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(Unframed page): www.consumertronics.net/index1.html
P.O. Box 23097, ABQ, NM 87192
VOICE ( 9-5 MST): 505-321-1034 - - - Personal Policies
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FOR POLICIES: Welcome to Consumertronics.net and Techzonics.com!
Thank you for contacting us for your high-tech needs. This webpage, policies.htm,
is our official Policies webpage. These policies fully apply to all purchases
with and contacts to our Consumertronics store and to our Techzonics store.
The hotlink to our Online Catalog and Sitemap are at top of page, else please
hit the Back button on your browser to return.
Why do you have so many detailed policies? All stores have policies - some very comprehensive and detailed. When you walk into a store or shop, you automatically assume the responsibility to fully respect the policies of the store or shop, without first having to sign an agreement at the door of that business. Think of us as your friendly Online Super Store you are walking into. Today, the overly-legalistic business environment reality requires complex and detailed policies. Some policies are required to be stated by law - not just by us but by all sellers of equipment or services. And today, a small minority of customers (about 5%) apparently have but one goal in life and that goal is to ferret out even small loopholes in business policies to victimize legitimate businesses mostly through scams of which there are numerous types. When you buy just about anything today - product or service - it is virtually always accompanied by some long, detailed set of official provisions, disclaimers, qualifications and other policies. Even some simple stuff sometimes requires many pages of policies. The greater the variety and complexity of the products and services sold - the more policies are usually required. In addition, since some of our publications and hardware are controversial in nature and offend powerful interests (e.g. powerful and ruthless energy barons, perpetrators of electronic attacks and mind control attacks, jealous competitors, corrupt politicians, glory-seeking bureaucrats, etc.) eager to find excuses for putting us out of business, we cannot leave ourselves vulnerable to those who are quick to try to take bad advantage of even the smallest loophole. And a small number of people are out to look for loopholes to take bad advantages of businesses - we must try to cover all of our bases and that requires detailed policies (e.g. a Client bought a costly Item from us which we promptly shipped; 19 months later, she complained that she never received the Item and demanded full refund - months after we had disposed of her Postal receipt)! As business people, we don't like to write-up and include extensive or detailed policies any more than you probably like to read them as consumers. However, we must do so because even abuse by only 1% of a business's customers can heavily damage - even destroy - a legitimate business where the other 99% are satisfied, and force that business to raise its prices to these 99% - its honest and satisfied customers. It is certainly not our intent for any of our policies to be viewed as unfriendly or personally insulting in any way to our good Clients. We do appreciate your business very much. Thank you very much for your business. May you have the best of successes in all that you do. We sincerely want to do an excellent job for you so that you return to us for your future needs, and spread the good word about us. Again, thank you! - John Williams, M.S.E.E., CEO
OUR CONTAGIONS POLICY: For decades, we have been and are wearing plastic gloves, caps, safety eyewear, and dust-filter face masks, and wiping down tools and parts with alcohol and frequently - long before Covid-19. Since Feb. 2020, we have been and are also wearing anti-viral face masks, and observance of social distancing and hand washing. If one of us has anything contagious - even just a common cold - he/she is not allowed to enter any work area or handle anything work-related. We also wipe down all outgoing and incoming devices, equipment, tools, parts and materials. Most other companies ignore safety precautions or apply them lightly - leaving you and your loved ones at great risk. Keeping things clean and sanitized protects both our Clients and us, and clean devices, parts, tools and equipment result in better-functioning and longer-lasting devices than dirty ones. We are here to try to help people - not to add to their life's hassles. For your own safety, please observe face masks, gloves, protective eyewear, social distancing and handwashing as much as you can. While nothing is 100% foolproof, the entire point is to reduce the probability of getting sick as much as one can reasonably do.
Our additional Special Projects (SP) policies (and forms) are described in our current version of the SPAF and SPP, both are available on our SP website (www.consumertronics.net/spaf-spp.html).
TERMINOLOGY: The terms, "you", "yours", and "person" found herein refer exclusively to any person or other entity (past, present and future) who inquires about or obtains a Consumertronics product or service from any source or by any means, or who inquires about Consumertronics or any of its personnel, and includes, but is not limited to, all Consumertronics Clients. The terms, "we", "our", and "us" found herein refer to Consumertronics, all of which also collectively and individually refer to all of its officers, employees, agents, predecessors, successors and assigns. Unless these terms are used in a context that clearly also include you, these terms do no include you. The terms, "he", "his" and "him" are used in their generic senses only, and equally apply to both to males and females, and mean the same as "you" and "yours". "SP" refers to Special Projects. "SPAF" refers to SP Application Form. "Client" is an all-inclusive term which refers herein to anyone who is a customer or Client to Consumertronics in any ordinary sense, and it also refers to anyone else and to any other entity (e.g. business, institution, non-profit, government, etc.) else which buys or trades with us, and it also refers to anyone else and any other entity else which directly or indirectly obtains from us or expects us to provide a product, service or information (even if we do not charge for it, and even if no or partial payment for it is received by us). Any where we use the term, "customer" or similar, it means "Client" as we define "Client" herein. All of these terms include, but are certainly not limited to, all of CONSUMERTRONICS' past, present and future customers and Clients.
PRIVACY POLICIES: Our Consumer Privacy Policies are simple and highly protective of our Clients. As long as you fully pay for your projects on a timely basis and your payments don't bounce, your intentions are legal, and you do not attempt to cause us harm, Consumertronics considers you to be a GOOD CLIENT, in which case it does not care who you are and it fully respects your confidentiality. For our Good Clients, our only interest is providing you great devices and support at reasonable prices and shipped as soon as possible, so that you come back to us time and time again for all of your future Customized Devices needs.
FOR OUR PRIVACY POLICIES FOR OUR GOOD
CLIENTS, WE ARE THE UNIQUE EXCEPTION:
(1) WE NEVER DEPOSIT ON YOUR COMPUTERIZED DEVICE ANY COMPUTER COOKIE, SPYWARE, ADWARE, INFECTION, SPAM, KEYLOGGER OR MALWARE OF ANY KIND.
(2) WE NEVER INFECT OUR COMPUTER LINKS OR IMAGES, OR DO AN AUTOMATIC REDIRECT ON YOU TO AN INFECTED SITE, FILE OR IMAGE.
(3) WE NEVER BUY, SELL, TRADE, GIVE AWAY, DISTRIBUTE OR OTHERWISE DISCLOSE OUR MAILING LISTS.
(4) WE DON'T HAVE ANY 'GLOBAL PARTNERS.'
(5) WE ARE NOT AN AGENT FOR, A FRONT FOR, A STING OPERATION FOR, A SNITCH FOR, OR PARTNERS WITH ANY GOVERNMENT OR CORPORATE ENTITY, OR ANYONE YOU HAVE SPECIFICALLY TOLD US IS SUSPECTED OF DOING YOU HARM.
(6) WE NEVER VOLUNTARILY SHARE CLIENT PERSONAL INFORMATION WITH ANY GOVERNMENT OR CORPORATE ENTITY.
Almost all other commercial websites you visit on the Internet will secretly deposit on your computer cookies (usually tracking cookies), spyware, adware, keyloggers, viruses, worms, trojan horses, and/or other malware each time you visit them, and spam you thereafter, and then sell whatever information they can get on you to their international, 'global partners' and anyone else they want to. In addition, you risk with some other commercial websites of having your computer (further) infected if you click on one of their links or to enlarge one of their images, or provide you infected links or images, or automatically redirect you to an infected site, file or image. To the contrary, we respect the privacy and confidentiality of our Good Clients. NEVER DO SENSITIVE BUSINESS WITH ANYONE WHO WILL NOT PROMISE YOU IN WRITING AS A GOOD CLIENT ALL OF OUR PROMISES ABOVE - ELSE YOUR RISKS OF BEING COMPROMISED IS VERY HIGH.
THESE TERMS OF SERVICE ("POLICIES") ARE A LEGAL AGREEMENT BETWEEN YOU ("YOU", "YOUR", "CUSTOMER" OR "CLIENT") AND CONSUMERTRONICS ("WE", "US" OR "CONSUMERTRONICS"), THE OWNER AND OPERATOR OF THIS CONSUMERTRONICS WEBSITE ("SITE"). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THIS SITE, AND YOUR PURCHASE AND USES OF THE PRODUCTS AND SERVICES SOLD ON THIS SITE. BY ACCESSING AND USING THIS SITE OR BY CONTACTING US IN ANY WAY, YOU ARE INDICATING THAT YOU FULLY ACCEPT AND AGREE TO FULLY COMPLY WITH THIS AGREEMENT. IF YOU DO NOT FULLY ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THIS SITE OR PURCHASE OR USE PRODUCTS OR SERVICES LISTED OR DESCRIBED ON THIS SITE. If you have any questions, suggestions, concerns or complaints regarding policies on this site or any of our webpages of this site - even if it is just for some grammatical or spelling error - please freely contact us in writing. Our goal is to be fair, correct, complete and clear to both you and us.
NOTE: All commodities purchased from Consumertronics are to be handled in accordance with US law including but not limited to the Export Administration Regulations, (EAR); International Traffic in Arms Regulations; US Department of State; US Department of Homeland Security; US Department of Commerce and US Office of Foreign Assets Control. Diversion contrary to US law is prohibited.
NOTICE ABOUT ONLINE TAXES: The number of U.S. and foreign federal, state, county, local and other jurisdictions collecting Online taxes is expected to rapidly increase in the near future. Online taxes where now required are now substantial in some jurisdictions, and likely to increase. Therefore, whether or not your jurisdiction is now collecting Online taxes, this is the time to buy from us before these jurisdictions will require you to pay them or more for them. If and when you become liable to pay taxes for your Online purchases, it is totally your responsibility to contact your taxing jurisdiction(s) and timely pay all such taxes due of you. We are a small business, so we simply cannot keep track of the 1,000s of jurisdictions that may tax Online sales, so please do not ask us specific questions about your possible tax liabilities. We have posted this notice only because some jurisdictions now require such notices; we are against Online taxation, and we do not benefit even one dime from your taxes; so please do not blame us for Online taxes.
OPTING OUT OF ANY OF OUR POLICIES: You may opt-out of any of they policies described herein only under all of the following conditions: (i) You provide to us a clear, written Opt-Out Statement, in writing (email, or First Class USPS Mail), stating all of the policies stated herein that you wish to opt out of PRIOR to ordering, buying (ie: paying us for all or part of the price of an item) or submitting your SPAF to us; your Opt-Out Statement must come by itself and not as part-of or included with any other statement or paperwork. (ii) You then await for our written response both acknowledging our receipt of your Opt-Out Statement and our permission to you to proceed with your order, purchase and/or SPAF submission. (iii) Only after you receive our written response and permission, you then place your order, purchase and/or SPAF submission with us.
SEVERABILITY/WAIVER: ALL POLICIES FOUND
HEREIN ARE APPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW. IF A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THESE POLICIES
INVALID OR UNENFORCEABLE, THEN THOSE PARTS OF THE POLICY PROVISION NOT CHANGED
OR STUCK DOWN BY THE COURT'S DECISION WILL STILL BE ENFORCED TO THE FULL EXTENT
WHICH THE LAW PERMITS, ALONG WITH ALL OTHER POLICY PROVISIONS. OUR DECISION
TO NOT FULLY ENFORCE ANY POLICY PROVISION WILL NOT BE DEEMED AS A LEGAL PRECEDENT
NOR AS A WAIVER OF FUTURE ENFORCEMENT OF THAT OR ANY OTHER POLICY PROVISION.
ANY WAIVER , AMENDMENT, OR OTHER MODIFICATION OF ANY POLICY PROVISION WILL BE
EFFECTIVE ONLY IF IN WRITING BY CONSUMERTRONICS IF THERE IS ANY DISAGREEMENT
AS TO THE INTERPRETATION OF ANY POLICY PROVISION DESCRIBED HEREIN, ANY REASONABLE
INTERPRETATION BY CONSUMERTRONICS SHALL PREVAIL. CONSUMERTRONICS RESERVES ALL
RIGHTS NOT EXPRESSLY GRANTED HEREIN.
This policy webpage supersedes all earlier policy webpages. A new, changed or deleted policy (a "deleted" policy is a policy which appears in an earlier publication of our policies, but now no longer appears), description or estimated price goes into effect immediately upon publication of a webpage by us which describes it, and without prior notification or liability to us. A new, changed or deleted policy is never an admission that any relevant previous policy was in error or invalid. Descriptions, specifications, estimated costs, estimated completion times, Item quality and Item quantity which are in effect at the time of contract remain unaffected by the new, changed or deleted policy, unless both Client and us have agreed in writing to any change in them after the time of contract, or the new policy covers a subject not substantially covered in the earlier contract or policy or explains or gives examples for a subject already covered. The "time of contract" is when both you and we have received the acceptance of the contract by all parties to it, which may or may not relate to when a payment is made (see below), and extends to no later than when the contract is completed or expired, whichever comes first. A contract is "completed" 30 days after Client receives the Item and/or services explicitly stated in the contract and no repair requests, modification requests or complaints relevant to specific contract provisions are received during this 30 day period. A contract automatically becomes "expired" when we receive no contact from the Client about anything both directly relevant and substantial to the applicable contract provisions within the previous 30 days or within any applicable warranty period, whichever occurs earlier. If the contract becomes expired, and if the Client appeals to us, we will likely reinstate the contract period if we believe that the abandonment was justifiable (e.g. due to major illness, injury or other disaster), but we are under no obligation to do so. If a contract is amended, revised, updated or otherwise mutually agreed to be changed in writing, the "time of contract" then applies to the amended, revised, updated or changed contract and no longer to the prior contract version. Furthermore, if a new, changed or deleted policy does not both substantially and negatively (to the Client) change the Item contracted for (estimated price or completion or shipping time, or Item description or specifications, or quality or quantity of Item), our new, changed or deleted policy immediately applies (e.g. if a policy is changed to reflect a new address, then the new address applies even though the contract states the previous address). If you have an existing contract with us or you are in the process of contracting with us within the next 15 days and if you reasonably believe that you will be adversely affected by a new, changed or deleted policy, you have 15 days from the publication date of our new, changed or deleted policy to notify us about your objections to our new, changed or deleted policy in writing (specifically, explicitly, fully and accurately describe why the new, changed or deleted policy adversely impacts you) so that we may consider exempting you from our new, changed or deleted policy (we don't unreasonably refuse exemption requests; however, we assume no liability for not exempting you; if we provide exemption to you, it will be explicit, specific and in writing; all exemptions are on an individual basis only). After a new, changed or deleted policy has been published more than 15 days, it remains fully in effect, without exemptions we did not previously provide in writing, unless and until we again delete, change or reinstitute the policy by means of publishing.
