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Terms and Condition Governing the Use of PlanetPinas.com

1. APPLICATION OF TERMS AND CONDITIONS OF SALE

The following terms and conditions shall govern the sale by PanetPinas or "Seller" named on the invoice that will be provided to Customer for orders for merchandise PlanetPinas, unless Customer has signed a separate formal purchase agreement with PlanetPinas.

By ordering products on PlanetPinas's on-line store or by accepting delivery of the products described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. PlanetPinas reserves the right to change these terms and conditions without prior written notice at any time, at PlanetPinas's sole discretion.

2. OTHER DOCUMENTS DO NOT APPLY

These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by PlanetPinas.

3. PAYMENT TERMS

Terms of payment shall be determined at PlanetPinas's discretion. Payment must be received by PlanetPinas prior to PlanetPinas's acceptance of Customer's order. Payment shall be made by credit card, check or some other pre-arranged method of payment acceptable to PlanetPinas.

Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and PlanetPinas shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.

4. PRICES, SHIPPING AND HANDLING CHARGES AND TAXES

PlanetPinas will only ship to specific locations as indicated on its list of shipping destinations. All prices indicated do not include charges for shipping and handling, and taxes. Separate charges for shipping and handling will be shown on the invoice. The Customer is responsible for sales and all other taxes associated with the order.

5. LIMITED WARRANTY

THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, PLANETPINAS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. PLANETPINAS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

6. PRODUCTS AVAILABILITY

Product availability may be limited. Products may not be available for immediate delivery. PlanetPinas reserves the right, without liability or prior notice, to revise or cease to make available any or all products or to cancel any order. If there is any revision or cessation, PlanetPinas may ship products which have the functionality and specifications of the products ordered but there will be differences in the specifications between what was shipped and what was ordered.

7. EXCLUSION AND LIMITATION OF LIABILITY

FOR ANY BREACH OF THESE TERMS AND CONDITIONS, PLANETPINAS’ SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.

IN NO EVENT SHALL PLANETPINAS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF PLANETPINAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

PLANETPINAS SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF PLANETPINAS

8. GOVERNING LAW AND JURISDICTION

The sale of products shall be governed by the laws of the Republic of the Philippines. Venue and jurisdiction for all disputes will lie exclusively in the Republic of the Philippines.

9. EXPORT CONTROL

Products purchased or received under these terms and conditions shall be subject to export laws and regulations of the Republic of the Philippines.

10. HEADINGS

The headings of each of these terms and conditions are for convenience of reference only and shall not form part of these terms and conditions. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

11. RETURN POLICIES

PlanetPinas shall entertain returns only in cases of wrong items shipped. Customer may return the product only in accordance with PlanetPinas's return policy in effect on the date of the invoice.

12. PRODUCTS

PlanetPinas's policy is one of on-going product update and revision. PlanetPinas may revise and discontinue products at any time. PlanetPinas will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.

13. SERVICE AND SUPPORT

PlanetPinas endeavors to provide the best customer and technical support. For end-user Customers, PlanetPinas promises that its support people will attempt to handle over the telephone or email any problem involving PlanetPinas products.

14. NO ASSIGNMENT

Customer may not assign its rights or obligations under this Agreement without the express written consent of PlanetPinas.

15. INVALIDITY OF PROVISIONS

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

16. TITLE

Title to products passes from PlanetPinas Online Store to Customer on shipment from PlanetPinas facility. Title to software will remain with the applicable licensor(s).

17. APPLICABLE LAWS
Customer agrees to comply with all applicable laws and regulations of the Republic of the Philippines.

18. TRADEMARKS AND COPYRIGHT NOTICE

PlanetPinas, PlanetPinas.com, the PlanetPinas logo, and the PlanetPinas products referred to herein are either the trademarks or the registered trademarks of PlanetPinas. The absence of a product name or logo on this web site does not constitute a waiver of PlanetPinas's trademark or other intellectual property rights concerning that name or logo.

©2003 PlanetPinas, Inc.
PlanetPinas, the PlanetPinas logo, and other PlanetPinas marks are owned by PlanetPinas and are registered. All other trademarks are the property of their respective owners.