully read this provision, which applies to any dispute between you and Sudo Technology, Inc. and its affiliates, (together “Multi”). If you have a concern or dispute, please send a written notice describing it and your desired resolution to firstname.lastname@example.org.
If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Multi will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products.
To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.
The arbitrator may only resolve disputes between you and Multi, and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing Multi Products. In other words, you and Multi may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.
If you prefer, you may instead take an individual dispute to small claims court. You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: Sudo Technology, Inc. 228 Park Ave S, PMB 38194, New York, New York, 10003-1502, stating your name, order number, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or ﬁnance contract.
No Warranty. The Product will be provided "as is" without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or quiet enjoyment. Additionally, there are no warranties as to the results of your use of the Product.
Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Pre-Order Payment.
No Resellers; Discontinuation; Cancellation. We may unilaterally cancel any order that we believe has been made with a view toward resale of the Product or that has otherwise been made in bad faith. We may also cancel your pre-order and refund your Pre-Order Payment if we discontinue a Product after the time you place your pre-order or if we determine that you are acting in bad faith.
Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State of New York. Prior agreements, oral statements, negotiations, communications or representations about the Product sold under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.