Terms of Purchase
1. Acceptance of Terms of Purchase
1.1. Acceptance of Terms
These terms of purchase (“Terms of Purchase”) are an ongoing contract between you and Kairos Wholesale LLC and apply to your use of Kairos Wholesale’s liquidations website located at www.kairoswholesale.com or www.kairosauctions.com through which you may purchase Inventory Products from Kairos Wholesale in consideration of the mutual promises set forth herein and such other good and valuable consideration. These Terms of Purchase govern your purchase of Inventory Products from the Site. By checking the “I agree to the Terms of Purchase” box and clicking on the “I Accept” icon each time you log into the Site, you accept and agree to be bound by these Terms of Purchase If you do not agree to these Terms of Purchase, you should not purchase Inventory from the Site.1.2. Modification of Terms
Kairos Wholesale reserves the right, from time to time, with or without notice to you, to change these Terms of Purchase in its sole and absolute discretion. The most current version of these Terms of Purchase can be reviewed by clicking on “Terms of Purchase” located at the bottom of the pages of the Site. The most current version of the Terms of Purchase will supersede all previous versions. Your use of the Site or continued purchases after changes constitute your notice of, and agreement to be bound by, such changes. No purchase order or other documentation issued by you to Kairos Wholesale LLC will alter these Terms of Purchase unless signed by an authorized Kairos Wholesale LLC representative.
1. Acceptance of Terms of Purchase
1.1. Acceptance of Terms
These terms of purchase (“Terms of Purchase”) are an ongoing contract between you and Kairos Wholesale LLC and apply to your use of Kairos Wholesale’s liquidations website located at www.kairoswholesale.com or www.kairosauctions.com through which you may purchase Inventory Products from Kairos Wholesale in consideration of the mutual promises set forth herein and such other good and valuable consideration. These Terms of Purchase govern your purchase of Inventory Products from the Site. By checking the “I agree to the Terms of Purchase” box and clicking on the “I Accept” icon each time you log into the Site, you accept and agree to be bound by these Terms of Purchase If you do not agree to these Terms of Purchase, you should not purchase Inventory from the Site.1.2. Modification of Terms
Kairos Wholesale reserves the right, from time to time, with or without notice to you, to change these Terms of Purchase in its sole and absolute discretion. The most current version of these Terms of Purchase can be reviewed by clicking on “Terms of Purchase” located at the bottom of the pages of the Site. The most current version of the Terms of Purchase will supersede all previous versions. Your use of the Site or continued purchases after changes constitute your notice of, and agreement to be bound by, such changes. No purchase order or other documentation issued by you to Kairos Wholesale LLC will alter these Terms of Purchase unless signed by an authorized Kairos Wholesale LLC representative.
2. Additional Definitions
2.1.
“Buyer” or “you” or “your” shall mean the individual who purchases Inventory Products from Kairos Wholesale through the Site under the terms described herein and the entity that such individual represents in making the purchase, if applicable.
2.2.
A “Completed Purchase” occurs when (i) you have provided to Kairos Wholesale all of the purchase information requested in the Email Notification in the manner specified in such Email Notification to complete your purchase and (ii) the Purchase Price for the Inventory Products has been received in the Kairos Wholesale LLC account specified in the Email Notification..
2.3.
Email Notification” means the email you receive after you place the order on Inventory Products available for sale on the Site. The Email Notification will be sent to the email address you provided when you registered for your account, as updated by you from time to time by following instructions on the Site.
2.4.
“Inventory Products” shall mean Kairos Wholesale inventory products that are available for purchase on the Site under the terms described herein.
2.5.
“Listing” or “Listings” shall mean the content on the Site associated with particular Inventory Products, including, without limitation, the description and quantity of the Inventory Products. Kairos Wholesale shall have the right to modify or correct any Listing at any time and such modification shall be binding on any purchase of any Inventory Products purchased after such modification had been made.
2.6.
