ORDER ACCEPTANCE

Receipt of an electronic or other form of order confirmation does not signify ImExWare, Inc.’s acceptance of customer’s order, nor does it constitute confirmation of ImExWare, Inc.’s offer to sell.  ImExWare, Inc. reserves the right at any time after receipt of customer’s order to accept or decline customer’s order for reasonable cause including but not limited to lack of availability of products or failure by customer to satisfy payment terms.

If a product is listed at an incorrect price, due to typographical error, ImExWare, Inc. shall have the right to refuse or cancel any orders placed for the product(s) listed at the incorrect price whether or not the order has been confirmed and whether or not payment has been remitted. If payment has been remitted for the purchase and ImExWare, Inc. cancels customer’s order, ImExWare, Inc. shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.

PAYMENT TERMS

Terms of payment are within ImExWare, Inc.’s sole discretion and unless otherwise agreed upon must be received or otherwise authorized or secured in a form approved by ImExWare, Inc.  Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by ImExWare, Inc. Orders are not binding until accepted by ImExWare, Inc.  Any quotations given will be valid only for the period stated on the quotation.  ImExWare, Inc. reserves the right to adjust or cancel quotations as required.

SHIPPING

We take great care in packing all our products to insure that they travel to you in the safest manner possible.  However, when they leave our warehouse we must count on the specific carriers to do their best to get the products to you safely.  In the event there is damage to your shipment, it is your responsibility to contact the carrier and file a damage claim.

When your order is shipped we will e-mail you with the confirmation of your shipment.  This confirmation e-mail will give you the carrier's name, phone number, and the tracking number of your specific shipment (if available).  This will allow you to anticipate its arrival and insure that someone is there to receive it.  Because many orders weigh a great deal and must be shipped by common carriers, the customer needs to make arrangements to

receive the material.  Typically a carrier will bring the material to your chosen destination and assist only in off-loading the material.  Consideration should be given to where it will be stored, distance it must be carried and the ability to handle packages that weigh 50 lbs. or more.  ImExWare will not be responsible for any damages or injuries that may occur during unloading.

TAXES

Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be added on ImExWare, Inc.’s order form.

 

LIMITED WARRANTY

Buyers and installers must inspect all stone prior to installation. Before installation, all material should be laid out in order to see the natural variations and to plan how best to install them.  Buyer and installer waive any and all possible defects, which could have been discovered by reasonable inspection prior to installation.  ImExWare, Inc. reserves the right to inspect the stone and if, at their sole discretion, said representative determines that the defect is valid, will replace said stone.  The sole obligation of ImExWare, Inc. under this warranty is to replace any defective stone. 

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY

THIS WEBSITE IS PROVIDED BY ImExWare, Inc. ON AN "AS IS" AND "AS AVAILABLE" BASIS. ImExWare, Inc. MAKES NO REPRESENTATION OR CONDITION, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOU USE OF THIS SITE IS AT YOUR SOLE RISK. ImExWare, Inc. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ImExWare, Inc. ARE ERROR-FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.  ImExWare, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

LIMITATION ON DAMAGES

ImExWare, Inc. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN.  ImExWare, Inc. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF ImExWare, Inc. WAS ADVISED OF THE POTENTIAL 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.  ImExWare, Inc. IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).

RETURN and REFUND POLICY
 

Customers must notify ImExWare, Inc. with-in a 10-day period from delivery, to return products. Shipments are eligible for return if 1) the product is materially different than samples provided by ImExWare, Inc. or 2) the quality of the product does not meet industry standards. Our stone is a product of nature and variation in color, grain and texture may exist and are considered part of the characteristic of the stone. Because all stones are natural no guarantees as to a specific stone's characteristics can be given. ImExWare, Inc. reserves the right to have a qualified representative inspect the product and any product shown to be defective at the time of sale will be replaced free of charge. In all cases use of material constitutes acceptance.

Returns will be subject to a 25% restocking fee plus related freight charges. Material that is returned must be packaged for pick up in the same manner it was received. Samples are not eligible for return.

If payment has been remitted for any purchase and ImExWare, Inc. cancels customer’s order, ImExWare, Inc. shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
 

CURRENCY

All references to monetary amounts, including prices, on the ImExWare, Inc. Website (the “Site”) and in this Agreement shall be in U.S. currency.

 

GOVERNING LAW

This Agreement and any sales there under shall be governed by the laws of The State of Nevada and the Federal laws of Nevada applicable therein, without regard to conflict of law rules.  The user agrees that all matters relating to access to, or use of, the Site, or any other hyperlink Web site, shall be governed by the laws of the State of Nevada and the Federal laws of Nevada applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the State of Nevada and acknowledges that the user does so voluntarily and is responsible for complying with local laws.

ARBITRATION

Any dispute relating in any way to your visit to ImExWare, Inc. Web Site or to products you purchase through ImExWare, Inc. shall be submitted to confidential arbitration in Las Vegas, Nevada.   Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

TERMS OF USE

By using this Site, you signify your acceptance without modification of the Terms of Use. The Terms of Use are subject to change without prior notice at any time, in ImExWare, Inc.’s sole discretion so you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. In the event of any inconsistency between this Agreement and the Terms of Use, the terms of this Agreement shall prevail.