OUR ONLINE AUCTION CLIENTS / CONTACTS ONLY: If any policy herein clearly conflicts with any explicit policy of the Online auction service (eg: eBay policies, Amazon.com policies, PayPal policies, etc.) you purchased or attempted to purchase our Item through, or inquired about our Item or us through or to, the policy of the Online auction service shall prevail for that specific Item or inquiry and limited to that specific Item and conflicting policy part (also see section below: "ONLINE AUCTION POLICIES"); all non-conflicting policies stated herein shall prevail.
ALL OFFERS ARE PROVIDED STRICTLY FOR LEGAL UTILITY, EDUCATIONAL AND-OR ENTERTAINMENT PURPOSES ONLY. NO ILLEGAL, UNETHICAL OR IMMORAL INTENTION, USE OR PURPOSE IS RECOMMENDED OR IMPLIED, AND PLEASE DO NOT CONTACT US FOR ANY ILLEGAL, UNETHICAL OR IMMORAL INTENTION, USE OR PURPOSE TOWARDS US OR ANY OF OUR PRODUCTS OR SERVICES. WE MAKE NO MEDICAL, LEGAL, SCIENTIFIC, ENGINEERING, PARANORMAL OR SUPERNATURAL CLAIMS, AND WE TAKE NO RESPONSIBILITY FOR ANYTHING WE PUBLISH IN ANY OF OUR PUBLICATIONS (INCLUDING BUT NOT LIMITED TO OUR BOOKS, MANUALS, WEBPAGES, OTHER ONLINE DESCRIPTIONS, SOFTWARE, CATALOGS, FLYERS, ADS AND PROMOTIONS). ALL ITEMS ARE SOLD AS BASICALLY DESCRIBED AND, UNLESS EXPLICITLY STATED TO THE CONTRARY, AS IS. DESCRIPTIONS OF OUR OFFERS ARE LIMITED TO OUR CATALOGS, ADS, WEBPAGES, OTHER ONLINE DESCRIPTIONS, ETC. ABOUT THEM; WE TAKE NO RESPONSIBILITY FOR THE ACCURACY OF ANY OTHER VERBAL OR WRITTEN DESCRIPTIONS OF THEM BY ANYONE. NO ILLEGAL OR UNETHICAL INTENTION, USE OR PURPOSE IS RECOMMENDED OR IMPLIED, AND DO NOT CONTACT US FOR ANY ILLEGAL OR UNETHICAL INTENTION, USE OR PURPOSE TOWARDS US, ANYBODY ELSE, ANY ANIMAL, OR ANY OF OUR HARDWARE OR SERVICES (some examples of devices we CANNOT provide are devices which illegally intercept or jam communications (including satellites and cellphones), interfere with licensed RF transmissions, cheat utility companies, jackpot casino equipment, perform any medical function or medically assistive function, are radioactive, make anything illegal or unethical, or retaliate against or otherwise injure a person, animal or property, including but not limited to hardware that is hazardous, contaminated, heavy or bulky for us). We shall assume that if you contact us for any hardware and/or services which are likely to be be illegal or unethical, you are just simply joking with us. As a small business, we simply cannot know all of the applicable laws and regulations of all of the 1,000s of national and international jurisdictions. Therefore, the Client assumes full and exclusive liability and responsibility that he/she can legally and ethically buy, have shipped to him/her, use, store, and resell or otherwise dispose of any hardware or service we provide him/her under our policies. We always intend to be 100% legal and ethical. If you believe that anything we describe, offer or sell or any of our policies is illegal or unethical in your jurisdiction, please email us with complete details and document your every assertion and we will seriously consider deleting or changing it. Again, never buy any hardware or service from us which you are reasonably certain is illegal or unethical in your jurisdiction. If you have any inquiries, other questions or concerns about anything we offer or sell or any of our policies which you have any interest in for any reason or purpose, you assume full liability and responsibility of providing them all and completely to us in writing by email or postal mail to us and having them fully addressed by us prior to taking any action relevant to our product, service or policy.
OUR CATALOGS (both Consumertronics and ABQ-Techzonics): We frequently update our FREE Online Catalog (i.e. our webpages), so please bookmark and visit them often. Some folks need an offline Catalog, which we also provide (see price in our Header above), but only in CDROM form, and only containing HTML-type files (with no or few image files). We do not have a printed Catalog anymore. Accessing our Online Catalog, our CDROM Catalog or any other form of our Catalog never transfers any proprietary rights to anyone. Also, our CDROM Catalog may be missing some or all of our images - all of the webpage texts should be there - because our images are stored on various medias and it is far too time-consuming to transfer all of our images of our constantly updated Catalog to CDROMs.
AS POLICY, WE NEVER RECOMMEND, ENDORSE OR REFER TO EITHER POSITIVELY OR NEGATIVELY ANY OTHER COMPANY OR PRODUCT OR SERVICE OF ANY OTHER COMPANY, EVEN IF IT IS LISTED OR HOTLINKED ON ANY OF OUR WEBPAGES. AND ANY SUCH EXPRESSED OPINION IS STRICTLY A PERSONAL LAY OPINION AND SOLELY OF AN ANECDOTAL NATURE.
This website supersedes all earlier versions of this website (whether online or hardcopy), and it becomes effective immediately upon its publication. Offer descriptions and policies which are in effect on the date and time of a purchase payment being made (as based on the postmark) are the effective descriptions and policies - even if the Client uses an older form. NO PROVISION FOUND HEREIN CAN BE WAIVED, MODIFIED, OR AMENDED EXCEPT BY EXPLICIT WRITTEN AGREEMENT BY CONSUMERTRONICS, AND THEN ONLY TO THE LIMITED EXTENT OF THIS AGREEMENT.
Since we have no control over how other dealers (see our main Online Catalog for our list of authorized dealers), WE ACCEPT NO RETURNS, REFUNDS, DISCOUNTS OR STORE CREDITS FOR ALL ORDERS NOT PLACED DIRECTLY WITH CONSUMERTRONICS. For example, if you order "Stopping Power Meters" through a bookstore, and you fail to pick it up, refuse it or return it for any reason, we will NOT refund or credit you or the bookstore. THIS LIMITED WARRANTY APPLIES TO ALL PERSONS EQUALLY, WHETHER PAID FOR BY CREDIT CARD OR BY DEBIT CARD (if we accept credit cards or we accept debit cards) OR NOT. If your returned order was paid for by credit card, do NOT chargeback the order unless we have not credited you within 30 days of our receipt of your return.
TO WHATEVER EXTENT WARRANTIES MAY APPLY, NO WARRANTY IS TRANSFERABLE. UNLESS SPECIFICALLY PROHIBITED BY LAW, CONSUMERTRONICS DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE FOR ALL ITEMS AND FOR ALL PARTS AND SUBSECTIONS OF ALL ITEMS; AND WE ASSUME NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, GENERAL, COMPENSATORY, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES REGARDLESS OF THE CAUSE AND WITHOUT LIMITATIONS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM DELAY, INCONVENIENCE OR LOSS OF USE) FOR ALL PRODUCTS, SERVICES AND CONTRACTS WE PROVIDE - EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO LIABILITY FOR CLAIMS AND REPRESENTATIONS MADE ABOUT HARDWARE WE SELL OR TRADE THAT CONSUMERTRONICS ITSELF DID NOT BOTH MANUFACTURE AND SELL AS FULLY FUNCTIONAL HARDWARE. DESCRIPTIONS OF PRODUCTS, SERVICES AND CONTRACTS ARE NOT WARRANTEES. THE MAXIMUM AMOUNT THAT CONSUMERTRONICS IS EVER LIABLE FOR IS 66.667% OF THE PRICE OF ANY SPECIAL PROJECTS SERVICE (e.g. research SP), 100% OF THE PRICE OF ANY BOOK OR MANUAL, 100% OF THE PRICE OF ANY HARDWARE ITEM SOLD AS A FUNCTIONAL DEVICE (0% of the price for any tape or software, and for any hardware item sold as non-functional, including all Special Projects, Salvage and Surplus hardware), AND 100% OF THE STATED DOLLAR AMOUNT(s) OF ANY CONTRACT, PAYABLE ONLY TO THE ORIGINAL PURCHASER. (Note: Some jurisdictions may not allow the exclusion or limitation of certain warrantees (e.g. implied warrantees) and/or liability for certain damages (e.g. consequential or incidental damages) even for individually handmade, experimental, customized and artistic items and services as is all of our CD devices and services, in all cases where exclusions or limitations are not fully permitted, these exclusions and limitations of our warrantees apply to the minimal extent possible as determined by a court of law of competent jurisdiction.)
BAD PAYMENTS; CLIENT DEBTS: THE CLIENT SHALL FULLY AND IMMEDIATELY REIMBURSE, INDEMNIFY AND HOLD HARMLESS ANY AND ALL DIRECT AND INDIRECT COSTS, LOSSES AND/OR FEES, INCLUDING BUT NOT LIMITED TO BAD PAYMENT AMOUNTS, BANKING FEES, COLLECTION AGENCY FEES, ATTORNEY FEES, LEGAL COSTS, AND INTEREST (1.5% per month) RESULTING TO CONSUMERTRONICS AND/OR TO ANYONE ASSOCIATED WITH IT CAUSED BY OR RESULTING FROM HIS/HER BAD PAYMENT (regardless of the cause of the bad payment). WE ASSUME NO LIABILITY FOR ANY CLIENT DEBTS WHETHER OR NOT ASSOCIATED WITH ANY TRANSACTION INVOLVING US DIRECTLY OR INDIRECTLY. IF A CLIENT OF OURS OWES YOU MONEY OR PROPERTY, WE ARE NOT RESPONSIBLE IN ANY WAY FOR PAYING OR RETURNING ANY PART OF IT OR HELPING YOU COLLECT IT, UNLESS WE ARE ORDERED TO BY A COURT OF COMPETENT JURISDICTION. IF A CLIENT OWES US MONEY AND/OR PROPERTY, AND REFUSES TO PAY US IN FULL WITHIN 30 DAYS OF A LETTER, EMAIL, PHONE CALL OR OTHER ATTEMPT WE MAKE TO NOTIFY HIM/HER, WE MAY CONFISCATE WHATEVER MONIES AND/OR PROPERTIES OF THE CLIENT WITHOUT LIABILITY TO US OR TO ANYONE ASSOCIATED WITH US (e.g. Our officers, employees, contractors, suppliers, etc.); WHICH FAIR VALUES WE WILL APPLY TOWARDS SATISFACTION OF THE DEBT PLUS ALL ADDITIONAL FEES, CHARGES AND COSTS ASSOCIATED WITH THE DEBT THE CLIENT OWES US. ALL OTHER LEGAL REMEDIES ALSO FULLY APPLY.
CONSUMERTRONICS ASSUMES THAT YOU HAVE THE FULL LEGAL RIGHT AND ALL REQUIRED LICENSING AND OTHER PERMISSIONS TO BUY, POSSESS, USE OR MODIFY ALL ITEMS YOU OBTAIN FROM US; IF PARENTAL- OR GUARDIAN-TYPE PERMISSION IS REQUIRED FOR ANY SUCH ACTION, OR TO ACCESS OUR WEBPAGES OR TO ORDER ANY OF OUR PRODUCTS OR SERVICES, PRIOR EXPLICIT PARENTAL OR LEGAL GUARDIAN PERMISSION IS REQUIRED. NOTE: Pursuant to Federal Law (COPPA) that protects the Online privacy of minors, IF YOU ARE UNDER AGE 13, YOU ARE PROHIBITED FROM ACCESSING ANY AND ALL WEBPAGES OF THIS WEBSITE. IF THE ORDER OR CONTRACT WAS PLACED USING FRAUD OR DECEIT, ALL WARRANTIES, IF ANY, ARE NULL AND VOID.
If an Item or Order is to be shipped to a New Mexico address, we must also add on NM's current Gross Receipts Tax.
IF THE ITEM OR ORDER WAS CANCELED FOR ANY REASON PRIOR TO SHIPMENT BUT AFTER IT WAS PACKAGED, A 10% RESTOCKING FEE ($5 MINIMUM) WILL BE CHARGED. EXCEPT FOR ALL SOFTWARE, ALL TAPES, AND ALL HARDWARE SOLD AS NON-FUNCTIONAL (no refunds or store credits are permitted for any of these types of items), IF THE ITEM IS RETURNED TO US IN THE CONDITION IT WAS SHIPPED IN WITHIN 15 DAYS OF YOUR RECEIPT OF THE ITEM, A 20% RESTOCKING FEE ($10 MINIMUM) PLUS OUR INCURRED S/H FOR SHIPPING ITEM TO YOU WILL BE CHARGED - UNLESS WE HAD CLEARLY SHIPPED CLIENT THE WRONG ITEM (in which case, there is no restocking fee and we pay return shipping for the same shipping amount Client paid us). HOWEVER, IF THE RETURNED ITEM IS RETURNED TO US CLEARLY USED OR IN A CLEARLY WORSE CONDITION THAN HOW WE SHIPPED IT, NO REFUND OF ANY KIND WILL BE MADE. AT OUR DISCRETION, AND WITHOUT LIABILITY TO US, WE MAY REQUIRE THAT OUR REFUND BE PARTIALLY OR TOTALLY IN THE FORM OF A "STORE CREDIT" WE PROVIDE TO THE CLIENT. The Client uses that store credit to purchase Items we sell based on our sales prices. If the resulting Item(s) costs more (cost-of-Item(s) + S/H) than 10% greater than the store credit amount (upto $10 maximum) (does not apply to store credits where the refund is not all or a fraction of the cost of an Item paid for), Client must promptly pay us the balance. Any credit amount remaining after 60 days from our issuance of the credit to the Client will be donated to a church or charity chosen by us.