“Promotional Content” shall mean any and all information, service or content provided by Kairos Wholesale or its agents in any medium in connection with these Terms of Purchase, including promotional content and any Listing displayed on the Site.3.1. Inventory Products
Inventory Products are returns, overstocks, warehouse damage and salvage items. The condition of the Inventory Products will vary and standard designations regarding a product’s condition will be set forth in the Listing. The conditions of the Inventory Products are described in the Listing to the best of Kairos Wholesale’s ability. Kairos Wholesale attempts to be as accurate as possible. However, Kairos Wholesale does not warrant that Listings are accurate, complete, reliable, current, or error-free. The quantity of actual Inventory Products in each lot may vary of up to 10 percent (10%) less or greater than the number set forth in the Listing and may include up to 10 percent (10%) more damaged items than designated as “Damaged” in the Listing. Accessories such as remote controls, cables and instructions may or may not be included.
3.2. Purchase Process
Inventory Products will be sold pursuant to the order being placed and finalized. Once ordered, you will receive an Email Notification with an invoice and wiring instructions. You will have 48 hours to wire total amount of purchase to Kairos Wholesale LLC
2.1.
“Buyer” or “you” or “your” shall mean the individual who purchases Inventory Products from Kairos Wholesale through the Site under the terms described herein and the entity that such individual represents in making the purchase, if applicable.
2.2.
A “Completed Purchase” occurs when (i) you have provided to Kairos Wholesale all of the purchase information requested in the Email Notification in the manner specified in such Email Notification to complete your purchase and (ii) the Purchase Price for the Inventory Products has been received in the Kairos Wholesale LLC account specified in the Email Notification..
2.3.
Email Notification” means the email you receive after you place the order on Inventory Products available for sale on the Site. The Email Notification will be sent to the email address you provided when you registered for your account, as updated by you from time to time by following instructions on the Site.
2.4.
“Inventory Products” shall mean Kairos Wholesale inventory products that are available for purchase on the Site under the terms described herein.
2.5.
“Listing” or “Listings” shall mean the content on the Site associated with particular Inventory Products, including, without limitation, the description and quantity of the Inventory Products. Kairos Wholesale shall have the right to modify or correct any Listing at any time and such modification shall be binding on any purchase of any Inventory Products purchased after such modification had been made.
2.6.
“Promotional Content” shall mean any and all information, service or content provided by Kairos Wholesale or its agents in any medium in connection with these Terms of Purchase, including promotional content and any Listing displayed on the Site.3.1. Inventory Products
Inventory Products are returns, overstocks, warehouse damage and salvage items. The condition of the Inventory Products will vary and standard designations regarding a product’s condition will be set forth in the Listing. The conditions of the Inventory Products are described in the Listing to the best of Kairos Wholesale’s ability. Kairos Wholesale attempts to be as accurate as possible. However, Kairos Wholesale does not warrant that Listings are accurate, complete, reliable, current, or error-free. The quantity of actual Inventory Products in each lot may vary of up to 10 percent (10%) less or greater than the number set forth in the Listing and may include up to 10 percent (10%) more damaged items than designated as “Damaged” in the Listing. Accessories such as remote controls, cables and instructions may or may not be included.
3.2. Purchase Process
Inventory Products will be sold pursuant to the order being placed and finalized. Once ordered, you will receive an Email Notification with an invoice and wiring instructions. You will have 48 hours to wire total amount of purchase to Kairos Wholesale LLC
4. Conditions to Sale; Payment
4.1. Purchase Price
Your payment of the Inventory Products will included sales tax, if your state resale certificate is not on file. You shall be responsible for all taxes, shipping and handling costs and any other expenses incurred in connection with your purchase hereunder.
4.2. Canceled Purchases
Please note that there may be certain purchases that Kairos Wholesale LLC is unable to accept and must cancel. Kairos Wholesale reserves the right, at its sole discretion, to refuse or cancel any purchase for any reason at any time. Some situations that may result in your purchase being canceled include, without limitation, inaccuracies or errors in product or information, or problems identified by the Kairos Wholesale’s credit and fraud avoidance department. While Kairos Wholesale LLC strives to provide accurate product and information, typographical or system errors may occur. In the event that Inventory Products are incorrectly listed or Inventory Products are listed with incorrect information due to an error in quantity or other product information, Kairos Wholesale LLC shall have the right, at its sole discretion, to refuse or cancel any purchases placed for such Inventory Products. In the event that Kairos Wholesale LLC must cancel a bid or purchase, you will be notified by email of such cancellation.
