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Sales and Warranty Policy
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Corient Implied Warranty
Implied warranties are created by state law, and all states have them. Almost every purchase you make is covered by an implied warranty.
- The Corient “warranty of merchantability,” means that we promise that the product will do what it is supposed to do.
- The Corient “warranty of fitness for a particular purpose” applies when you buy a product on our advice that it is suitable for a particular use.
If your purchase does not come with a written warranty, it is still covered by implied warranties unless the product is marked “as is,” or Corient otherwise indicates in writing that no warranty is given. Several states, including Kansas, Maine, Maryland, Massachusetts, Mississippi, Vermont, West Virginia, and the District of Columbia, do not permit “as is” sales.
If problems arise that are not covered by a written warranty, you should investigate the protection given by your Corient implied warranty. Implied warranty coverage can last as long as four years, although the length of the coverage varies from state to state. A lawyer or a state consumer protection office can provide more information about implied warranty coverage in your state.
Preventing Problems
Read the warranty before you buy. Understand exactly what protection the warranty gives you.
Consider the reputation of Corient and the manufacturer offering the warranty. If you’re not familiar with the manufacturer, ask your local or state consumer protection office or Better Business Bureau if they have any complaints against the manufacturer. A warranty is only as good as the company that stands behind it. Save your receipt and file it with the warranty. You may need it to document the date of your purchase or prove that you’re the original owner in the case of a nontransferable warranty. Perform required maintenance and inspections. Use the product according to the manufacturer’s instructions. Abuse or misuse may void your warranty coverage.
If you have problems with a product or with getting warranty service:
Read your product instructions and warranty carefully. Don’t expect features or performance that your product wasn’t designed for, or assume warranty coverage that was never promised in writing. A warranty doesn’t mean that you’ll automatically get a refund if the product is defective. Corient or the manufacturer may be entitled to try to fix it first. On the other hand, if you reported a defect to the company during the warranty period and the product wasn’t fixed properly, Corient or the manufacturer must correct the problem, even if your warranty expires before the product is fixed.
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Return Policy
Products purchased are refundable or may be exchanged within 30-days from date of purchase.
The product to be exchanged may only be exchanged for another product(s) sold by Corient. The Company reserves the right to charge a 20% restocking fee at our discretion. Our returns department will issue you an email stating that the return request was received within 48 hours of our acceptance of same. When a return request is approved a return authorization and instructions to ship the products back to Corient will be emailed to you. All shipping costs for returning equipment are at the customer’s expense unless Corient management has approved a shipping waiver. NO RETURNS WILL BE ACCEPTED WITHOUT A RETURN AUTHORIZATION. Additionally, before any refund or new product will be made available, the customer must send to Corient a Request for Refund Letter. The letter will be written on the customer’s letterhead. To obtain an exchange, you must notify Corient within 30 days of your original purchase date that you desire to exchange the product purchased. The Request for Refund Letter must be sent by regular mail only (no e-mail) in order to obtain an exchange authorization.
Products purchased that are downloadable may be returned for a full credit. However, before any product may be returned, the customer must return to Corient a Request for Refund Letter. The customer will provide the letter. To obtain a refund, you must notify Corient , Inc. within 30-days of your original purchase date that you desire a refund for the product purchased. The Request for Refund letter must be sent to Corient by regular mail only (no e-mail) in order to obtain a refund. In order to obtain a refund or exchange, you must provide your correct e-mail address and mailing address to Corient . The Company will not be liable for any claims of non-receipt of merchandise or return authorization that was a result of an incorrect email address and mailing address provided by you to Corient.
Fraudulent Credit Card Charges or Fraudulent Claims
All requests to negate charges are investigated by our technical and legal departments. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in cancellation of your card services, put negative information on your credit report, and create possible criminal charges that may be filed against you.
Corient reserves the right to modify its Refund Policies at its discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately after posting of the revised Refund Policy on Corient‘s Web site. You agree to periodically review our Web site, including the current version of our Refund Policy. Our policies are made available on our Web site. It is your obligation to review our policies for any such revisions.
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Terms and Condition of Sale
These terms and conditions of sale constitute a binding contract between Customer and Corient. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on Corient ‘s Website (the “Site”). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and Corient relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Corient at the address provided on this Site on the Contact page.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in Corient‘s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF MISSOURI, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN SAINT LOUIS COUNTY, MISSOURI AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN SAINT LOUIS COUNTY, MISSOURI AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Risk of Loss
If Customer provides Corient with Customer’s carrier account number, or selects a carrier other than a carrier that regularly ships for Corient, title to products and risk of loss or damage during shipment passes from Corient to Customer upon shipment from Corient‘s facility. For all other shipments, title to products and risk of loss or damage during shipment passes from Corient to Customer upon receipt by Customer. Title to software will remain with the applicable licensor(s). Corient retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
Warranties
Customer understands that Corient may not be the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Corient. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Corient. In connection with services, neither affiliates of Corient nor third party service providers are agents of Corient and Corient has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers.
CORIENT AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF CORIENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.
Pricing Information and Availability Disclaimer
All pricing is subject to change. Corient reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Corient cannot guarantee that it will be able to fulfill Customer’s orders.
Limitation of Liability
NEITHER CORIENT NOR ITS AFFILIATES WILL 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. NEITHER CORIENT NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY CORIENT OR ITS AFFILIATES, NEITHER CORIENT NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
Corient will not be responsible for any delays in delivery which result from events beyond its control, including, without limitation, product unavailability, carrier delays, fire, weather conditions, failure of power, labor problems, acts of war, terrorism, insurrection, acts of God or acts of any Government or agency.
Customer acknowledges and agrees that, in some instances, Corient and its affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases Corient and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax. All amounts, including taxes, associated with third party services are being collected by Corient solely in the capacity as an independent sales agent.
Arbitration
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 the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Corient‘s advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF CORIENT, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither Corient nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act. The arbitration will take place in Saint Louis, Missouri. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.
Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Corient arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Corient until accepted by Corient. Terms of payment are within Corient‘s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Corient may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the lower of two and one-half percent (2.5%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold Corient harmless from, any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Corient’s costs of collection, including court cost, filing fees and attorney’s fees.
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