ALL ORDERS ARE SHIPPED F.O.B. CONSUMERTRONICS. IF AN ITEM IS RETURNED BECAUSE IT WAS DAMAGED DURING SHIPMENT, YOU MUST FIRST REPORT THE DAMAGE TO THE SHIPPER AT THE TIME OF DELIVERY, THE DAMAGE MUST BE FULLY DOCUMENTED, AND BOTH THE ITEM AND ALL OF ITS ORIGINAL PACKAGING MUST BE RETURNED TO US BEFORE A REPLACEMENT CAN BE SHIPPED (Note: Items damaged in shipment are replaced, and not refunded or credited unless no replacement is available).
WE WILL MAKE OUR BEST REASONABLE EFFORTS TO REPAIR OR REPLACE AN ITEM IF IT ARRIVES DAMAGED THROUGH NO FAULT OF THE SHIPPER OR YOU (if it is not sold as non-functional hardware or described as being sold "as is", and excludes all damage disclosed in the Item's description). IF WE CANNOT REPAIR OR REPLACE THE ITEM WITH ONE THAT WILL WORK AS PER WHAT THE FINAL DESIGN CAN PRACTICALLY DO (based on our explicit claims about it) WITHIN 30 DAYS OF OUR RECEIPT OF IT HERE, WE WILL REFUND 100% OR STORE CREDIT 110% OF YOUR PAYMENT FOR IT IF NO EXCEPTIONS TO WARRANTY DESCRIBED BELOW APPLY.
THE MAXIMUM TOTAL LIFETIME REFUND PER PERSON IS ONE REFUND AND $500 FOR FUNCTIONAL HARDWARE, AND $100 PER PERSON FOR ALL OTHER ITEMS AND CONTRACTS (and insurance proceeds, if any, are first deducted). FOR ALL RETURNED ITEMS, YOU MUST ALSO PROVIDE A WRITTEN, SIGNED AND DATED STATEMENT IN WHICH YOU CLEARLY STATE THAT YOU HAVE NEITHER BENEFITED FROM THE ITEM NOR SHARED IT WITH ANYONE ELSE. In addition, if the returned item is a copyrighted by Consumertronics, refund or store credit will be made only after you sign and date a statement clearly stating that you have not copied or distributed the item in any manner or to any extent. CONSUMERTRONICS OFFERS NO OTHER MONEY-BACK GUARANTEE FOR ANY ITEM OR CONTRACT. As a mail-order manufacturer or supplier, we usually do not know nor do we have any control over the uses a customer will subject an item to or the environments it is used in, and the experience of our people has shown us that there are great variations in such uses and environments.
WE RESERVE THE RIGHT TO REFUSE ANY FORM OF PAYMENT WITHOUT LIABILITY TO US. FURTHERMORE, WE NEVER SHIP PRIOR TO OUR RECEIPT AND OUR SATISFACTORY CLEARANCE OF FULL PAYMENT FOR THE ORDER, AND WITHOUT LIABILITY TO US. FURTHERMORE, SINCE NEW SCAMS CAN AND DO SUDDENLY OCCUR, WE RESERVE THE RIGHT TO TAKE WHATEVER REASONABLE ACTIONS WE DECIDE AT ANY TIME TO PROTECT OURSELVES WITHOUT PRIOR NOTIFICATION OR LIABILITY TO US - EVEN IF WE DO SO IN ERROR - INCLUDING BUT NOT LIMITED TO OUR RIGHT TO NOT BELIEVE YOU, TO RESPOND TO YOU, AND/OR TO TAKE ACTIONS WITHOUT ANY LIABILITY TO US (our responses and actions to you may consist of acting, role-playing, game-playing and/or tongue-in-cheek responses and actions to humor you or to ferret out exactly what your scam is and the real reason(s) you targeted us). Some scams now take the form of fraudulent MTS, PayPal, Postal MO, bank-type, etc. payments in which spoofed emails or website URLs for these forms of payments are sent to the merchant as "proof" that payment has been made or is on its way. Sometimes, this "proof" is then followed by a worthless check or MO. There is also a myriad of other scams, including overpayment and commission scams, pyramid scams, check processing scams, dealership scams, phishing scams, etc. All payments must be made exactly to "CONSUMERTRONICS", there must be no damage (e.g. tears, cuts, smearing, staining, spindling, folding, wrinkling, etc.), unreadability, lack of a valid buyer signature, date or amount, use of a pencil or an ink not acceptable to banks, or errors or corrections made to your form or amount of payment, or counterfeit or forged payment, or delayed or stopped payment action, or refusal or failure to comply with any of our payment policies, or any other defect in your payment which results in or can result in payment rejection, payment cancellation, stopped payment, payment reversal, payment clearance which exceeds 30 days, extra payment processing fees, or any other payment failure, payment clearance uncertainty or risk, or any other serious breach of contract. The Client must also be sure to pay the correct amount for his/her purchase (as we take 90-181 days from deposit date to refund or credit overpayments, and we never ship for underpayments, uncleared payments, uncertain or suspicious payments, or contradictory payment amounts; 181 days applies to PayPal). The making of any of these mistakes may result in storage fees, interest on any unpaid balance (1.5% per month), delay or cancellation of any CD project by us, disposal of the project by us, loss of non-refundable 1/3rd downpayment for partially completed CD projects, loss of the entire CD project amount for successfully completed CD projects, revocation of good Client status with us, and/or possible collection or legal action by us against the Client - all at no liability to us.
BOUNCED PAYMENT, STOPPED PAYMENT & REFUSED PAYMENT SITUATIONS: In cases where the Client has stopped payment on his/her check or money order or otherwise knows or should know that his/her payment has or will bounce, the Client is fully responsible for informing us in writing (e.g. email) within 4 hours of taking any such action or information availability. A bounced or refused payment action never relieves the Client from his/her contractual obligation to promptly pay for the Item in full, but is in fact a breach of contract-type action. Therefore, a bounced or refused payment action is never considered to be a permitted CD project cancellation or refund type action. Stop payments can take months to be implemented by banks and sometimes a bank will take no action at all which means that the payment does not bounce and is good. Once a stop payment action is taken, it can take months to determine whether or not the payment actually bounces. If the Client causes a stop payment action or any other action which we believe can adversely affect payment clearance or result in payment delay or cancellation, we reserve the right to ship the Item 90-181 days from deposit date without liability to us (if the payment has not bounced by then and the Client has not provided us a valid PMO or MTS replacement payment 181 days applies to PayPal). WE STRONGLY ADVISE THAT YOU DO NOT DO A STOP PAYMENT ON US FOR ANY REASON because we won't ship until and unless we are satisfied that your full payment has cleared, and it will take us up to 181 days to refund any double payment you made. And we will neither ship an Item nor cancel a purchase based on a bounced, stopped, cancelled or refused payment. If the Client takes a stop payment action or his/her payment bounces for any other reason or he/she refuses to pay, then it is the Client's legal obligation to promptly pay in full for his/her contracted-for Item (plus 20% of the Item amount ($50 minimum) as processing fee, plus all bad payment fees and charges we pay because of the bad payment, plus all storage fees that may result due to any delay in getting the Item to the Client, plus all accrued interest charges) using a valid PMO or MTS payment within 10 days of a bounced or refused payment action date or the Client is otherwise in breach of contract (in which case storage fees, interest on any unpaid balance (1.5% per month), delay or cancellation of the purchase by us, disposal of the project by us, revocation of good Client status with us, and/or possible collection or legal action by us against the Client may result - all at no liability to us). If the Client makes a valid PMO or MTS replacement payment, normal Item and shipping scheduling automatically resumes from that point. In cases where the Client did a bounced or refused payment action and then paid in full within 10 days using a valid PMO or MTS payment, and any stop payment action is not implemented by the bank (i.e. payment is good), we will refund the Client his/her overpayment in 90-181 days from deposit date. We will refund earlier should we receive a verified written statement from the Client's bank official clearly stating that the stop payment order was irrevocably cancelled and our Client's check or MO totally cleared with his/her bank.
We realize that orders do occasionally
get lost in the mails. While we try as hard as we reasonably can to serve you
fast, accurately and completely, we once in a while make mistakes. While we
rarely have problems completely, accurately and quickly filling and shipping
orders, Items that we were certain that we had in excellent condition can unknown
to us be lost, damaged, stolen, mislaid or misfiled, making it impossible for
us to ship the Item or to ship the Item as described. See MISCELLANEOUS POLICIES
below for approximate delivery times from the day we receive your order); if
you have not received your order, please do no contact us about your order until
after the maximum applicable delivery time has elapsed. IF YOU CLAIM THAT YOUR
ORDER (or any part of it) IS MISSING OR WAS NOT SHIPPED, OR WE SHIPPED YOU THE
WRONG ORDER, YOU MUST PROVIDE US WITHIN 30 DAYS OF WHEN YOU SHOULD HAVE RECEIVED
YOUR ORDER (based on these policies), IN WRITING (by email, mail, and even if
you had previously called us), SIGNED AND DATED BY YOU, YOUR ACCURATE AND COMPLETE
NAME, SHIPPING ADDRESS, WHAT YOU ORDERED, HOW YOU PAID, YOUR TOTAL PAYMENT (must
include all required Item prices, S/H, permitted discounts, any applicable sales-type
tax), ANY PROOF THAT YOU HAVE THAT WE RECEIVED YOUR PAYMENT AND WHEN WE RECEIVED
IT, A LIST OF ALL ITEMS (if any) YOU DID RECEIVE FROM US (e.g. partial order,
wrong order), AND THE HISTORY OF YOUR ORDER (including all phone calls and writings
about it). This is to protect both of us and to minimize delays and mistakes.
IF WE SENT YOU THE WRONG ORDER OR ITEMS, YOU MUST ALSO RETURN IT ALL TO US WITHIN
15 DAYS OF ITS RECEIPT IN THE RECEIVED CONDITION, OR YOU WILL BE CHARGED FOR
THE WRONG ORDER (we will reimburse you for all return shipping on wrong orders
When refunds are made, they are limited in their maximum amount refunded to what the Client has paid us for the device or service, less all S/H, and Item dirtyness, damages, missing parts and accessories, and other losses to the Item not caused by us. Refunds apply only to returned Items, and only after we have made reasonable attempts to repair or replace the Item. Discounts, refunds and store credits do not apply under these cases: (1) S/H, except S/H discount fully applies when Items are paid for at the same time, and shipped together in the same package to the same address. (2) One or more of the multiple Items requires modifications beyond what our webpage Item Description explicitly describes, or modifications attempted but not provided by us or anyone else we explicitly prior approved of in writing. (3) Any repair or repair attempt to an Item by us or by anyone else, whether or not succcessful. (4) Any Item we were unable to provide for any reason within the period of time that the discount, refund or store credit applied. (5) Where payment or any part of payment for any of the Items is not valid. (6) Any Item mentioned on our webpages in which we do not provide a Description for it with pricing of it on any of our webpages but we obtain the Item for the Client anyway, such as a special order Item. (7) Any Item not mentioned on our webpages but we obtain the Item for the Client anyway, such as a special order Item. (8) Any other special order Item or specially made Item, specially obtained Item, or unique Item.
THIS WEBSITE (which includes all webpages under any of its domain names, texts, images and programming code) IS CONTROLLED AND OPERATED SOLELY BY CONSUMERTRONICS OF ALBUQUERQUE, NM, USA. WE MAKE NO REPRESENTATION THAT THIS WEBSITE, ITS MATERIALS, ANY OF OUR OTHER PROMOTIONS OR PUBLICATIONS, OR ANY OF OUR PRODUCTS OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE ANYWHERE INSIDE OR OUTSIDE OF THE UNITED STATES, AND ACCESS TO THIS WEBSITE OR TO ANY OTHER PROMOTION, OTHER PUBLICATION, MATERIALS, PRODUCTS OR SERVICES FROM PLACES WHERE THEY ARE ILLEGAL IS STRICTLY PROHIBITED. THOSE WHO CHOOSE TO ACCESS A CONSUMERTRONICS WEBPAGE, PROMOTION, PUBLICATION, MATERIALS OR ANY OF OUR PRODUCTS OR SERVICES FROM PLACES INSIDE OR OUTSIDE OF THE UNITED STATES WHERE THEY ARE ILLEGAL DO SO OF THEIR OWN VOLITION AND ARE TOTALLY AND SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. CERTAIN TYPES OF SP SERVICES MAY REQUIRE A GOVERNMENT AND/OR CORPORATE (e.g. utility company) LICENSE, PERMIT OR OTHER APPROVAL TO LEGALLY BUY, POSSESS, USE, MODIFY, STORE OR SELL (e.g. some RF transmitters require FCC approval). CLIENT ASSUMES ALL RESPONSIBILITY FOR MEETING ALL LICENSING, PERMIT, OTHER APPROVAL AND ALL OTHER LEGAL REQUIREMENTS OF YOUR JURISDICTION AND WHEN THEY ARE FIRST REQUIRED FOR ANY ITEM WE MAY PROVIDE CLIENT. Certain laws forbid that some products cannot be shipped to certain destinations or exported to certain foreign countries without prior Government approval. If any product we sell falls under any shipment restrictive laws, we cannot ship to where the law forbids us to ship. The Client assumes full responsibility of determining the legality of export, receipt, use and possession of these products and will take all appropriate and necessary steps at their own expense for these products. The Client also assumes full responsibility for any attempt to contract with us for a product we cannot legally provide to him/her, and we assume no liability for obeying any legal restrictions we have or encounter that forbid us to ship anything to anybody and/or to anywhere for any reason. In all such cases where we have successfully completed and tested the device, no refund is due. And in all such cases where we unknowingly made such a shipment, the Client assumes full liability for all consequences which results. Unless specifically authorized by us, all parts and subsystems we sell are not authorized for any system or application which requires special or enhanced quality and reliability characteristics, nor in any system or application where the failure of such system or application may result in loss or damage to property, or death or injury to any living thing. We assume no responsibility for any infringement of a third party's right which may result from the use of a product or service we sell, nor can we or do we provide any license for or indemnity against the intellectual or property rights of any third parties. We assume no responsibility or liability for any failure or unusual or unexpected operation resulting from misuse, abuse, neglect, improper installation, improper operation, improper handling, improper storage, repair, alteration, upgrade, accident, Act of God, criminal activity, tortious activity, breach of contract activity, or unusual physical or electrical stress including, but not limited to, exposure to parameters beyond the specified maximum ratings or operation outside the specified operating range or activity.
