ARRIS Sales Policy
Together with the policies, terms and agreements referenced below, and the applicable documents listed on our Legal Information Page, this ARRIS Sales Policy governs your purchases from ARRIS via moxi.com.
PLEASE READ THIS SALES POLICY AND ALL OTHER APPLICABLE DOCUMENTS CAREFULLY BECAUSE THEY SET OUT YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR PURCHASES, INCLUDING IMPORTANT LIMITATIONS AND EXCLUSIONS, SUCH AS THOSE IN ARRIS’ LIMITED WARRANTY.
Your placement of an order with ARRIS via moxi.com, regardless of whether payment or order processing and/or fulfillment is provided by ARRIS or a third party, constitutes your agreement that all terms and conditions of this Sales Policy apply to the order and purchase. However, this ARRIS Sales Policy does not apply to any sales directly from other retailers, such as Amazon.com or others. Be certain you understand all such terms before you place your order.
U.S. Sales Only. ARRIS and its order/fulfillment vendors sell and ship Moxi–brand products only within the continental United States, Alaska, and Hawaii. No shipments can be made to APO or FPO addresses, United States territories, or addresses outside the United States. You may not export any Moxi–branded products.
Sales to End Users; Personal Use. ARRIS and its order/fulfillment vendors sell and ship Moxi–brand products to end user customers only and only for personal use. You may not purchase for resale or for commercial or institutional use. ARRIS and its order/fulfillment vendors reserve the right to refuse or cancel your order if they suspect you are purchasing for any of such reasons.
Moxi Product Availability, Ordering, and Shipping.
Product Availability. Generally our products are in–stock; however, in the event that there is an out–of–stock product, that information will be noted during your ordering process. Please note that certain promotional offers may be limited to certain stock quantities and/or time limitations. Promotional offer information will be available on moxi.com from the main web page for the relevant promotion.
Order Changes and Cancellations. You may change or cancel your order at any time prior to our processing your order for shipment to your delivery destination. To change or cancel your order, please contact our customer service department at 1–866–969–6694. After your receipt of the product, you may return it during the first thirty days from the original purchase date (that is, the date we first received your order for processing, together with successful submission of appropriate payment authorization). Please see our 30–Day Money–Back Guarantee. Additionally, if an in–warranty return is needed, please see our Limited Warranty for details.
Shipping Options. ARRIS may offer different shipping options, which currently include standard, 2–day, and overnight. Shipping costs vary depending upon the option selected and can be reviewed during the checkout process.
Estimated Shipping Date. Orders will normally be shipped within 2 business days of our receipt and processing of your order. Orders received after 5:00 p.m. (Pacific Time) will be processed on the following business day.
Order Tracking. Shortly after we confirm your order, we will email order tracking information to the email address you provide. (We do not process orders unless an email address is provided.) Please note that junk mail and spam filters sometimes prevent the receipt of or quarantine such emails. This email will include shipping information, including a tracking number for the shipping carrier.
Estimated Delivery Dates. The delivery date of your product will depend upon the applicable shipping method used.* Actual shipping and delivery dates may vary and will often be earlier, but our estimated delivery dates are:
| For orders placed using: | Please allow up to: |
|---|---|
| Standard Shipping | Seven business days |
| Two-Day Shipping* | Four business days |
- Customers should expect delays if their area or an area in the delivery route is affected by severe weather or other natural disasters, or if ARRIS or the shipping company is affected by events beyond its control.
- Please see “Order Tracking” above if you would like to track your package.
Signature Requirement. The shipper will require that you, or someone at your delivery address, be available to sign for the product upon delivery.
Missed Deliveries. If your order is returned to ARRIS by the shipping company, ARRIS customer service will contact you and will either arrange to reship the product or, if you desire, will credit your account for the purchase amount.* Shipping and handling charges, if any, are not refundable.
* Subject to ARRIS’ 30–Day Money Back Guarantee
Please note that our order/fulfillment vendors and retailers do not provide technical support relating to the installation or use of Moxi products. For technical support, please contact ARRIS between the hours of 6:00 a.m. and 8:00 p.m. Pacific Time (Monday through Friday) and 6:00 a.m. and 4:00 p.m. Pacific Time (Saturday) at 1–866–969–6694; or 24 hours a day at customercare@moxi.com. For online technical support, see www.moxi.com or log in to your Moxi account at www.moxi.com.
