Tecolote Investments, LLC d/b/a Libbera (together with its affiliates “Libbera”) Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH LIBBERA. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Libbera. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site, by telephone, facsimile or otherwise. (References to "you" or "your" shall relate to the Customer; references to "Libbera" shall relate to Libbera and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Libbera relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Libbera. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
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) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity, enforceability thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), Libbera's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY EITHER THE AAA OR THE NATIONAL ARBITRATION AND MEDIATION, INC. under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at https://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Consumer shall have the ability to choose between these two forums as well as choose a venue that is convenient for Consumer. Additionally, Libbera shall bear the cost of the administrative and arbitrator fees. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Libbera. Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in a venue chosen by Consumer. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration; provided however, in the event that Customer should prevail on its claim against Libbera then Customer shall be entitled to recover attorneys' fees from Libbera to at least the same extent as Customer would recover in court.
THIS SALE AGREEMENT AND ARBITRATION CLAUSE DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES WOULD. YOU AGREE THAT, BY ENTERING INTO THIS SALE AGREEMENT, YOU AND LIBBERA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Opt-out: You may opt-out of this dispute resolution provision only by notifying Libbera within 30 days of the date that it first applies to you. You must do so by writing to Libbera, P.O. Box 231002, Encinitas, CA 92023, attn.: Arbitration Opt-Out, and including your name, address, account number (if you have one), and a clear statement that you do not wish to resolve disputes with Libbera through arbitration.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. IN THE EVENT, AND FOR WHATEVER REASON, SHOULD THE ARBITRATION CLAUSE ABOVE BE INAPPLICABLE, THEN CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN SAN DIEGO COUNTY, CALIFORNIA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by Libbera is Libbera's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country.
General Legal Disclaimer
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, LIBBERA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
REFUND OF PRICE PAID OR REPLACEMENT OF PRODUCT IS YOUR EXCLUSIVE REMEDY
Pricing and Information Disclaimer
All pricing is subject to change. For all prices, products and offers, Libbera reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Libbera uses reasonable efforts to include accurate and up-to-date information on the Site, Libbera makes no warranties or representations as to the Site's accuracy. Libbera assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
LIBBERA WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER 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.LIBBERA WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, LIBBERA 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.
Orders; Payment Terms; Interest; Taxes
Terms of payment are within Libbera's sole discretion, and unless otherwise agreed to by Libbera payment must be received by Libbera prior to Libbera's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Libbera. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Libbera may invoice parts of an order separately. Orders are not binding upon Libbera until accepted by Libbera. Any quotations given by Libbera will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Libbera’s standard shipping rate is $7.95 per order. Should you wish expedited shipping and handling, then additional charges may apply and will be determined based upon where you are shipping your order and your desired delivery date. Please contact Customer Service for our most current and competitive rates, options and shipping specials.
All products shipped by Libbera have a 30-day money back guarantee less shipping and processing. Return authorization numbers must be received from Customer Service and written on the shipping box. Please contact Customer Service with any questions about this guarantee at 1-888-986-3227. The above mentioned Guarantee & Return Policy applies to Internet and TV purchases directly from Libbera only. Libbera reserves the right to authorize product returns beyond 30 days from the invoice date. IF the product is accepted after 30 days, credit will be issued toward FUTURE PURCHASES ONLY.
If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
By ordering any product from Libbera, whether by over the Internet, telephone, facsimile or otherwise, the Customer agrees to be bound by these Terms and Conditions of Sale, as well as any other Contract terms contained elsewhere on the Libbera website.
Credit card charges are processed online after ordering the products and/or services.