THE AVAILABILITY AND PRICES OF ANY ITEM WE OFFER IS NOT GUARANTEED IN ANY ADVERTISED QUANTITY. ESPECIALLY WHEN IT COMES TO HARDWARE ITEMS WE OFFER, ALWAYS VERIFY BOTH AVAILABILITY AND PRICE PRIOR TO PAYING FOR ITEM. IF WE HAVE TO REFUND YOUR MONEY BECAUSE YOU PAID FOR HARDWARE WITHOUT FIRST VERIFYING BOTH ITS AVAILABILITY AND PRICE, WE RESERVE THE RIGHT TO CHARGE YOU A FEE, AND FURTHERMORE, REFUNDING YOUR MONEY IS BASED STRICTLY ON OUR SCHEDULING, AND SUCH REFUNDS MAY TAKE DAYS, WEEKS AND EVEN MONTHS TO DO IF THERE IS AN ISSUE OF PAYMENT CLEARANCE (e.g. payment by check, non-Postal MO, etc.) OR OTHER DISPUTES. IF THE TOTAL AVAILABLE QUANTITY OF AN ITEM IS NOT INCLUDED IN ITS DESCRIPTION, THEN THE ASSUMED QUANTITY IS THE MINIMUM QUANTITY WE BELIEVE IS REQUIRED TO FILL ONE ORDER. While we sell 1,000+ different Items and have on stock 1,000,000+ inventory items, we are a small business with few workers to keep our prices low, so it is impossible for us to verify availabilities and fair prices on a daily basis. You may of course email us at any time to inquire about available quantities and prices. Note: While we will certainly do our best to fill an order for the ordered quantity, quality and price, if we claim an item we no longer have for sale in the claimed quantity, quality and/or price, or if for any reason we cannot find the ordered quantity in good condition (e.g. some pieces are missing or damaged or we just simply ran out), we will try to ship the quantity of acceptable quality pieces we have available based on the actual price, and refund you on a prorated basis for any quantity of the Item we are unable to ship. When it comes to prices, we always try to be fair to both our Clients and ourselves. To stay in business, we must make a small-to-modest profit on sales. When we can, we usually buy in quantity. While many Items we sell within days, weeks or a few months after we buy them, there are some Items that take many months and even years to sell. The value and availability of any Item can change drastically even in short periods - usually going down in value, in which case, we will adjust the actual price down (and sometimes up) so that we are fair to both our Clients and us. Our posted prices when compared to actual current value may be too high or even too low for any Item, and we are willing to negotiate even fair prices (especially for quantity orders and repeat Clients). Please always inquire about prices and availabilities before purchases. If we are unable to ship the ordered and paid-for-in-full quantity, we will do a partial shipment and refund based on a proration of your order we cannot fulfill (if no items are available, we will refund you 100%), plus the appropriate S/H for the quantity we can ship. You may opt for a refund of the missing components or a backorder for them (we cannot guarantee that we can backorder any item).
ALL REFUNDS MUST COME DIRECTLY FROM CONSUMERTRONICS BASED ON ITS POLICIES. By buying from us any type of item or service, you automatically fully agree to our policies without qualifications or reservations. If we have to make a refund under our policies where the customer has failed to first inquire about the availability or price of items in writing, we charge a fee of 10% of the amount the buyer paid us or $50, whichever is greater. THIS FEE APPLIES ONLY TO AN ORDER OR PARTS OF AN ORDER WE CANNOT FULFILL IN WHICH THE CLIENT DID NOT ASK US IN WRITING ABOUT AVAILABILITY AND PRICE BEFORE PAYING FOR THE ITEM(S). Our interest rate is 1.8% per month on any unpaid balance of this fee
MANY OF THE DEVICES WE SELL THROUGH CONSUMERTRONICS (including through Techzonics and eBay) ARE UNIQUE DEVICES. WHILE MANY OTHER DEVICES WE SELL ARE NOT UNIQUE, THEY ARE NOT MASS-PRODUCED DEVICES FROM ONE BIG LOT. SOME ARE HAND-CRAFTED OR CUSTOMIZED DEVICES. SOME WHICH ARE MASS-PRODUCED COME IN LOTS FROM DIFFERENT DISTRIBUTORS. SOME ARE PRODUCED AT DIFFERENT TIMES. THEREFORE, THE DESCRIPTIONS AND IMAGES WE PROVIDE FOR THE DEVICES AND THEIR ACCESSORIES (if any) WE SELL, WHILE GENERALLY DESCRIPTIVE OF THE DEVICES AND THEIR ACCESSORIES, MAY NOT BE ACCURATE COSMETICALLY AND/OR FUNCTIONALLY FOR ANY PARTICULAR DEVICE WE SELL WHICH WAS MASS-PRODUCED, HAND-CRAFTED OR CUSTOMIZED. In most cases, variations, if any, will be minor, such as device or accessory labeling, color, shape or size, or device or accessory make/model (e.g. mike, cabling) because the described and/or pictured device or accessory has been replaced by a better one and/or the original one is not longer available and can no longer be found by us. MOST DEVICES WE SELL ARE NEW DEVICES NOT SEALED IN THEIR ORIGINAL PACKAGES AND USED DEVICES, AND SUCH DEVICES SOMETIMES DO NOT COME WITH USER MANUALS AND MAY ALSO LACK ONE OR MORE ACCESSORY. IF NO USER MANUAL AND/OR USUAL ACCESSORY IS DESCRIBED OR SHOWN IN THE IMAGE, DO NOT ASSUME THAT IT/THEY WILL COME WITH THE DEVICE. If you have any questions regarding User Manuals and/or "missing" accessories, email us before purchasing, as often we can find them or find a good replacement for them. Any and all such device and accessory variations and/or omissions under this paragraph are not grounds for any refund, modification or replacement, nor do we assume any liability for any of these variations and omissions..
AT OUR DISCRETION AND WITHOUT LIABILITY TO US, WE MAY REQUIRE THAT A CLIENT'S REFUND BE PARTIALLY OR TOTALLY IN THE FORM OF A CREDIT WE PROVIDE TO THE CLIENT. We normally invoke this if a refund is justifiable for the Client (eg: we made some serious mistake or omission in a product or service we provided to the Client and the Client either refused to let us repair or replace the product or service totally at our cost, or we are unable to repair or replace the product or service with one that fits or description of it). The Client uses that credit to contract with us for additional current or future purchases from us, based on their resulting costs. If the resulting costs more (product or service + S/H) than 10% greater than the credit amount, Client must promptly pay us the balance. Any credit amount remaining after 60 days from our issuance of the credit to the Client will be donated to us for our research or to a church or charity chosen by us.
If a part, accessory, feature or function item is missing or damaged, and we cannot repair or replace that item within 30 days of we receiving the returned device, and you are qualified for a refund based on that item (ie: missing or damaged prior to shipping), your refund is proportionally limited to the value of that item. For example, our description describes or implies 10 approximately equal value functions and features, and one function and one feature are missing, you may be entitled to a 20% refund at most of your 2/3rds balance you paid for the product.
TO THE EXTENT NOT EXPLICITLY PROHIBITED BY LAW (including by a court of law with competent jurisdiction), YOU FULLY AND FOREVER WAIVE, FOREGO, NULLIFY AND ABANDON ALL OTHER FORMS OF LEGAL REMEDY THAN WHAT IS EXPLICITLY DESCRIBED AND PERMITTED HEREIN. ALL REFUNDS MUST COME DIRECTLY FROM LONE STAR CONSULTING, INC., AND ARE BASED ON ITS POLICIES. By contacting us or buying from us any type of item or service, you automatically fully agree to all of our policies stated herein, including but not limited to all of our policies relevant to returns, refunds and warrantees, without qualifications or reservations.
WE ARE NOT LICENSED LEGAL OR MEDICAL PROFESSIONALS. WE CANNOT AND DO NOT PROVIDE YOU LEGAL OR MEDICAL ADVICE OR LEGAL OR MEDICAL OPINION, OR MAKE A LEGAL OR MEDICAL JUDGMENT FOR ANY CLIENT, OR APPLY FOR OR FILL OUT ANY LEGAL OR MEDICAL FORMS FOR ANY CLIENT (e.g. FCC license application). FURTHERMORE, WE CANNOT MAKE OR PROVIDE ANY MEDICAL DEVICE (we do not make or provide any device to treat, cure, diagnose or prevent any medical condition; these restrictions also fully and strictly apply to the placement and/or removal of implants, and to invasive and skin-contact electrodes, and to any medically-assistive device), OR ANY MEDICAL, LEGAL, SCIENTIFIC, PROFESSIONAL ENGINEERING OR PARANORMAL CLAIM. While our people have decades of electronic design and fabrication, research, development and experimentation experience - especially in energy, mind control, electronic attack, high-tech security and survival, ultrasonics and microwaves - all of our opinions, advices and claims are strictly lay and anecdotal opinions, advices and claims. No statement of any kind is to be misinterpreted as any kind of claim by Consumertronics or by any officer or employee of it unless the term, "claim" is actually used in conjunction with and in the actual relevant claim statement - Consumertronics makes no implied claims, nor any claims based on anecdotal or limited example accounts, nor any claims which require licensing or credentials it does not possess. No statement or equipment that Consumertronics provides has been evaluated by any governmental, regulatory, commercial or industrial entity.
CHOICE OF LAW, UNLESS OTHERWISE AGREED UPON IN WRITING: THIS AGREEMENT SHALL BE CONSIDERED AS HAVING BEEN EXCLUSIVELY ENTERED INTO THE CONSUMERTRONICS HEADQUARTERS JURISDICTION, WHICH IS CURRENTLY ALBUQUERQUE (ABQ), NEW MEXICO (NM)* AND SHALL BE STRICTLY CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE SUBSTANTIVE AND PROCEDURAL LAWS OF THE STATE OF NEW MEXICO. ALL PERSONAL JURISDICTION, SUBJECT MATTER JURISDICTION AND VENUE IN ALL MATTERS AND REGARDLESS OF CAUSES OF ACTION RESIDE SOLELY AND EXCLUSIVELY IN ABQ, NM. ALL UNRESOLVED DISPUTES BETWEEN US AND A VISITOR MUST BE SUBMITTED IN ABQ, NM, SHALL BE ADJUDICATED IN THE ENGLISH LANGUAGE ONLY, AND ARE LIMITED TO THE SCOPE OF THESE POLICIES. THIS AGREEMENT SHALL BE GOVERNED EXCLUSIVELY BY NEW MEXICO'S SUBSTANTIVE AND PROCEDURAL LAW**, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW, REGULATION OR RULE (REGARDLESS OF JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN ABQ, NM. ONLY THE TERMS AND CONDITIONS FOUND HEREIN APPLY - REGARDLESS OF WHERE THE VISITOR IS FROM, CONTACT IS MADE, OR ALLEGED CAUSE OF ACTION OCCURRED. ALL OTHER LEGAL, ADMINISTRATIVE AND REGULATORY ACTIONS AGAINST US BY A VISITOR ARE PROHIBITED WITHIN THE FULL EXTENT OF WHAT THE LAW ALLOWS. *HOWEVER, IF ANY LONE STAR CONSULTING, INC. OFFICER, EMPLOYEE OR CONTRACTOR IS NAMED AS A DEFENDANT OR WITNESS, OR DUE TO PANDEMIC, WAR, OTHER NATURAL OR MANMADE DISASTER, OR ANY OTHER ADVERSE CONDITION OR SITUATION HAS OCCURRED, IS OCCURING OR WILL SOON OCCUR WHERE IT IS NOT REASONABLY POSSIBLE FOR ALL OF OUR OFFICERS TO ATTEND IN ABQ, NM, THEN ALL COURT-, ARBITRATOR- AND REGULATORY-RELATED REFERENCES IN OUR POLICIES TO ABQ AND NEW MEXICO SHALL BE CONVERTED TO ALBUQUERQUE AND NEW MEXICO (NM), RESPECTIVELY, AND THAT THE VENUE, JURISDICTION, CHOICE OF LAW AND ALL OTHER LEGAL-, REGULATORY- OR ARBITRATION-RELATED FACTORS DESCRIBED ON OUR PERSONAL POLICIES (PERSONAL-POLICIES.HTM) WEBPAGE FULLY APPLY. **REGARDLESS OF THE CHOICE OF LAW APPLIED, IF ANY PARTY IS FROM A DIFFERENT STATE OR COUNTRY FROM US, WHICH HAS DIFFERENT RELEVANT STATUTES OF LIMITATIONS, THEN THE SHORTEST STATUTE OF LIMITATIONS OF ALL OF THE JURISDICTIONS OF ALL OF THE PARTIES FULLY APPLIES.