4.3. Payment Terms
You shall submit the Purchase Price to Kairos Wholesale LLC. under the payment terms set forth in the Email Notification and on the Site. Upon acceptance of such Purchase Price and the fulfillment of any other conditions to such sale described herein, Kairos Wholesale will sell, assign, transfer and convey to you all of Kairos Wholesale’s right, title and interest in and to the Inventory Products and shall make such Inventory Products available for removal by you or your agents in the manner set forth in Section 5 below.
4.4. Other Conditions
Kairos Wholesale LLC shall not be obligated to complete any sale or deliver any Inventory Products to you unless and until you have submitted to Kairos Wholesale LLC an accurate and complete re-sale certificate in a form acceptable to Kairos Wholesale LLC.
4.1. Purchase Price
Your payment of the Inventory Products will included sales tax, if your state resale certificate is not on file. You shall be responsible for all taxes, shipping and handling costs and any other expenses incurred in connection with your purchase hereunder.
4.2. Canceled Purchases
Please note that there may be certain purchases that Kairos Wholesale LLC is unable to accept and must cancel. Kairos Wholesale reserves the right, at its sole discretion, to refuse or cancel any purchase for any reason at any time. Some situations that may result in your purchase being canceled include, without limitation, inaccuracies or errors in product or information, or problems identified by the Kairos Wholesale’s credit and fraud avoidance department. While Kairos Wholesale LLC strives to provide accurate product and information, typographical or system errors may occur. In the event that Inventory Products are incorrectly listed or Inventory Products are listed with incorrect information due to an error in quantity or other product information, Kairos Wholesale LLC shall have the right, at its sole discretion, to refuse or cancel any purchases placed for such Inventory Products. In the event that Kairos Wholesale LLC must cancel a bid or purchase, you will be notified by email of such cancellation.
4.3. Payment Terms
You shall submit the Purchase Price to Kairos Wholesale LLC. under the payment terms set forth in the Email Notification and on the Site. Upon acceptance of such Purchase Price and the fulfillment of any other conditions to such sale described herein, Kairos Wholesale will sell, assign, transfer and convey to you all of Kairos Wholesale’s right, title and interest in and to the Inventory Products and shall make such Inventory Products available for removal by you or your agents in the manner set forth in Section 5 below.
4.4. Other Conditions
Kairos Wholesale LLC shall not be obligated to complete any sale or deliver any Inventory Products to you unless and until you have submitted to Kairos Wholesale LLC an accurate and complete re-sale certificate in a form acceptable to Kairos Wholesale LLC.
5.1. Removal and Shipment of Inventory Products
The Inventory Products purchased by you shall be made available to you for receipt at Kairos Wholesale LLC’s Premises at the specific facility identified in the Email Notification (the “Inventory Location”) at a time mutually agreed to by you and Kairos Wholesale LLC (the “Pickup Time”). You or your agent must schedule the Pickup Time by contacting Kairos Wholesale LLC pursuant to the instructions set forth in the Email Notification. You must use dock height trucks to take possession of the Inventory Products at Kairos Wholesale LLC’s Premises. Pallets may not be broken down on the dock or anywhere on Kairos Wholesale LLC’s Premises. You must accept the pallets in complete shrink wrapped condition. You shall be solely responsible for removal of the Inventory Products from Kairos Wholesale LLC’s Premises and for all shipping arrangements (including, without limitation, permits, costs and licenses), expenses (including, without limitation, insurance) and labor. Your employees, equipment, and property, and that of your agents, enter and remain on Kairos Wholesale LLC’s Premises entirely at your risk as regards any and all hazards excepting only those found to be caused solely by Kairos Wholesale LLC’s gross negligence. While on Kairos Wholesale LLC’s Premises, your employees and agents must observe all rules and regulations of Kairos Wholesale LLC and/or any facility identified as the Inventory Location in the Email Notification. You shall remove all Inventory Products from the Inventory Location within three (3) business days of the Completed Purchase of such Inventory Products. If you fail to remove such Inventory Products within three (3) business days of the Completed Purchase of such Inventory Products, Kairos Wholesale LLC may choose to keep such Inventory Products, list such Inventory Products on the Site and refund to you the Purchase Price you paid to Kairos Wholesale LLC less (i) a storage charge of $10 per pallet per each of the days Kairos Wholesale LLC held the Inventory Products for you after you registered a Completed Purchase and (ii) a restocking fee of ten percent (10%) of the Purchase Price.