Prices. Your total order price will include the price of the product on the day of shipping, any applicable shipping and handling charges, plus any applicable taxes or assessments. ARRIS and our order/fulfillment vendors reserve the right to change prices for products at any time and particularly to correct pricing errors.
Sales Tax. In addition to the price of your purchases, ARRIS or our order/fulfillment vendors will charge you tax (such as sales tax, use tax or other applicable government assessments) based on your delivery address and the tax rate in effect at the time your order is placed. If the tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order was received in ARRIS’ or our order/fulfillment vendor’s system (as applicable) will apply.
Payment Methods. You may use any of the payment methods offered on moxi.com. Additionally, ARRIS’ payment processor vendors may allow you to make your purchases using other payment methods that they offer from time to time. You will be presented with payment options during each order checkout, as well as links to information regarding any other payment options (if any) and additional applicable terms. Other retailers of Moxi products may also offer additional payment methods.
Proof of Purchase. ARRIS or its vendor will send a confirmation of your order via email to the email address that you provide during your order process. If you have not included an email address, we will not be able to process your order.
Return and Refund Policy; Product Warranty.
Moxi hardware products carry a 30–Day Money Back Guarantee and a one–year Limited Warranty against defects in materials and workmanship (subject to certain limitations, requirements and terms set out in the applicable policy). The applicable Return Policy for the 30–Day Money Back Guarantee is available at http://moxi.com/us/30_day_guarantee.html. You may review a copy of the Limited Warranty on new products, including its limitations and exclusions, before you purchase, by visiting the Product Documentation Section of our Support webpage.
BY PURCHASING A MOXI–BRAND HARDWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE HAD AN OPPORTUNITY TO REVIEW ARRIS’ LIMITED WARRANTY TERMS, HAVE DONE SO TO THE DEGREE YOU NEED TO BE FAMILIAR WITH THEM, AND YOU ACCEPT THEIR TERMS AND CONDITIONS, INCLUDING THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THEM.
PRODUCTS THAT DO NOT CARRY THE MOXI BRAND ARE, TO THE GREATEST EXTENT PERMITTED BY LAW, SOLD "AS IS", BUT MAY BE ACCOMPANIED BY THEIR MANUFACTURERS' STANDARD WARRANTIES. ARRIS SELLS "AS IS" PRODUCTS AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT EXPRESS OR IMPLIED WARRANTIES FROM ARRIS OR ITS ORDER/FULFILLMENT VENDORS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Products sold by ARRIS that do not bear the Moxi brand are serviced and supported exclusively by their manufacturers in accordance with any terms and conditions packaged with the products. ARRIS’ Limited Warranty does not apply to such products, even if packaged or sold with Moxi–branded products. Please contact the manufacturer directly for warranty information, technical support and customer service.
Moxi Software Licenses.
Moxi hardware products operate and run Moxi software owned and/or licensed by ARRIS and its licensors. Under the current version of the applicable Moxi Software and Services End User Agreement, this software is licensed to you for your personal use solely on and as a part of the Moxi hardware product. You will be provided a copy of the Moxi Software and Services End User Agreement, which you may review prior to breaking the seal on the packaging. Your act of breaking this seal will evidence your agreement to the terms and conditions of the applicable Moxi Software and Services End User Agreement. The current version of the applicable Moxi Software and Services End User Agreement can also be reviewed on the End User Agreements section of our Legal Information Page. The Moxi software is licensed to you under the terms of the applicable Moxi Software and Services End User Agreement and your purchase of a Moxi hardware product will, in no event, give you any ownership right, title or interest in or to the Moxi software or related service or any portion thereof. All rights, title and interests in and to the Moxi software and related service will remain with ARRIS and its licensors.
Limitation of Liability.
ARRIS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ARRIS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF ANY PRODUCT FROM ARRIS, TO THE GREATEST EXTENT ARRIS IS PERMITTED UNDER APPLICABLE LAW TO LIMIT ITS LIABILITY WITH RESPECT THERETO, NEITHER ARRIS NOR ITS LICENSORS AND/OR SUPPLIERS ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED BY ARRIS FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THESE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Other Terms and Conditions.
