TERMS AND CONDITIONS FOR PRE-ORDERS
Below is a complete statement of the Terms and Conditions of Sale which apply to your purchase and/or use of the Atmotube Plus product. Sale of any Atmotube product is expressly conditioned on your (the “Buyer” or “Buyer’s”) assent to these Terms and Conditions of Sale and NotAnotherOne Inc. (the “Seller”) expressly objects to any additional or different terms. If you do not accept and agree to these Terms and Conditions of Sale, please return the product promptly.
NotAnotherOne Inc. is hereby conducting pre-order Sales of Atmotube Plus product and is taking orders and payments for Atmotube Plus product to be shipped at a future date (“Pre-Order” or “Pre-Orders”). In order to make a Pre-Order you are required to pay for the Atmotube Plus or product in full when you make a purchase. At the time you place a Pre-Order, NotAnotherOne Inc. will be able to provide an estimated timeframe for the shipment of the pre-ordered product, but such estimates are not guaranteed and may be extended or updated by NotAnotherOne Inc. You will be notified about the exact shipment date prior to shipment of the pre-ordered product. If you decide to cancel your Pre-Order prior to the shipment, you must contact Atmotube Support Team by email (firstname.lastname@example.org).
You may cancel your Pre-Order any time before your purchased Atmotube Plus product is shipped to you and, if your payment has already been processed, get a full refund.
LIMITATION OF LIABILITY
SELLER IS NOT LIABLE FOR DAMAGES CAUSED BY THE ATMOTUBE PRODUCT OR THE USE OF THE ATMOTUBE PRODUCT AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN LAW, EQUITY, CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), DOES SELLER'S LIABILITY TO BUYER AND/OR USERS FOR ANY OTHER DAMAGES HEREUNDER (INCLUDING, WITHOUT LIMITATION, DAMAGES IN AN ACTION FOR CONTRIBUTION OR INDEMNITY) EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC ATMOTUBE PRODUCT PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT DOES SELLER'S LIABILITY TO BUYER AND/OR USERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES.
For clarity, the term “consequential damages” includes, but is not limited to, loss of anticipated profits; business interruption; loss of use, revenue, reputation or data; costs incurred, including, without limitation, costs for capital, fuel, or power; loss or damage to property or equipment; and environmental clean-up. Any action arising hereunder or relating hereto, regardless of the form of the action (whether based in law, equity, contract, infringement, negligence, strict liability, other tort or otherwise), must be commenced within one (1) year after the date of shipment or it shall be barred.
Unless otherwise specified by Seller in writing, it is expressly understood that any technical advice furnished by Seller with respect to the use of the Atmotube product is given without charge, and Seller assumes no obligation or liability for the advice given or not given, or results obtained, all such advice being given and accepted at Buyer’s risk.
Buyer assumes responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Atmotube product, either alone or in combination with other products/components, and shall indemnify, defend, and hold Seller harmless for any such loss, damage or injury.
DISCLAIMER OF RELIABILITY
THERE IS NO ASSURANCE OF MERCHANTABILITY OR FITNESS OF THE ATMOTUBE PRODUCT FOR ANY PARTICULAR PURPOSE.
The Atmotube product presents data in raw form, meaning that the data the user sees is exactly what was collected electronically from the Atmotube product at the moment it was activated and viewed. It is important to remember that this raw data is not and should never be considered valid and verified in the sense that it has not been compiled, vetted and/or tested by any government sponsored or recognized quality assurance agency.
The Atmotube product provides a “snapshot” from a moment in time; to present an accurate picture of air quality, data would need to be compiled, monitored, and compared – and verified - at regular intervals over an extended period of time. The Atmotube product provides estimates only.
To be clear, the data reflected and/or reported by the Atmotube product has neither been validated nor quality assured by federal, state or local air monitoring agencies. The data can and should be expected to change over time and would not be considered reliable unless and until it was put through a formal quality assurance/quality control review. Odd data or anomalous reports are particularly suspect and should be considered invalid.
All data is for personal use, information and enjoyment only. Users should always rely on the advice of their physicians, and their own judgment, to make decisions concerning their health and wellness.
Please be aware that your order may be held at customs for inspection, delaying the delivery time, and you may be charged a customs fee or import tax or similar.
Any additional charges must be fulfilled by the recipient, we do not collect this beforehand, and cannot give you an estimate of the cost - charges vary around the world.
If customs fees and charges are refused at the time of delivery, your order will be returned and you will not receive a refund for shipment costs.
THERE ARE NO WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE ATMOTUBE PRODUCT, SPECIFICALLY, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, REGARDING THE ATMOTUBE PRODUCT OR THE USE OF THE ATMOTUBE PRODUCT.
Specifically, there is no warranty or offer of replacement for any losses or damage due to misuse, accident, abuse, neglect, wear and tear, corrosion, moisture, Buyer’s or any other person’s negligence, unauthorized modification or alteration, use beyond capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Seller. Unless otherwise specified by Seller in writing, Seller has no duty to install, inspect, observe, advise and/or warn as to the Atmotube product, or as to any other products or conditions located on Buyer’s property or work site, at the time of sale, delivery, or otherwise.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO PURCHASE OUR PRODUCTS. By pre-ordering the Atmotube, you represent and warrant that: (i) you are 18 years of age or older; (ii) any Pre-Order information you submit is truthful and accurate; (iii) you will maintain the accuracy of such information; and (iv) your use of the product does not violate any applicable law or regulation. NotAnotherOne Inc. may refuse a sale of a Product to anyone at any time, in its sole discretion for any or no reason.