5.2. Title; Risk of Loss
Title to the Inventory Products shall remain with Kairos Wholesale LLC until you take possession of the Inventory Products at the Inventory Location. You expressly acknowledge that risk of loss and liability for the Inventory Products shall pass to you upon your or your agent’s receipt of the Inventory Products at the Inventory Location. You or your agent shall have the right to count the number of pallets containing the Inventory Products to confirm the quantity of pallets matches the shipping manifest prior to accepting possession. You expressly acknowledge and agree that you shall have no right to refuse or return the Inventory Products after accepting possession of the Inventory Products at the Inventory Location.
5.3. Acceptance
Your acceptance of possession of the Inventory Products from Kairos Wholesale LLC pursuant to Section 5.2 shall constitute an unqualified acceptance of the Inventory Products and a waiver by you of all claims with respect thereto except as set forth in Section 5.4. Buyer understands that Kairos wholesale sells salvage liquidated, off-price,distressed merchandise and makes NO promises of profits to be made. All merchandise is SOLD AS IS. NO warranties expressed or implied. NO RETURNS, REFUNDS, CREDITS OR EXCHANGES.
5.4. Further Assurances
Each party agrees that it will execute and deliver, or cause to be executed and delivered, all such other instruments, and it will take all reasonable actions, as may be necessary to transfer and convey the Inventory Products to Buyer and to consummate the transactions contemplated herein.
The Inventory Products purchased by you shall be made available to you for receipt at Kairos Wholesale LLC’s Premises at the specific facility identified in the Email Notification (the “Inventory Location”) at a time mutually agreed to by you and Kairos Wholesale LLC (the “Pickup Time”). You or your agent must schedule the Pickup Time by contacting Kairos Wholesale LLC pursuant to the instructions set forth in the Email Notification. You must use dock height trucks to take possession of the Inventory Products at Kairos Wholesale LLC’s Premises. Pallets may not be broken down on the dock or anywhere on Kairos Wholesale LLC’s Premises. You must accept the pallets in complete shrink wrapped condition. You shall be solely responsible for removal of the Inventory Products from Kairos Wholesale LLC’s Premises and for all shipping arrangements (including, without limitation, permits, costs and licenses), expenses (including, without limitation, insurance) and labor. Your employees, equipment, and property, and that of your agents, enter and remain on Kairos Wholesale LLC’s Premises entirely at your risk as regards any and all hazards excepting only those found to be caused solely by Kairos Wholesale LLC’s gross negligence. While on Kairos Wholesale LLC’s Premises, your employees and agents must observe all rules and regulations of Kairos Wholesale LLC and/or any facility identified as the Inventory Location in the Email Notification. You shall remove all Inventory Products from the Inventory Location within three (3) business days of the Completed Purchase of such Inventory Products. If you fail to remove such Inventory Products within three (3) business days of the Completed Purchase of such Inventory Products, Kairos Wholesale LLC may choose to keep such Inventory Products, list such Inventory Products on the Site and refund to you the Purchase Price you paid to Kairos Wholesale LLC less (i) a storage charge of $10 per pallet per each of the days Kairos Wholesale LLC held the Inventory Products for you after you registered a Completed Purchase and (ii) a restocking fee of ten percent (10%) of the Purchase Price.