ALL UNRESOLVED DISPUTES BETWEEN CONSUMERTRONICS AND A CLIENT MUST FIRST BE SUBMITTED TO FINAL AND BINDING ARBITRATION (AND NOT BY A COURT OR JURY) IN ALBUQUERQUE, NM, AND NO LONGER THAN 90 DAYS FROM RECEIPT OF THE SP SERVICE OR ITEM, SHALL BE ARBITRATED IN THE ENGLISH LANGUAGE ONLY, AND ARE LIMITED TO THE SCOPE OF THESE POLICIES. EACH PARTY IS RESPONSIBLE FOR ALL OF ITS OWN COSTS RELATED DIRECTLY OR INDIRECTLY TO ALL ARBITRATION PROCESSES, INCLUDING BUT NOT LIMITED TO HALF OF ALL ARBITRATION FEES (much or all of which are paid for up front but can be rewarded back by the arbitration decision). THIS AGREEMENT SHALL BE GOVERNED EXCLUSIVELY BY NEW MEXICO LAW, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW PROVISION OR RULE (REGARDLESS OF JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN ALBUQUERQUE, NM. ONLY THE TERMS AND CONDITIONS FOUND HEREIN APPLY - REGARDLESS OF WHERE/HOW YOU LEARN OF OUR OFFERS OR WHERE/HOW YOU OBTAINED OUR SP SERVICE OR ITEM OR INQUIRED ABOUT OUR PRODUCTS/SERVICES/BUSINESS (i.e. same policies apply whether you purchase directly from us or from any other source). THE COMPLAINER ASSUMES THE FULL RESPONSIBILITY TO CONTACT A CREDIBLE, PROFESSIONAL ARBITRATION SERVICE IN ALBUQUERQUE, NM, TO SCHEDULE THE ARBITRATION AND TO INFORM THE OTHER PARTY IN WRITING OF ALL ARBITRATION PREFERENCES AND SCHEDULING WITHIN 48 HOURS OF THEY HAVING BEEN MADE - ALL AT THE COMPLAINER'S EXPENSE AND ANY OF WHICH THE OTHER PARTY MAY OBJECT TO FOR GOOD CAUSE WITHIN 10 DAYS. THE COMPLAINER MAY NOT SCHEDULE WITH AN ARBITRATOR OR ARBITRATION COMPANY OF WHICH RESULTS IN A CONFLICT OF INTEREST OR EVEN A PERCEIVED CONFLICT OF INTEREST. IF AN UNRESOLVED DISPUTE HAS NOT BEEN SCHEDULED FOR BINDING ARBITRATION WITHIN 90 DAYS FROM RECEIPT OF THE PRODUCT OR SERVICE OR IF WE MAKE YOU A SETTLEMENT OFFER IN WRITING AND YOU FAIL TO SPECIFICALLY RESPOND TO IT LIKEWISE WITHIN 30 DAYS, YOU AGREE TO IMMEDIATELY DISMISS AND FOREVER CEASE AND FOREGO ALL CURRENT AND POSSIBLE FUTURE COMPLAINTS AND LEGAL ACTIONS TO ANYONE AND EVERYONE REGARDING THE PRODUCT OR SERVICE. NO OTHER WARRANTIES OR REPRESENTATIONS APPLY, EXPRESSED OR IMPLIED, EXCEPT THOSE EXPLICITLY STATED UNDER THESE POLICIES. A CLIENT MAY FILE A LAWSUIT (in Albuquerque, NM only) AGAINST CONSUMERTRONICS, INC. IF AND ONLY IF CONSUMERTRONICS DOES NOT REASONABLY ENGAGE IN TIMELY BINDING ARBITRATION IN ALBUQUERQUE, NM. CONSUMERTRONICS MAY FILE A LAWSUIT AGAINST A CLIENT (in Albuquerque, NM only) IF AND ONLY IF THE CLIENT DOES NOT REASONABLY ENGAGE IN TIMELY BINDING ARBITRATION IN ALBUQUERQUE, NM.
IF CONSUMERTRONICS OR ANY OF OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LESSORS, SUPPLIERS, SERVANTS, SERVICE PROVIDERS, DISTRIBUTORS, CONTRACTORS, PREDECESSORS, SUCCESSORS OR ASSIGNS INCUR OR BECOME A PART OF ANY LEGAL, REGULATORY OR ADMINISTRATIVE CLAIM, DISPUTE, ACTION, PROCEEDING, OR LAWSUIT (see above where lawsuit is not permitted) BECAUSE OF YOUR BUSINESS OR OTHER RELATIONSHIP WITH ANY OF THEM, OR IF YOU HAVE MADE ANY FALSE, DECEPTIVE OR MISLEADING STATEMENT, YOU SHALL PERSONALLY, TOTALLY AND IMMEDIATELY INDEMNIFY, DEFEND, AND HOLD FREE AND HARMLESS CONSUMERTRONICS AND ALL OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LESSORS, SUPPLIERS, SERVANTS, SERVICE PROVIDERS, DISTRIBUTORS, CONTRACTORS, PREDECESSORS, SUCCESSORS AND ASSIGNS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, LAWSUITS, JUDGMENTS, DECREES, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS, AND-OR EXPENSES, IF ANY (including but not limited to all reasonable attorneys's fees and litigation expenses), WHICH DIRECTLY OR INDIRECTLY RESULT. FURTHERMORE, YOU SHALL PERSONALLY, TOTALLY AND IMMEDIATELY INDEMNIFY, DEFEND, AND HOLD CONSUMERTRONICS AND ALL OF OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LESSORS, SUPPLIERS, SERVANTS, SERVICE PROVIDERS, DISTRIBUTORS, CONTRACTORS, PREDECESSORS, SUCCESSORS AND ASSIGNS FREE AND HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, LAWSUITS, JUDGMENTS, DECREES, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES, IF ANY (including but not limited to all reasonable attorneys' fees and litigation expenses), ARISING IN ANY PART OUT OF YOUR NEGLIGENT, DISHONEST, TORTIOUS, BREACH-OF-CONTRACT AND/OR ILLEGAL ACTS OR IN ANY WAY CAUSED BY YOU OR BY ANY OF YOUR EMPLOYERS, EMPLOYEES, AGENTS, ClientS. THIS INCLUDES, BUT IS NOT LIMITED TO, ALL CLAIMS, DISPUTES, ACTIONS, PROCEEDINGS, AND LAWSUITS ARISING OUT OF ANY USE, MISUSE OR ABUSE BY YOU OR BY ANY OF YOUR EMPLOYERS, EMPLOYEES, AGENTS, ClientS, IF ANY, OF ANY CONSUMERTRONICS'S PRODUCTS OR SERVICES, OR CAUSED BY THE VIOLATION OF ANY LAWFUL STATUTE, REGULATION OR JUDGEMENT BY A COURT OF COMPETENT JURISDICTION, OR CAUSED BY ANY UNAUTHORIZED OR IMPROPER ACT WHICH INJURES ANY OF US.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW BY A COURT OF COMPETENT JURISDICTION, YOU SHALL NOT INITIATE OR FILE ANY LEGAL, REGULATORY OR ADMINISTRATIVE CLAIMS OR PROCEEDINGS AGAINST US WITHOUT FIRST NOTIFYING US A MINIMUM OF 60 DAYS PRIOR TO FORMALLY INITIATING OR FILING ANY SUCH CLAIM OR PROCEEDING, BY CERTIFIED OR REGISTERED MAIL A FORMAL LEGAL DEMAND LETTER ("Legal Demand Letter" must be printed on outside of envelope). YOUR LEGAL DEMAND LETTER MUST CLEARLY, ACCURATELY AND COMPLETELY SPECIFY THE ENTIRE HISTORY OF OUR RELATIONSHIP, THE FULL DESCRIPTION OF YOUR PLANNED COMPLAINT, WHAT PAYMENTS OR OTHER THINGS YOU ARE DEMANDING TO FOREVER 100% SATISFY YOUR COMPLAINT, TO WHAT DEGREE YOU ARE WILLING TO NEGOTIATE, YOUR FULL FACTUAL AND LEGAL JUSTIFICATIONS FOR EACH AND EVERY DEMAND BASED ON PROVABLE FACTS AND FULLY SUPPORTED UNDER THE LAW, THE SPECIFIC APPLICABLE LAW AND OUR SPECIFIC APPLICABLE POLICIES (in all disputes with us, the complainer assumes full responsibility to produce all proof of facts and copies of all of our policies which applied to his/her contract he/she alleges), THE FULL DESCRIPTION AND IDENTIFICATION OF ALL EVIDENCE, PARTIES, WITNESSES, CAUSES OF ACTION, AND LEGAL THEORIES WHICH YOU ALLEGE, AND A CLEAR AND UNQUALIFIED STATEMENT THAT YOU FULLY ACCEPT ANY AND ALL LEGAL CONSEQUENCES FOR ANY AND ALL ERRONEOUS, FALSE, MISLEADING AND UNPROVEN FILINGS AND STATEMENTS YOU MAKE OR MADE IN YOUR LEGAL DEMAND LETTER, COMPLAINT, MOTIONS, ANY AND ALL OTHER LEGAL DOCUMENTS, ALLEGATION OR OTHER STATEMENT (including but no limited to those that are in breach of this contract) - EVEN IF NO LEGAL, REGULATORY OR ADMINISTRATIVE FILING OCCURS OR THE STATEMENT IS LATER WITHDRAWN, NOT RELIED UPON OR DISMISSED. FURTHERMORE, YOUR LEGAL DEMAND LETTER MUST BE CLEARLY SIGNED AND DATED IN BLACK INK BY YOU, AND MUST INCLUDE YOUR ACCURATE AND CURRENT NAME, PHONE NUMBER, PHYSICAL ADDRESS AND THAT OF YOUR ATTORNEY (if you have an attorney), THE NAME AND ADDRESS OF THE LEGAL, REGULATORY OR ADMINISTRATIVE BODY YOU INTEND TO FILE WITH, AND INCLUDE FULL VENUE AND PERSONAL AND SUBJECT MATTER JURISDICTION JUSTIFICATIONS FOR THAT BODY TO HEAR YOUR CASE. FURTHERMORE, IF YOU OR YOUR ATTORNEY HAS AN EMAIL ADDRESS, YOU MUST ALSO PROVIDE US YOUR, HIS/HER ACCURATE AND CURRENT EMAIL ADDRESS TO US IN YOUR LEGAL DEMAND LETTER.
FURTHERMORE, TO THE EXTENT NOT EXPLICITLY PROHIBITED BY APPLICABLE LAW OR COURT OF COMPETENT JURISDICTION, LEGAL SERVICE TO US SHALL BE LIMITED TO ACTUAL, PERSONAL AND EXPRESSED AND IN WRITING (but not by email, texting, or publication), WITH PROPER PROOF OF SERVICE (a signed and dated (with both date and time) Affidavit of Service, plus either the served party's signature and date and time of service, or a photograph or video of how the Process was delivered with a signed and dated witness statement - all within one work day from day of service); AND INCLUDE CLEAR, SPECIFIC, COMPLETE AND DETAILED DESCRIPTIONS OF ALL PARTIES, ATTORNEYS, WITNESSES, COURT OF FILINGS, COMPLAINTS, APPLICABLE FACTS, APPLICABLE LAWS, APPLICABLE POLICIES AND PROPOSED REMEDIES. NO MATTER HOW YOU SERVED ANY OF US, YOU FULLY AGREE TO SEND US A COMPLETE MAILED AND TOTALLY LEGIBLE COPY OF ALL PAPERS SERVED TO ANY OF US WITHIN 24 HOURS OF THE SERVICE OF PROCESS, THRU USPS MAILS IN ANY MANNER FIRST CLASS MAIL OR FASTER, EXCEPT YOUR MAIL MUST NOT REQUIRE ANY PARTICULAR PERSON'S SIGNATURE (the reason for no specific signature is to avoid the targeting of any of our people to a possible violent attack), AND ON THE BACK OF YOUR ENVELOPE YOU MUST STATE, "Copy of Legal Service of Process Relevant to the Person or Persons Listed in this envelope's Address". FURTHER, YOU FULLY AGREE THAT WE MAY IGNORE OR DISREGARD ANY OTHER FORM OF SERVICE OF PROCESS TO US WITH NO LIABILITY TO US. OUR RETENTION POLICIES STATED BELOW FULLY APPLY TO ALL DISPUTES AND TO ALL OTHER LEGAL, ADMINISTRATIVE, REGULATORY, QUASI-GOVERNMENT AND SOCIAL MEDIA COMPLAINTS AND ACTIONS. IF YOU ARE REPRESENTED BY AN ATTORNEY(S), YOU MUST INCLUDE IN YOUR LEGAL DEMAND LETTER FOR EACH AND EVERYONE OF YOUR ATTORNEYS A COPY OF HIS NEW MEXICO LAW LICENSE AND PROOF OF BEING LEGALLY PERMITTED TO REPRESENT YOU IN NEW MEXICO FOR ALL OF THE PROCEEDINGS HE REPRESENTS YOU IN, AND PROOF THAT HE IS LEGALLY PERMITTED TO AND HAS FULL JURISDICTION TO PRACTICE IN THAT VENUE WITH THAT CHOICE OF LAW.
Consumertronics definition of, "in writing" or similar, as it refers to all official contacts, concerns and responses sent to Consumertronics, Consumertronics's CEO or any other Consumertronics official, limits the official writings to: (A) Writings which are physically delivered to the CEO, and (B) Writings that are delivered to the CEO or other Consumertroics official by USPS mail in which the sender can prove delivery. All official writings which are physically delivered to or mailed to the CEO must first be prior officially approved in writing by the CEO while under no duress, which possible approval can only occur after the sender truthfully, accurately and totally informs and discloses to the CEO as to all of the contents of the written letter(s) and/or document(s), the full truthful identity of the sender(s), and the full truthful identity(ies) of every person and other entity the sender(s) represents or is an agent(s) for, or is sending or delivering the writing to the CEO on the behalf of or at the behest of. The contents of all of the letter(s) and document(s) must be explicitly and directly relevant to the CEO. No one, regardless of what he/she claims or his/her relationship to the CEO, is permitted to sign for or receive anything official as a representative or agent for, or on the behest of or behalf of the CEO, unless the CEO has in writing specifically and explicitly prior designated that person or entity to do so as his/her official representative or agent for the explicit purpose of receiving official writings for the CEO. Unless otherwise explicitly stated to the contrary in writing by the CEO for a specific writing or writing subject, no other official writing notification methods are permitted to be used to notify or inform Consumertronics or the CEO, including but not limited to, writings by emails, email attachments, Online (eg: websites, social media, chat groups, blogs, et al), texting, physical postings, printed publications, et al. "In writing" also forbids all forms of verbal and all forms of other non-written official communications. Regardless of a writings content or intent, Consumertronics, the CEO and all other Consumertronics officials may ignore any and all other forms or means of delivery of official writings than what is explicitly permitted above with no cost or liability to Consumertronics, the CEO or to any other Consumertronics official.