- Neither ARRIS nor its vendors are responsible for typographical errors. ARRIS and its vendors reserve the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order.
- ARRIS and its vendors reserve the right to change the terms and conditions of sale set forth in this Sales Policy at any time prior to our shipment of the applicable product(s).
- ARRIS and its vendors may make changes to any products or services, or to the applicable prices for any such products or services, at any time, without notice; provided that price changes will not affect any order which has been accepted by ARRIS in writing (including by electronic purchase confirmation). The information provided by ARRIS and its vendors with respect to products and services may be out of date, and neither ARRIS nor its vendors make any commitment to update the information with respect to such products and services.
- ARRIS and its vendors reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to any website upon which Moxi products are sold, or to any portion of any such website, for any reason; (2) to modify or change any such website, or any portion of any such website, and any applicable policies or terms; and (3) to interrupt the operation of any such website, or any portion thereof, as necessary to perform routine or non–routine maintenance, error correction, or other changes.
- To the extent permitted by law, all sales by ARRIS are governed by Georgia law, without giving effect to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state courts of Fulton County, Georgia and federal courts of Northern District of Georgia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state courts of Fulton County, Georgia and federal courts of Northern District of Georgia.
- YOU AND ARRIS AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS ARISING OUT OF THIS SALES POLICY OR THE PURCHASE OR SALE OF ANY PRODUCTS OR SERVICES FROM ARRIS (INCLUDING WITHOUT LIMITATION LUMP–SUM PURCHASES AND, IF APPLICABLE, INSTALLMENT PAYMENT PURCHASES AND ANY DISPUTES THAT MAY ARISE IN CONNECTION WITH ANY PAYMENT PLAN), SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief from a court or other tribunal of competent jurisdiction. Further, any dispute expressly governed by the provisions of the Moxi Software and Services End User Agreement will be exclusively subject to the dispute resolution provisions (including governing law, jurisdiction, venue and forum) set forth in that Agreement.
- Any arbitration required or permitted under this Sales Policy shall be conducted by the American Arbitration Association (the "AAA") under its Supplementary Procedures for Consumer Related Disputes ("AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Rules. If arbitration costs and fees that would otherwise be payable by you are determined by the arbitrator to be excessive in a particular dispute, ARRIS will pay the portion of the arbitration costs and fees that is in excess of what is deemed reasonable for you to pay by the arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
- To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER OR SUBJECT TO THIS SALES POLICY SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR OTHER CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF ANY OF THE PRODUCT(S) AND/OR SERVICE(S) PROVIDED, DISTRIBUTED, LICENSED AND/OR SOLD BY ARRIS, AND NO CLASS ARBITRATION OR OTHER CLASS PROCEEDINGS SHALL BE PERMITTED.
- In no event shall any claim, action or proceeding by you related in any way to any products or services provided, distributed, licensed and/or sold by ARRIS be instituted more than one (1) year after the cause of action arose.
- The AAA Rules may give either party the right to bring a dispute that would otherwise be subject to the above arbitration provisions in small claims court. Additionally, the applicable AAA Rules may provide a right to conduct the arbitration hearing at a location that is convenient to both parties. In such instances, the AAA Rules regarding these specific rights will control over any irreconcilably conflicting provision of this Sales Policy.
- Certain order/fulfillment vendor policies may apply as expressly stated in this ARRIS Sales Policy. Other than the application of these order/fulfillment vendor policies (only to the extent set out in this ARRIS Sales Policy), no order/fulfillment vendor, ARRIS employee or agent has the authority to vary any of ARRIS’ policies or the terms and conditions governing any sale.
- This ARRIS Sales Policy may not be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed in pen by both you and ARRIS. If any of the aforementioned policies are held by an arbitrator, a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect. ARRIS’ failure to insist on or enforce strict performance of this Sales Policy shall not be construed as a waiver by ARRIS of any provision or any right it has to enforce this Sales Policy, nor shall any course of conduct between ARRIS and you or any other party be deemed to modify any provision of this Sales Policy. This Sales Policy shall not be interpreted or construed to confer any rights or remedies on any third parties.
[October 1, 2009]