5.2. Title; Risk of Loss
Title to the Inventory Products shall remain with Kairos Wholesale LLC until you take possession of the Inventory Products at the Inventory Location. You expressly acknowledge that risk of loss and liability for the Inventory Products shall pass to you upon your or your agent’s receipt of the Inventory Products at the Inventory Location. You or your agent shall have the right to count the number of pallets containing the Inventory Products to confirm the quantity of pallets matches the shipping manifest prior to accepting possession. You expressly acknowledge and agree that you shall have no right to refuse or return the Inventory Products after accepting possession of the Inventory Products at the Inventory Location.
5.3. Acceptance
Your acceptance of possession of the Inventory Products from Kairos Wholesale LLC pursuant to Section 5.2 shall constitute an unqualified acceptance of the Inventory Products and a waiver by you of all claims with respect thereto except as set forth in Section 5.4. Buyer understands that Kairos wholesale sells salvage liquidated, off-price,distressed merchandise and makes NO promises of profits to be made. All merchandise is SOLD AS IS. NO warranties expressed or implied. NO RETURNS, REFUNDS, CREDITS OR EXCHANGES.
5.4. Further Assurances
Each party agrees that it will execute and deliver, or cause to be executed and delivered, all such other instruments, and it will take all reasonable actions, as may be necessary to transfer and convey the Inventory Products to Buyer and to consummate the transactions contemplated herein.
6. Confidentiality
Each party acknowledges that by reason of its relationship to the other party hereunder it will have access to certain information and materials concerning the other party’s business that are confidential and of substantial value to such party, which value would be impaired if such information were disclosed to third parties. In particular, the parties hereto acknowledge that the information regarding the Purchase Price and any particular sale are confidential to Kairos Wholesale LLC. Each party shall take every reasonable precaution to protect the confidentiality of such information. Notwithstanding the foregoing, you understand that BStock will have access to confidential information pertaining to you. You may not make any public announcement about these Terms of Purchase without Kairos Wholesale LLC s prior written approval and consent. Notwithstanding anything in this Section 6.1 to the contrary, any information (i) already in the public domain, (ii) independently developed by the recipient without the use of or access to the other party’s confidential information, or (iii) released to the public through no action or inaction by the receiving party, will not be considered confidential information hereunder. The receiving party may disclose the disclosing party’s confidential information upon the order of any court of competent jurisdiction or as otherwise required by law or legal process, provided that prior to such disclosure the receiving party shall inform the disclosing party of such order, if permitted by law, in order to provide the disclosing party with an opportunity to contest such order or to seek such other protective action as the disclosing party may elect. This Section 6 shall survive each purchase transaction hereunder.
Each party acknowledges that by reason of its relationship to the other party hereunder it will have access to certain information and materials concerning the other party’s business that are confidential and of substantial value to such party, which value would be impaired if such information were disclosed to third parties. In particular, the parties hereto acknowledge that the information regarding the Purchase Price and any particular sale are confidential to Kairos Wholesale LLC. Each party shall take every reasonable precaution to protect the confidentiality of such information. Notwithstanding the foregoing, you understand that BStock will have access to confidential information pertaining to you. You may not make any public announcement about these Terms of Purchase without Kairos Wholesale LLC s prior written approval and consent. Notwithstanding anything in this Section 6.1 to the contrary, any information (i) already in the public domain, (ii) independently developed by the recipient without the use of or access to the other party’s confidential information, or (iii) released to the public through no action or inaction by the receiving party, will not be considered confidential information hereunder. The receiving party may disclose the disclosing party’s confidential information upon the order of any court of competent jurisdiction or as otherwise required by law or legal process, provided that prior to such disclosure the receiving party shall inform the disclosing party of such order, if permitted by law, in order to provide the disclosing party with an opportunity to contest such order or to seek such other protective action as the disclosing party may elect. This Section 6 shall survive each purchase transaction hereunder.
7. Indemnity
7.1.
You shall indemnify and hold Kairos Wholesale LLC and their respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand, action, losses and/or costs, including reasonable attorneys’ fees, due to or arising out of (i) your use of the Site, (ii) any sale, use or handling of the Inventory Products or (iii) any breach of these Terms of Purchase.