FOR ALL COMPLAINTS BY CLIENT RELEVANT TO THE PRODUCT OR SERVICE CONTRACTED FOR OR ANTICIPATED: YOU FULLY AGREE WITHOUT QUALIFICATION OR RESERVATION TO NOT FILE ANY CRIMINAL, REGULATORY OR ADMINISTRATIVE COMPLAINT AGAINST CONSUMERTRONICS OR ANY OF ITS PERSONNEL, AGENTS, CLIENTS, CONTRACTORS, SUBCONTRACTORS OR SUPPLIERS UNLESS AND UNTIL YOU HAVE FULLY EXHAUSTED ALL OF YOUR CIVIL REMEDIES. YOUR CIVIL REMEDIES INCLUDE AND ARE LIMITED TO THE FULL COMPLETION OF: (1a) WE HAVE NOT SHIPPED TO YOU A PRODUCT OR PROVIDED YOU A SERVICE OF THE TYPE THAT YOU CONTRACTED FOR AND YOU PAID IN FULL FOR AND YOUR PAYMENT HAS CLEARED (as per our clearing policies herein) WITHIN 60 DAYS OF THE ESTIMATED COMPLETION DATE AND WE HAVE NOT PROVIDED YOU EITHER A 2/3rds REFUND OR REASONABLE JUSTIFICATION, OR (1b) WITHIN 30 DAYS OF OUR RECEIPT OF YOUR RETURNED PRODUCT TO US BECAUSE YOU ALLEGE THAT IT IS DAMAGED, DEFECTIVE OR INCOMPLETE, AND WE HAVE NOT REPAIRED OR REPLACED ALL DAMAGES AND DEFECTS PROVABLY CAUSED BY US OR PARTIALLY REFUNDED YOUR MONEY TO COMPENSATE YOU FOR THEM (your 1/3rd non-refundable downpayment is never refunded if the device was functioning when we shipped it to you) AND/OR RETURNED THE PRODUCT TO YOU, AND (2) YOU HAVE UNDERGONE AND COMPLETED THE REQUIRED BINDING ARBITRATION IN ALBUQUERQUE, NM, AND THE IMPARTIAL ARBITRATOR INFORMS YOU IN WRITING OF A LIKELY CRIMINAL OR REGULATORY WRONGDOING ON OUR PART. While we seldom receive Client complaints, over the years there have been a couple of extortionary attempts by dishonest Clients who demanded money from us by threatening us with criminal or regulatory complaint without first exhausting their civil remedies or even returning the product or service we provided them.
Unless otherwise stated herein or not explicitly prohibited by law, the only proper and valid venue and jurisdiction to file a legal, administrative or regulatory complaint or claim against us is to submit it to binding arbitration in Albuquerque, NM, as discussed herein, and furthermore you fully agree to never file a class action legal, regulatory or administrative action against us. FURTHERMORE, YOU FULLY AGREE THAT YOU WILL NOT FILE ANY KIND OF LEGAL, ADMINISTRATIVE OR REGULATORY ACTION AGAINST US IN ANY IMPROPER, INVALID OR OTHERWISE ERRONEOUS VENUE OR JURISDICTION, OR FOR ANY IMPROPER, INVALID OR OTHERWISE ERRONEOUS REASON OR CAUSE OF ACTION, AND THAT IF YOU DO SO, CONSUMERTRONICS AND/OR ANY OF ITS OFFICERS, CONTRACTORS, AGENTS OR ASSIGNS MAY FILE A LAWSUIT(S) AGAINST YOU IN AN ALBUQUERQUE, NM, COURT OF LAW TO RECOVER ALL OF THEIR DIRECT AND INDIRECT COSTS, FEES AND LOSSES DEFENDING THEMSELVES DUE TO YOUR ACTIONS, PLUS VERY LARGE PUNITIVE DAMAGES. FURTHERMORE, YOU FULLY AGREE TO FULLY INDEMNIFY US AND HOLD US HARMLESS IN ANY AND ALL SUCH ACTIONS WE FILE AGAINST YOU. FURTHERMORE, TO THE EXTENT NOT EXPLICITLY PROHIBITED BY LAW OR BY A COURT WITH COMPETENT JURISDICTION, YOU FULLY AGREE TO FOREVER WAIVE, FOREGO AND ABANDON ALL DEFENSES AND IMMUNITIES YOU MAY HAVE OR BELIEVE YOU HAVE IN ANY AND ALL SUCH ACTIONS WE FILE AGAINST YOU.
In the case of lost, stolen or damaged Items while in the hands of shipper, whatever insurance proceeds the shipper pays us, if any, we will gladly, fully and immediately provide to the Client. CONSUMERTRONICS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY COSTS, LOSSES, DAMAGES AND/OR DELAYS WHICH OCCUR IN PART OR WHOLE TO OR BY ANY OF OUR PROJECTS, PRODUCTS, SERVICES, PERSONNEL, CLIENTS, AND/OR THIRD PARTIES BECAUSE OF: (1) ANY "ACT OF GOD," DEATH, NATURAL DISASTER, ACT OF WAR, VIOLENT CRIME, OR TERRORISM. (2) ANY ACCIDENT, INTENTIONAL ACTION, NON-VIOLENT CRIME, WEATHER CONDITION, FLOOD, FIRE, EXPLOSION, ENERGY OUTAGE OR BAD ENERGY, SERIOUS MEDICAL CONDITION, MISTAKE, BANKING OR POSTAL ERROR OR DELAY, LEGAL OR REGULATORY SITUATION, TAX SITUATION, FINANCIAL SITUATION, OR ANY OTHER EVENT, CONDITION OR SITUATION SO SERIOUS WE COULD NOT OR CANNOT HAVE EITHER REASONABLY FORESEEN OR CONTROLLED TO AVOID, PREVENT OR SUBSTANTIALLY LESSEN LOSSES, DAMAGES AND/OR DELAYS ARISING FROM IT/THEM. (3) ANY ACTION MADE BY A CLIENT, BY FINANCIAL INSTITUTION, THIRD PARTY, OR BY US (ie: any action that the Client directly or indirectly caused us to take) WHICH RESULTS IN A CRIME, MISREPRESENTATION, COST, LOSS, DEVICE OR EQUIPMENT DAMAGE OR DESTRUCTION, LOSS OF USE OR AVAILABILITY OF REQUIRED PARTS, DELAY, MISTAKE, PENALTY, FINE, FEE, CHARGE AND/OR LOSS OF FREEDOM ADVERSE TO THE CLIENT OR TO US. (4) WHERE ANY OF OUR PRODUCTS OR SERVICES WAS SOLD TO, BOUGHT FOR, USED ON, TESTED ON, OR OTHERWISE TRANSFERRED OR APPLIED TO ANY OTHER PERSON OR NON-HUMAN ENTITY (in which case, the purchaser of the product or service assumes total responsibility and liability to all affected parties). (5) ANY REASONABLE ACTION WE TAKE TO TRY TO PREVENT, LESSEN, LIMIT, FIX, REVERSE OR DEFEND OURSELVES FROM ANY SUCH COSTS, LOSSES, DAMAGES OR DELAYS IN (1), (2), (3) OR (4) THAT DOES NOT SUBSTANTIALLY IMPROVE THE SITUATION OR CONDITION. Should any of these conditions above that was not caused by or the fault of the Client or by someone else the Client deals with (e.g. his/her shipper, bank, supplier, contractor, etc.) result in a delay or added cost to an estimated product or service, we will try to absorb as much of the additional cost as we reasonably can as we never like to exceed our estimated costs or estimated times; however, we may require additional time of possibly 10+ times the originally estimated time period (depending on seriousness of problem), starting from date of incident, and possibly costs can also be affected (eg: replacing hardware damaged in a sudden storm). When this paragraph applies, for Consumertronics to bear no responsibility or liability related to the relevant transaction means that the Client forever waives, abandons and forgoes any and all rights and privileges he/she believes he/she has from all financial institutions and from all other entities relevant to this transaction that are not also rights and/or privileges explicitly described in this paragraph.
IF YOU CLAIM TO BE OR WE ARE SUSPICIOUS THAT YOU ARE LIKELY ANY KIND OF AUTHORITY, FOR EXAMPLE, YOU CLAIM TO BE OR WE ARE SUSPICIOUS THAT YOU, OR SOMEONE ACTING ON YOUR BEHEST OR BEHALF, ARE A REPORTER, INVESTIGATOR, ATTORNEY, POWER OF ATTORNEY, SCIENTIST, ENGINEER, MEDICAL DOCTOR, BANKER, INVESTOR, DEBT COLLECTOR, SCAMMER, GUARDIAN, INFORMER, AGENT, GOVERNMENT OFFICIAL, ETC., IF WE ARE NOT FULLY SATISFIED WITH YOUR DISCLOSURES TO US OR LACK THEREOF (you assume full responsibility to proactively, accurately and completely disclose to us in writing and prove to us through verifiable official documentation immediately upon your first contact with us to our satisfaction, which includes your identity, all credentials, name of your employer, place of employment, official job title, official street address, email address and phone #, the name and official phone # and email address of your immediate supervisor and his/her official job title, and all of your negative intentions and actions relevant to us, if any), WE RESERVE THE RIGHT WITHOUT ANY LIABILITY TO US TO NOT BELIEVE YOU, TO NOT RESPOND TO YOU, AND/OR TO DO RESPONSES AND/OR OTHER ACTIONS, AND WHATEVER OUR RESPONSES TO YOU AND/OR OTHER ACTIONS WE DO MAY CONSIST OF ACTING, ROLE-PLAYING, GAME-PLAYING, BANTER AND/OR TONGUE-IN-CHEEK RESPONSES, AND/OR OTHER ACTIONS TO TRY TO HUMOR YOU AND/OR TO FERRET OUT THE REAL REASON(S) WHY YOU CONTACTED US. Your required verifying documentation is to be sent to us as an email attachment in PDF, TXT, JPG or GIF format only (we never open up any other type of attachment format, and we never click on an email link as we have no way of knowing what malware may result) because attempts to spoof, phish, spam, infect and otherwise defraud by phone, email and snail mail are rampant these days. As with us, all businesses must actively prevent and fend off attempts to damage or destroy it. Both your email Subject Line and the Body of your email must clearly state what your authority and negative intentions and actions relevant to us are. Unless we respond to your email stating that we have received it, read it and clearly and completely understand both your authority and negative intentions and actions relevant to us, you may not assume that you notified us of your full identity, authority, intentions and actions. We may also require similar verifying documentation from your supervisors and/or employers, if any. If you do not provide to us this notification and verifiable verifying official documentation immediately up your first contact with us, we reserve the right to assume that you are a fraud and consider you to be a fraud thereafter and respond to you any manner that we wish to at no liability to us, unless and until you prove to our satisfaction that you are not a fraud or no longer a fraud.
