These terms and conditions govern the sale of products (“Product or Products”) and provisions of Services (“Services”) by Dreaming Robots and its affiliates as well as by third party vendors and/or service providers of Dreaming Robots. Services are defined as any service and/or content Dreaming Robots makes available to or performs for Customer, as well as materials displayed, transmitted or performed on the website (www.dreamingrobots.com). These terms and conditions (“Agreement”) take precedence over Customer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Dreaming Robots’ commencement of performance or delivery shall be deemed or construed as acceptance of Customer’s supplemental or conflicting terms and conditions. Dreaming Robots’ failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Customer’s acceptance of the Products and/or Services from Dreaming Robots shall be deemed to constitute acceptance of the terms and conditions contained herein. These terms are subject to change and may be revised at any time. All revisions will be effective upon Dreaming Robots posting updated terms to its website.
Orders
All orders placed by Customer are subject to acceptance by Dreaming Robots. All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased. Unless otherwise agreed, all materials will be shipped no later than one year from the date that Dreaming Robots accepts the purchase order. Dreaming Robots may in its sole discretion allocate Product among its Customers.
Delivery & Title
Title & risk of loss pass to the Customer upon delivery to the carrier. Dreaming Robots’ delivery dates are estimates only and Dreaming Robots is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of Dreaming Robots, nor shall the carrier be deemed an agent of Dreaming Robots. A delayed delivery of any part of an Order does not entitle Customer to cancel other deliveries.
Limitation of Liability
Dreaming Robots liability to Customer is limited to Customer’s direct damages up to an amount not exceeding the price of the Product at issue. Dreaming Robots is not liable for, and Customer is not entitled to any indirect, special, incidental or consequential damages (for example, loss of profits or revenue, loss of data, loss of use, rework, repair, manufacturing expense, costs of product recall, injury to reputation or loss of customers). To the extent Dreaming Robots cannot lawfully disclaim any implied or statutory warranties, Customer’s statutory rights are not affected by this limitation of liability. Customer will indemnify, defend and hold Dreaming Robots harmless from any claims based on (a) Customer’s compliance with Dreaming Robots’ designs, specifications, or instructions, (b) modifications of any products, or (c) use in combination with other products.
Forces Beyond Dreaming Robots’ Control
Dreaming Robots is not liable for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control (for example, acts of nature, acts of omissions of Customer, operational disruptions, natural or artificial disasters, epidemic medical crises, materials or Product shortages, strikes, riot, war, criminal acts, delays in delivery or transportation, inability to obtain labor, government priorities, changes in law, material shortages, fire, floods, quarantine restrictions, acts of terrorism, materials or Products through regular sources).
General
This Agreement shall be governed, construed, and enforced by the laws and courts of the State of Massachusetts. The State of Massachusetts shall have jurisdiction over all controversies arising out of, or relating to, this Agreement.
- The unenforcability or invalidity of any of these terms or conditions will not affect the remainder of the terms and conditions.
- Products, including software or other intellectual property, are subject to any applicable rights of third parties and Customer shall comply with such rights.
All features, content, specifications, Product(s) and prices of Product(s) and Services described or depicted on the website are subject to change at any time without notice. The inclusion of any Product(s) or Services on the website at a particular time does not imply or warrant that these Product(s) or Services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from the website. By placing an Order, you represent that the Product(s) ordered will be used only in a lawful manner.
- In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm Orders by email, the receipt of an email order confirmation does not constitute our acceptance of an Order or our confirmation of an offer to sell a Product or Service. We reserve the right, without prior notice, to limit the order quantity on any Product or Service and/or to refuse service to any Customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
We will fully cooperate with any law enforcement authorities as per our Guidelines for Law Enforcement.
The design of the website and all text, graphics, information, content, and other materials displayed on or that can be downloaded from the website are protected by copyright, trademark and other laws.
By submitting user content to the website you are granting Dreaming Robots a worldwide, non exclusive license to use the user content and are representing and warranting to Dreaming Robots that the content is owned or duly licensed by you, and that Dreaming Robots is free to publish, distribute and use the user content as hereinafter provided for without obtaining permission or license from any third party.