7.2.
The indemnity obligation under this Section 7 shall survive each purchase transaction hereunder.
7.1.
You shall indemnify and hold Kairos Wholesale LLC and their respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand, action, losses and/or costs, including reasonable attorneys’ fees, due to or arising out of (i) your use of the Site, (ii) any sale, use or handling of the Inventory Products or (iii) any breach of these Terms of Purchase.
7.2.
The indemnity obligation under this Section 7 shall survive each purchase transaction hereunder.
8. Warranty Disclaimer; Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF PURCHASE, THE INVENTORY PRODUCTS ARE PROVIDED BY KAIROS WHOLESALE LLC TO YOU “AS IS”, “WITH ALL FAULTS” AND “WHERE IS” AND KAIROS WHOLESALE LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE INVENTORY PRODUCTS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION THE INVENTORY PRODUCTS’ CONDITION OR QUALITY OR THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR — USE OF THE SITE, THAT YOUR — USE OF THE SITE IS AT YOUR SOLE RISK. KAIROS WHOLESALE LLC AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, OR LOSS OF GOODWILL, CUSTOMERS OR PROFITS, ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF KAIROS WHOLESALE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KAIROS WHOLESALE LLC’S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF PURCHASE, EXCEED THE PURCHASE PRICE PAID BY YOU TO KAIROS WHOLESALE LLC FOR THE INVENTORY PRODUCTS AT ISSUE. KAIROS WHOLESALE LLC SHALL NOT BE HELD LIABLE FOR ANY ERROR IN A LISTING THAT KAIROS WHOLESALE LLC CORRECTS PRIOR TO THE PURCHASE OF THE INVENTORY PRODUCTS TO WHICH THAT LISTING APPLIES. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE EACH PURCHASE TRANSACTION AND ANY TERMINATION OF THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties. Therefore some of the limitations set forth in this section may not apply to you.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF PURCHASE, THE INVENTORY PRODUCTS ARE PROVIDED BY KAIROS WHOLESALE LLC TO YOU “AS IS”, “WITH ALL FAULTS” AND “WHERE IS” AND KAIROS WHOLESALE LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE INVENTORY PRODUCTS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION THE INVENTORY PRODUCTS’ CONDITION OR QUALITY OR THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR — USE OF THE SITE, THAT YOUR — USE OF THE SITE IS AT YOUR SOLE RISK. KAIROS WHOLESALE LLC AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, OR LOSS OF GOODWILL, CUSTOMERS OR PROFITS, ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF KAIROS WHOLESALE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KAIROS WHOLESALE LLC’S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF PURCHASE, EXCEED THE PURCHASE PRICE PAID BY YOU TO KAIROS WHOLESALE LLC FOR THE INVENTORY PRODUCTS AT ISSUE. KAIROS WHOLESALE LLC SHALL NOT BE HELD LIABLE FOR ANY ERROR IN A LISTING THAT KAIROS WHOLESALE LLC CORRECTS PRIOR TO THE PURCHASE OF THE INVENTORY PRODUCTS TO WHICH THAT LISTING APPLIES. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE EACH PURCHASE TRANSACTION AND ANY TERMINATION OF THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties. Therefore some of the limitations set forth in this section may not apply to you.
9. Use of the Site
You agree and acknowledge that Kairos Wholesale LLC makes no guaranty of the accuracy, correctness or completeness of any Promotional Content and are not responsible for: any errors or omissions arising from the use of any thereof; any failures, delays or interruptions in the delivery of any Promotional Content contained with the Site; losses or damages arising from the use of the Promotional Content provided by the Site; any conduct by you in connection with the Site; or any Promotional Content or products provided through or in conjunction with the Site. You must comply with the Terms of Use and Privacy Policy applicable to the Site as may be published or provided by Kairos Wholesale LLC in writing (including by posting on the Site) from time to time.