IF YOU HAVE OR HAD ANY DISHONEST, MALICIOUS, INVESTIGATIVE OR OTHERWISE ADVERSE INTENTION AND/OR ACTION AGAINST CONSUMERTRONICS OR ANY OF ITS OFFICERS, EMPLOYEES AND CONTRACTORS AT ANY TIME, THEN YOU MUST IMMEDIATELY, FULLY, CLEARLY, EXPLICITLY, ACCURATELY AND VOLUNTARILY DISCLOSE TO US ANY AND ALL SUCH ADVERSE INTENTIONS AND ACTIONS BY EMAIL WITH THIS SUBJECT LINE: "Full Disclosure of Identity and all Adverse Intentions and/or Actions" (INCLUDING FULLY, CLEARLY, EXPLICITLY AND ACCURATELY IDENTIFYING YOURSELF TO US AND ALL OF YOUR ADVERSE INTENTIONS AND ACTIONS RELEVANT TO US) PRIOR TO ATTEMPTING TO DO ANY BUSINESS, FURTHER BUSINESS OR ANY OTHER CONTACT OR COMMUNICATIONS WITH US. NOTE THAT NEITHER FULL DISCLOSURE BY ANY VERBAL MEANS, NOR DISCLOSURE OF YOUR IDENTITY AND/OR OCCUPATION/POSITION BY ITSELF, NOR DISCLOSURE OF YOUR RELATIONSHIP WITH ANYONE OR ANYTHING ELSE WITHOUT ALSO FULLY, ACCURATELY, CLEARLY AND EXPLICITLY DISCLOSING YOUR ADVERSE INTENTIONS AND/OR ACTIONS IS ADEQUATE DISCLOSURE AND CAN BE IGNORED BY US WITHOUT LIABILITY OR HARM TO US. IF YOU DO NOT FULLY, CLEARLY, ACCURATELY AND IMMEDIATELY IDENTIFY YOURSELF AND ALL OF YOUR ADVERSE INTENTIONS AND ACTIONS RELEVANT TO US, YOU WILL HAVE ILLEGALLY ACCESSED OUR WEBSITE AND EMAIL UNDER FEDERAL ANTI-HACKING STATUTES. AT THAT POINT, YOU WILL BE AUTOMATICALLY BANNED FROM EVER CONTACTING US AGAIN UNLESS SPECIFICALLY, CLEARLY AND EXPLICITLY AUTHORIZED TO DO SO EITHER BY A COURT OF LAW WITH COMPETENT JURISDICTION OR BY US IN WRITING AND THEN ONLY LIMITED TO THE EXTENT AUTHORIZED BY THAT COURT OR US. YOU WILL ALSO BE SUBJECT TO ANY AND ALL LEGAL AND/OR ADMINISTRATIVE ACTIONS WE MAY CHOOSE TO TAKE AGAINST YOU. IF YOU FAIL OR REFUSE TO FULLY, CLEARLY, EXPLICITLY, ACCURATELY AND IMMEDIATELY IDENTIFY YOURSELF IN WRITING (complete identity requires accurate, verifiable and complete name, physical address, email address, phone number, and any other verifiable identifying information we require, possibly including recent close-up photos and employment documentation), OR YOU DO NOT FULLY, CLEARLY, EXPLICITLY, ACCURATELY, SPECIFICALLY, COMPLETELY, IMMEDIATELY, AND IN WRITING DISCLOSE ANY AND ALL DISHONEST, MALICIOUS, INVESTIGATIVE OR OTHERWISE ADVERSE INTENTIONS OR ACTIONS YOU HAVE OR HAD TOWARDS US (IF ANY) AT ANY TIME PRIOR TO ATTEMPTING TO DO A TRANSACTION WITH US OR TO OTHERWISE COMMUNICATE WITH US (includes but is not limited to sending us or delivering any unsolicited phone call, unsolicited email or unsolicited mail ("unsolicited" is defined herein to mean anything sent to us or delivered to us which we did not specifically, clearly, explicitly and in writing request you to send us), downloading any computer infection, spyware, adware, malware or spam onto our computer, uploading any files from our computer regardless of origin or how derived, modifying, blocking, or attempting to modify or block any of our webpages or computer files, in any way attempting to interfere with, to track, or to surveil our uses of our computers and/or Internet access, and/or intercepting or recording any conversation, computer signal, computer keystroke, email, mail or phone call of ours not specifically, explicitly and in writing authorized by us for you to do so), OR YOU DO FULLY, CLEARLY, EXPLICITLY, ACCURATELY, SPECIFICALLY, COMPLETELY, IMMEDIATELY, AND IN WRITING DISCLOSE ALL OF YOUR ADVERSE INTENTIONS AND ACTIONS BUT YOU TRY TO CONTACT US AGAIN WITHOUT EITHER OUR CLEAR AND EXPLICIT PRIOR WRITTEN PERMISSION TO DO SO OR BY ORDER OF A COURT OF COMPETENT JURISDICTION, THEN YOU DO SO WITH YOUR CLEAR AND FULL UNDERSTANDING AND UNQUALIFIED AGREEMENT TO ACCEPT FULL PERSONAL LIABILITY, AND FURTHERMORE, YOU FULLY AND FOREVER WAIVE, FOREGO AND ABANDON ALL POSSIBLY APPLICABLE DEFENSES AND IMMUNITIES (IF ANY) FOR ANY AND ALL DIRECT OR INDIRECT INJURIES YOU CAUSE OR ATTEMPT TO CAUSE TO US. Note: Putting a special signal on a phone line (e.g. phone recording beeps) is not an acceptable means of notification for us as phone lines may have all kinds of extraneous noises on them. As it is our intention to serve our good Clients as reasonably well as we can under our policies, we certainly do welcome all honest, straightforward, and accurately and completely identified consumer inquiries, comments and complaints, and will try our reasonable best to accurately and completely address all such questions and concerns while stringently protecting the privacies of our good Clients within the law. For more details, see "INAPPROPRIATE CONTACT FORBIDDEN" paragraph herein. NOTE: FOR YOUR STATEMENTS TO BE CONSIDERED TO BE A DISCLOSURE OR NOTIFICATION AS PER THIS PARAGRAPH OR ANY OTHER PARAGRAPH OF OURS, WE MUST ACKNOWLEDGE IN WRITING THAT WE RECEIVED YOUR WRITTEN STATEMENTS AND SPECIFICALLY IDENTITY IN WRITING YOUR STATEMENTS BY THEIR DATE, TIME, ORIGIN, AUTHOR, MATTER, CONTENT AND INTENT. The mere placing of a file(s) onto our computer, sending us an email(s) or mailing us a letter(s) which may not reach us or be read by us are just three examples of written statements either not read or clearly understood by us, so therefore are not disclosures or notifications which satisfy this or any other paragraph.
WE RESERVE THE RIGHT TO REFUSE TO RESPOND TO, TO REFUSE TO COMPLETELY OR ACCURATELY RESPOND TO, TO REFUSE TO TRY TO CORRECT, AND/OR TO PROMPTLY STOP OR CHANGE OUR RESPONSE TO ANY INQUIRY, APPLICATION FORM, ESTIMATIONS FORM OR ANY OTHER FORM OR INQUIRY WITHOUT PRIOR NOTICE OR LIABILITY IN WHICH THE PERSON CONTACTING US HAS CLEARLY IGNORED OR MISREPRESENTED A POLICY, CONDITION, DESCRIPTION, PRICE OR OTHER STATEMENT, HAS ASKED US FOR LEGAL, MEDICAL OR OTHERWISE IMPROPER ADVICE, OPINION OR CLAIM, HAS ASKED US TO DO SOMETHING ILLEGAL, IMMORAL OR UNETHICAL, HAS BECOME INSULTING, HARASSING, THREATENING OR USES VULGAR LANGUAGE, AND/OR WE BELIEVE IS INTENDING TO TRY TO ENTRAP US OR TO CON US INTO ACCEPTING TO DO ANYTHING ILLEGAL, UNETHICAL OR IMMORAL, TO TRY TO GET US TO "ADMIT" TO ANYTHING ILLEGAL, UNETHICAL OR IMMORAL, OR WHICH IS OTHERWISE MANIPULATIVE, DISHONEST, DECEPTIVE OR MALEVOLENT. THE INQUIRER, APPLICANT OR Client ASSUMES FULL AND PERSONAL RESPONSIBILITY, THEREBY TOTALLY WAIVING, FOREGOING AND ABANDONING ANY AND ALL FORMS OF IMMUNITY HE/SHE BELIEVES HE/SHE MAY BE ENTITLED TO, FOR ALL STATEMENTS AND ALL SUCH ACTIONS HE/SHE MAKES TO US IN ANY FORM, WHETHER OR NOT THEY ARE TRUE OR FALSE STATEMENTS/ACTIONS, WHETHER OR NOT THEY ARE EXPLICIT OR IMPLIED, AND WHETHER OR NOT ANYONE AT CONSUMERTRONICS SUSPECTS, BELIEVES OR KNOWS THEM TO BE TRUE OR FALSE STATEMENTS/ACTIONS OR ACTS OR DOES NOT ACT ON THEM. If you have submitted a form or inquiry to us which clearly violates any of our policies or description of that type of device or advice, we will likely take no steps to contact you about your form or inquiry, and we may not try to correct it for you; however, if you submit an acceptable corrected version in writing within 30 days of our receipt of your last unacceptable version, we will evaluate your corrected version only.
IF YOU ARE ENTITLED TO A REFUND FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, RETURN OF ITEM FOR WHICH A REFUND IS PERMITTED UNDER OUR POLICIES, AN ONLINE AUCTION TRANSACTION, AN OVERPAYMENT, AN ERRONEOUS PAYMENT, A DISALLOWED PAYMENT (e.g. a payment that includes a commission or a fee), OR A NON-APPROVED METHOD OR FORM OF PAYMENT, AND YOU DID NOT PAY BY APPROVED POSTAL MONEY ORDER (POSTAL MO or PMO), MONEY TRANSFER SERVICE (MTS), TRADE OR U.S. CASH, WE WILL REQUIRE 90-181 DAYS FROM THE DATE THAT WE DEPOSITED YOUR PAYMENT TO REFUND YOU THAT PORTION OF YOUR PAYMENT WE OWE YOU AS A REFUND, WITHOUT LIABILITY, EXPLANATION OR INTEREST TO YOU (181 days applies to PayPal). FURTHERMORE, IF YOUR CLAIM TO A REFUND IS BASED ON ANY ERROR THAT IS YOUR FAULT OR THAT IS DUE TO OVERPAYMENT, ERRONEOUS PAYMENT, DISALLOWED OR NON-APPROVED METHOD OR FORM OF PAYMENT, YOUR FAILURE TO READ OR FULLY UNDERSTAND OR YOUR MISUNDERSTANDING OF A DESCRIPTION OR POLICY, YOUR VIOLATION OF A LEGAL POLICY, OR YOUR REFUSAL TO COMPLY WITH A LEGAL POLICY WE WILL CHARGE YOU 10% OF YOUR ENTITLED REFUND ($50 minimum) AS A PROCESSING FEE, PLUS ALL BANKING AND ALL OTHER FEES WE INCUR RELEVANT TO THE TRANSACTION, IF ANY. NOTE: IT IS THE CLIENT'S RESPONSIBILITY TO NOTIFY US WITHIN 60 DAYS AFTER THE END OF A CLEARANCE PERIOD FOR US TO SEND THE CLIENT HIS/HER REFUND, AND WE RESERVE THE RIGHT TO APPLY ALL OR PART OF THE REFUND TO COSTS THAT WE INCURRED, IF ANY, RELEVANT TO THE CLIENT'S BUSINESS WITH US. The reason for this policy is that there is a scam in which a criminal "pays" using a bad payment designed to delay processing by banks, then demands a partial or full refund before payment can totally clear, only for the merchant to later discover that the original payment bounced. IF YOU CAN CITE A SPECIFIC, APPLICABLE AND VERIFIABLE FEDERAL OR NEW MEXICO LAW, REGULATION OR UPHELD COURT DECISION WITH JURISDICTION OR AN APPLICABLE POLICY OF OURS STATED HEREIN 100% RELEVANT TO THE FACTS OF YOUR DISPUTE WHICH GUARANTEES YOU A REFUND HIGHER THAN STATED ON THIS WEBPAGE, WE WILL GLADLY HONOR THAT PERCENTAGE AMOUNT UPTO 100% OF WHAT YOU PAID US. NOTE: OF COURSE, ERRORS THAT CONSUMERTRONICS HAS DONE, TO THE EXTENT THEY WERE DONE, WILL NOT RESULT IN A PROCESSING FEE TO YOU.
ALL FORMS, ATTACHMENTS AND ALL OTHER DOCUMENTS PROVIDED TO US BECOME THE PROPERTY OF CONSUMERTRONICS. ALL HARDWARE, MONIES AND ITEMS OF VALUE PROVIDED TO US WHICH DO NOT INCLUDE A CORRECT RETURN ADDRESS OR SUFFICIENT RETURN SHIPPING & HANDLING OR REMAINS UNCLAIMED FOR MORE THAN 60 DAYS BECOME THE PROPERTY OF CONSUMERTRONICS WITHOUT LIABILITY TO CONSUMERTRONICS OR ANYONE ASSOCIATED WITH IT. Except for original forms and documents provided by us (e.g. Special Projects, Estimates Form, etc.), Clients are strongly advised not to send us any original documents and not to send us any hardware which does not include sufficient return S/H if they want or need to have the documents or hardware returned to them.
ANY ADVERSE INTENTION OR ACTION YOU HAVE MADE TOWARDS US (as described in the previous paragraph), ANY PAYMENT MADE BY YOU OR ON YOUR BEHALF TOWARDS AN ORDER, YOUR RECEIPT OF A CONSUMERTRONICS PRODUCT OR SERVICE, ANY STEPS YOU HAVE TAKEN TO MAKE OR FULFILL A CONTRACT WITH US, YOUR INQUIRY WITH OR ABOUT US REGARDING OUR PRODUCT, SERVICE, CONTRACT, BUSINESS OR ANY OF OUR PERSONNEL, OR IF WE HAVE HOTLINKED TO YOUR WEBSITE WITH YOUR PERMISSION, WHICHEVER OCCURS FIRST, AMOUNTS TO FULL, UNQUALIFIED AND IMMEDIATE ACCEPTANCE OF ALL POLICIES DESCRIBED HEREIN - EVEN IF YOU MADE ANY VERBAL OR WRITTEN ERRORS OR OMISSIONS - AND INDICATES THAT YOU HAVE FULLY READ, UNDERSTOOD AND AGREED TO BE BOUND BY ALL OF THESE POLICIES, AND THAT YOU FULLY UNDERSTAND AND INTEND THAT THESE POLICIES ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND CONSUMERTRONICS. FURTHERMORE YOU FULLY AGREE WITHOUT RESERVATION OR QUALIFICATION THAT ALL OF THE POLICIES DESCRIBED HEREIN APPLY PERSONALLY TO YOU AND THAT IF YOU DID NOT PROVIDE US YOUR FULL AND ACCURATE NAME AND PHYSICAL ADDRESS ON FIRST CONTACT, WE MAY SERVE YOU BY PUBLICATION SHOULD A LEGAL ACTION RESULT FROM YOUR CONTACT WITH US. FURTHERMORE, WE RESERVE THE RIGHT TO AT ANY TIME REQUIRE YOU TO PROVIDE US ADDITIONAL WRITTEN STATEMENTS THAT YOU CLEARLY AND UNEQUIVOCALLY UNDERSTAND AND 100% AGREE TO COMPLY WITH ANY PARTICULAR OR ALL OF OUR POLICIES. FURTHERMORE, WE RESERVE THE RIGHT TO REFUSE OR NULLIFY ANY CONTRACT (WITH NO LOSS OR LIABILITY TO US) IN WHICH YOU HAVE MADE ANY SUBSTANTIAL ERROR OR OMISSION ON ANY STATEMENT YOU HAVE MADE RELEVANT TO YOUR ORDER, CONTRACT, CONTACT OR INQUIRY WITH US, OR IF WE HAVE HOTLINKED TO YOUR WEBSITE WITH YOUR PERMISSION. FURTHERMORE, WE ASSUME NO RESPONSIBILITY, LIABILITY, DAMAGES, LOSSES OR COSTS FOR ANY ERRORS OR OMISSIONS MADE BY YOU FOR ANY REASON, OR NEGLIGENTLY MADE BY ANYONE FROM CONSUMERTRONICS. FURTHERMORE, IF YOU DO NOT SPECIFY IN WRITING WHETHER YOU PURCHASED FROM US FOR LEGAL EDUCATIONAL PURPOSES ONLY OR FOR LEGAL ENTERTAINMENT PURPOSES ONLY, WE MAY RIGHTFULLY ASSUME THAT YOU PURCHASED FOR LEGAL ENTERTAINMENT PURPOSES ONLY. ANY FAILURE TO INSIST ON STRICT PERFORMANCE OF ANY PROVISION OF THESE POLICIES OR ANY FAILURE TO ASSERT ANY RIGHT THAT CONSUMERTRONICS MAY HAVE SHALL NOT OPERATE AS A WAIVER OF ANY RIGHT, SUBSEQUENT DEFAULT OR FAILURE OF PERFORMANCE. NO WAIVER IS PERMITTED UNLESS FIRST MUTUALLY AND EXPLICITLY AGREED UPON IN WRITING BY BOTH YOU AND US. FURTHERMORE, NOTHING STATED OR IMPLIED BY US IS TO BE INTERPRETED AS A LOOPHOLE OR TECHNICALITY FOR DOING ANYTHING ILLEGAL, UNETHICAL OR IMMORAL, OR TO IN ANY WAY TAKE ADVANTAGE OF US OR TO PUT US INTO ANY KIND OF "GOTCHA" SITUATION OR JEOPARDY (NOTE: The customer assumes full responsibility and liability to make sure that we are explicitly, specifically and completely informed by him/her in writing that an apparent loophole or technicality (using those actual terms) exist in any of our policies or descriptions that relate to any product, service or claim we provide of interest to the customer, and the customer fully agrees to not to make any kind of transaction with us based on the apparent loophole or technicality. Furthermore, the customer fully agrees not to complain against us based on the apparent loophole or technicality without giving us a minimum of 30 days from our receipt of his/her written description to try to correct the loophole or technicality, and if we can reasonably correct it, the customer agrees not to complain against us). We sincerely want to do the best job we can for our customers. While we try to be clear, accurate, complete and reasonable with our policies and descriptions, like everyone else, we do occasionally make mistakes, misstatements, omissions and oversights, and when correctly identified as such, it is reasonable and fair to give us a reasonable chance to correct them so we can continually serve our customers the best that we reasonably can do.
