SMART SLIDE PRE-ORDER TERMS
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders (“Pre-Order”) with Rade Technology Corp. (“we”, “ us”, or “Radetec”) for our SMART SLIDE (“Product”). Please read these Terms carefully before submitting your Pre-Order of the SMART SLIDE. By submitting your Pre-Order, you agree to be legally bound by these terms.
1. Pre-Order Reservation
When placing a Pre-Order for the SMART SLIDE, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Radetec shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your being shipped by sending an e-mail to email@example.com.
You acknowledge and agree that Radetec may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase Price in case Radetec cancels the Pre-Order at its discretion.
You will be charged the full Price of the SMART SLIDE at the time of placing the Pre-Order. Your placing of a Pre-Order constitutes your express agreement to Radetec of charging the full Price of the SMART SLIDE at such time.
Radetec will build the SMART SLIDE according to the Pre-Order as explained. This position does not imply receiving a particular number associated with your SMART SLIDE. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the SMART SLIDE reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use the SMART SLIDE for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling the SMART SLIDE reservations. Furthermore, we may in our discretion prior to fulfilling SMART SLIDE reservations offer for sale to the public (for instance, by auctioning off) a limited number of SMART SLIDEs. Please consult our website or our newsletter for more information about such events.
4. Delivery Schedule
Although we will make efforts to begin delivering SMART SLIDEs as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Radetec does not represent or warrant that it will be able to ship the SMART SLIDE by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the SMART SLIDE is not met, Radetec is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your SMART SLIDE, you may cancel your reservation as provided for in Section 6 below.
The purchase price (“Price”) does not include taxes and other government charges, which are your responsibility. If the Price goes up, your order is secure at the low Price. The Pre-Order Price is valid from the moment you place the Pre-Order right up to 14 days after you receive the item.
You or Radetec may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your SMART SLIDE is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest; Cancellation will be made by sending an email to firstname.lastname@example.org from the address you used to make the Pre-Order or an updated address you have added to your Pre-Order.
If Radetec cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee).
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL RADETEC, ITS AFFILIATES OR PARTNERS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN NO EVENT SHALL RADETEC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO RADETEC PURSUANT TO THIS AGREEMENT.
8. Terms and Conditions of Sale
The purchase of the SMART SLIDE is subject to additional terms and conditions provided by Radetec, including in respect of any software included in the SMART SLIDE or intellectual property embodied in the SMART SLIDE or data collected by the SMART SLIDE. The current Terms and Conditions of Sale can be found in the footer of the checkout page and in the footer of our website and are subject to change without notice. Your purchase of the SMART SLIDE will be subject to these terms and conditions and the refund policy
9. Entity, Age and Residency
You acknowledge that you are at least 18 years of age, are a resident of the Unites States, and will take delivery of your SMART SLIDE in the United States. If you are Pre-ordering a SMART SLIDE on behalf of a company, organization or entity (an “Entity”) located in the United States, you represent and warrant that you have the authority to bind that Entity to these Terms and such Entity agrees to be bound by these Terms.
You acknowledge and agree that Radetec will initially focus its service efforts on certain geographical areas, and may expand to other areas as the company grows.
The SMART SLIDE will only be sold within the United States, Radetec will not sell internationally.
11. Force Majeure
Radetec wont be liable for any failure or delay in performing an obligation under this Agreement that is due to an event beyond our reasonable control, including, but not limited to, any Act of God, pandemic, disease, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, material changes in applicable law regulations, uprising, unavailability of materials or manufacturing processes, strike, earthquake, flood, hurricane or any other natural or man-made eventuality outside our control.
12. Customer Information
RADETEC DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY RADETEC WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE SMART SLIDE, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE SMART SLIDE THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE SMART SLIDE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 6 ABOVE.
14. Changes to the Terms
Radetec reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.
15. Miscellaneous Provisions
These Terms constitute the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Florida. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in the Miami-Dade County, the place were this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you hereunder.
16. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right will be effective only if in writing and signed by a duly autorized representative of Radetec.