You agree and acknowledge that Kairos Wholesale LLC makes no guaranty of the accuracy, correctness or completeness of any Promotional Content and are not responsible for: any errors or omissions arising from the use of any thereof; any failures, delays or interruptions in the delivery of any Promotional Content contained with the Site; losses or damages arising from the use of the Promotional Content provided by the Site; any conduct by you in connection with the Site; or any Promotional Content or products provided through or in conjunction with the Site. You must comply with the Terms of Use and Privacy Policy applicable to the Site as may be published or provided by Kairos Wholesale LLC in writing (including by posting on the Site) from time to time.
10. Breach of Terms of Purchase
If you fail to comply with any term or condition in these Terms of Purchase, Kairos Wholesale LLC may immediately terminate your account, deactivate your password and/or seek any other remedy available to Kairos Wholesale LLC or its affiliates.
If you fail to comply with any term or condition in these Terms of Purchase, Kairos Wholesale LLC may immediately terminate your account, deactivate your password and/or seek any other remedy available to Kairos Wholesale LLC or its affiliates.
11. General Provisions
11.1.
These Terms of Purchase will be governed by the laws of the state of Kansas, without reference to its choice of law rules. Any action or proceeding arising out of, related to, or in any way involving, the Terms of Purchase and/or your participation in or involvement with the Site must be brought in the state or federal courts Kansas and, by conducting business with Kairos Wholesale LLC, you consent to the exclusive personal jurisdiction of such courts. No waiver of any provision of these Terms of Purchase shall constitute a continuing waiver, and no waiver shall be effective unless made in a signed writing. The division of these Terms of Purchase into separate sections, subsections and/or exhibits and the insertion of titles or headings is for convenience of reference only and shall not affect the construction or interpretation of the Terms of Purchase.
11.2.
Except as expressly provided herein, the Terms of Purchase do not confer any rights or privileges upon any third party.
11.3.
Kairos Wholesale LLC shall not be liable to you for failure or delay in performance hereunder due in whole or in part to an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any government, unforeseen shortages or unavailability of fuel, power, transportation, or supplies, and any other causes which are not within Kairos Wholesale LLC’s reasonable control, whether or not of the kind specifically enumerated above.
11.4.
These Terms of Purchase were last updated on March 7, 2013. Please check our Terms of Purchase periodically for changes.BY CHECKING THE “I AGREE TO THE TERMS & CONDITIONS OF THIS SITE” CHECKBOX AT THE BOTTOM OF THIS SCREEN, YOU ACCEPT AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THE AGREEMENT. PLEASE PRINT A COPY FOR YOUR RECORDS.
11.1.
These Terms of Purchase will be governed by the laws of the state of Kansas, without reference to its choice of law rules. Any action or proceeding arising out of, related to, or in any way involving, the Terms of Purchase and/or your participation in or involvement with the Site must be brought in the state or federal courts Kansas and, by conducting business with Kairos Wholesale LLC, you consent to the exclusive personal jurisdiction of such courts. No waiver of any provision of these Terms of Purchase shall constitute a continuing waiver, and no waiver shall be effective unless made in a signed writing. The division of these Terms of Purchase into separate sections, subsections and/or exhibits and the insertion of titles or headings is for convenience of reference only and shall not affect the construction or interpretation of the Terms of Purchase.
11.2.
Except as expressly provided herein, the Terms of Purchase do not confer any rights or privileges upon any third party.
11.3.
Kairos Wholesale LLC shall not be liable to you for failure or delay in performance hereunder due in whole or in part to an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any government, unforeseen shortages or unavailability of fuel, power, transportation, or supplies, and any other causes which are not within Kairos Wholesale LLC’s reasonable control, whether or not of the kind specifically enumerated above.
11.4.
These Terms of Purchase were last updated on March 7, 2013. Please check our Terms of Purchase periodically for changes.BY CHECKING THE “I AGREE TO THE TERMS & CONDITIONS OF THIS SITE” CHECKBOX AT THE BOTTOM OF THIS SCREEN, YOU ACCEPT AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THE AGREEMENT. PLEASE PRINT A COPY FOR YOUR RECORDS.