Although in our assessment our CD devices work as well or better than others approved by the bureaucracy (e.g. FCC, FDA, UL), BECAUSE ALL OF OUR DEVICES ARE UNIQUE, EXPERIMENTAL AND CUSTOM HANDMADE, WE MAKE NO CLAIMS THAT REQUIRE PRIOR GOVERNMENTAL, INDUSTRIAL, COMMERCIAL OR PRIVATE APPROVAL. BECAUSE OF FEDERAL AND OTHER LAWS AND REGULATIONS, WE CANNOT PROVIDE ANY FUNCTIONING ULTRASONIC OR RADIO FREQUENCY (RF) DEVICE WE BELIEVE CAN JAM, BLOCK OR INTERFERE WITH A LICENSED ULTRASONIC OR RF TRANSMITTER OR OTHER PROTECTED COMMUNICATIONS. NOR CAN WE PROVIDE ANY FUNCTIONING DEVICE WHICH WE BELIEVE IS HAZARDOUS OR DANGEROUS (e.g. high voltage devices, ignition devices, etc.) AS A FUNCTIONAL DEVICE, OR WE BELIEVE LIKELY ILLEGALLY VIOLATES ANY APPLICABLE LAW, REGULATION OR INTELLECTUAL PROPERTY RIGHT. WE CAN PROVIDE RF, PHONE, MEDICAL*, SURVEILLANCE AND OTHER DEVICES ONLY AS LEGAL, NON-HAZARDOUS, NON-DANGEROUS AND NON-FUNCTIONAL REPLICAS, MODELS, MOCK-UPS or NOVELTIES, AND WITH NO WARRANTY AS TO FUNCTIONALITY, NO TECHNICAL SUPPORT AND NO INSTALLED BATTERIES PROVIDED ("User Manuals" are provided only for historical, conversational piece or artistic purposes only). IF AN ITEM HAS CERTAIN USES WHICH REQUIRES APPROVAL (approval may be in the form of a license, permit or other form of approval accepted by the entity with approval jurisdiction) BY A GOVERNMENT, CORPORATE, INDUSTRIAL OR OTHER ENTITY AND HAS OTHER USES WHICH NO APPROVAL IS BELIEVED BY US TO BE REQUIRED, WE CAN PROVIDE THE ITEM ONLY FOR THEIR LEGAL USES (e.g. Dental picks are sold by both dentists/dental suppliers for dental/medical uses and by tool/hardware stores for various mechanical uses; if we included dental picks as part of your device, they would be for their mechanical uses only). For non-functional devices, 1-3 simple final assembly steps are required to convert them into fully functional units but only if the Client is fully licensed and permitted to do so by all applicable authorities, and can do so legally and safely. At our discretion, devices which are overall non-functional, may be provided as partially-functional units if the functional unit(s) is not controversial and has no known illegal, unethical, hazardous or dangerous use (e.g. a device which has a power supply and produces both a RF signal and non-RF signals, the power supply and non-RF signal sections may be provided fully functional while the RF section is provided only as non-functional). All parts and descriptions are included with the device for these simple steps for your strictly legal utility, entertainment and educational purposes only. Note that while we can provide some devices or their circuit sections only as non-functional devices/sections to make sure that they are authentic replicas, models, mock-ups or novelties, we test them with dummy loads ("dummy load" testing originates from the standard method used by electronic engineers and technicians to test and align RF transmitters without actually transmitting a RF signal through an antenna which may violate regulations and/or interfere with properly licensed transmitters), but ship them with their specified antennas. NEVER MAKE AN ILLEGAL, HAZARDOUS OR DANGEROUS CONVERSION OR USE OF ANY DEVICE. IT IS CRITICAL THAT YOU DO NOT INTERFERE WITH ANY LICENSED ULTRASONIC OR RF TRANSMITTER FOR ANY REASON, AND IF YOU DO, YOU MUST SHUT OFF THE DEVICE IMMEDIATELY AND NOT USE IT AGAIN. IF YOU ARE UNDER FCC JURISDICTION AND/OR SIMILAR JURISDICTIONS, THEIR APPROVAL(S) OBTAINED BY YOU MAY BE REQUIRED BEFORE PROVIDING US YOUR ORDER FOR ANY FUNCTIONAL ULTRASONIC OR RF TRANSMITTING DEVICE AND FOR ANY NON-FUNCTIONAL ULTRASONIC OR RF TRANSMITTING DEVICE OR CIRCUIT SECTION WHICH YOU INTEND TO CONVERT INTO A FUNCTIONAL FORM; IF NOT UNDER FCC OR SIMILAR JURISDICTION, WRITTEN APPROVAL MAY BE REQUIRED OF YOU FROM WHATEVER GOVERNMENT AGENCY(IES) OR ENTITY(IES) IN YOUR JURISDICTION IS RESPONSIBLE FOR LICENSING AND PERMITTING ULTRASONIC OR RF TRANSMISSIONS. ALTERNATIVELY, YOUR ULTRASONIC OR RF APPROVAL ENTITY MAY INFORM YOU THAT FOR YOUR LOCATION, THE DEVICE FREQUENCY AND RANGE, AND INTENDED USES OF THE DEVICE, NO LICENSES OR PERMITS ARE REQUIRED. We do not recommend or imply that any illegal conversion, nor other modification or use be made, and again all licensing, permits and other approvals required to convert a non-functioning device to functional and all uses of the device are the sole responsibilities and liabilities of the Client.*No device we provide is provided as a medical device or medically-assistive device, and we make no medical claims, opinions or advice. However, if we believe that any government with jurisdiction would likely classify any device of ours as a medical-type device contrary to our intentions to provide it only as a non-medical device, we can only provide it as a model, mock-up, replica or novelty as stated herein.
REQUIRED RETURN STATEMENTS AND CONDITIONS: In all cases where Consumertronics
has agreed to refund you for the return of a product, regardless as to what
the refund amount or percentage is or what the returned item is, you must first
provide us the following clearly written statements in a letter, signed and
dated by you in black ink unless Consumertronics has explicitly and specifically
waived in writing all or part of these required statements (if Consumertronics
has waived part of them, all of the other statements still fully apply) (upon
receipt of your written statements to our satisfaction AND we have agreed upon
a refund, we will assign you a Return ID Number, which you must clearly write
on the outside of the return box(es) in black or blue permanent marker at least
1/2" tall; we assume no responsibility for any return box that does not
correctly have its assigned Return ID Number on it):
(1) Neither I nor anyone else at my end have obtained any value from the returned item.
(2) Neither I nor anyone else at my end have made any partial or whole copies of the returned item or have distributed the item to others, and/or if hardware, neither I nor anyone else at my end have made any attempts to reverse engineer or repair the item.
(3) I am returning the item completely, including all of the components themselves, all parts, attachments, cords, connectors, interfaces, accessories, user manuals and inner boxes, if any. If the returned item is new, I am returning it in unmarked and like-new condition, however, if it was sold to me as a used item, I am returning it in the condition I received it.
(4) When I ordered this item that I am returning, I used my accurate and complete real name, address, email address, and phone number, and paid for it completely and legitimately.
(5) This item was ordered by me for my use only, and not on the behalf of or the behest of anyone else that I did not completely and accurately disclose when I placed my order, nor have I attempted to use this item on anyone else.
(6) I will never do business with Consumertronics again either directly or indirectly; Consumertronics may consider any and all future monies I may send it as outright and non-refundable gifts.
(7) The amount of refund agreed upon by me and Consumertronics is the full amount we have agreed upon to permanently end this matter, and it includes the refund for the item itself plus all applicable S/H and all other costs and expenses, if any, and will totally and forever bring a permanent end to this matter. Unless Consumertronics has explicitly agreed to in writing, I will pay for all return S/H of the item and I will not be reimbursed for my return S/H by Consumertronics.
(8) I fully understand that no refund is due to me unless and until Consumertronics has in its possession both the returned item in acceptable condition and the complete original signed and dated letter in black ink from me with all the unwaived statements found herein.
(9) All of the statements found herein are 100% accurate, factual and complete; if I have misrepresented anything found herein, I fully understand that Consumertronics may take legal action against me to include but not necessarily be limited to allegations of fraud.
WEBPAGES & COMPUTER MEDIA: ALL COMPUTER FILES (including, but not limited to computer programs, data files, and text files) ARE INTENDED FOR THE CUSTOMER ONLY AND ARE LIMITED TO INSTALLATION TO ONLY ONE COMPUTER. CONSUMERTRONICS will never intentionally post a webpage that will in any way harm your computer system (see our cookie/spyware policies above). Nor will we ever knowingly provide you a computer file, diskette, CDROM or any other computer media that will in any way harm your system. Furthermore, what may appear to have caused a computer to react badly, may not indeed be the actual direct cause or even be any cause to a computer-related problem. This is especially true today when many computer systems - even those with the best firewalls and protection software - are rife with computer infections and spyware. Furthermore, we are not all-knowing about every possible means that computer systems, hardware, media or files can be infected, damaged or destroyed or file content compromised, or how any of these will affect or be affected by any particular computer system, media, file, set of files or hardware. Therefore, CONSUMERTRONICS takes no responsibility and assumes no liability to any and all affected persons and entities for any and all problems, damages, failures, data compromises, costs and/or losses that may occur resulting from the use, accessing or attempting to access any of our webpages or computer media. IF YOU SELECT ANY OF OUR OFFERS TO BE PROVIDED TO YOU IN AN EBOOK FORMAT ON COMPUTER MEDIA, YOU MAY NOT BE ABLE TO PRINT OUT A HARD COPY OF ANY OF THE EBOOK FILES. FURTHERMORE, CONSUMERTRONICS RESERVES THE RIGHT TO PASSWORD-PROTECT AND/OR REGISTRATION CODE-PROTECT ANY AND ALL COMPUTER FILES IT PROVIDES, INCLUDING, BUT NOT LIMITED TO, EBOOK FILES (we will also provide you the password(s) and/or registration code(s) once the item is paid for in full by you (and your payment clears) so you can access the ebook). If a customer orders more than one ebook, unless he/she explicitly specifies that each ebook requires its own CDROM, Consumertronics may place more than one (and possibly all) of the ordered ebooks on the same CDROM (we usually do this only if the topics are closely related.) If you need a hard copy (or disk, if specified) of an offer of ours and ebook printing cannot be done, you must pay for the hard copy (or disk) and not just the ebook version, if a hard copy version is available (almost all cases). If you do not clearly specify whether you want the hard copy (or disk, if specified) or ebook version, we will assume that you are ordering the hard copy (or disk) version only and charge you only for the hard copy (or disk) version. NOTE: Since we do not like to provide our valued customers CDROMs in cheap paper or soft plastic covers typical of the great majority of software companies, we ship our CDROMs in CD jewel cases.
COMMUNICATIONS & SECURITY ISSUES: Much of the work we do - especially in mind control countermeasure and in energy cost savings technologies - is very controversial, resulting in powerful enemies of those who want to continue to harm, harass and bilk their hapless victims with impunity. We therefore must take extraordinary measures to protect ourselves from harm and harassment: Never attempt to communicate with us by trying to meet us in person, and all advertisements, promotions, sales, free magazine subscriptions, polls, surveys, charity, and all other communications that are not cleary for the purpose of purchasing from us or to inquire about something already purchased from us must be sent to us by snail mail - never by phone call or email - else at a minimum you have agreed to immediately pay us a $1,000 fee (plus all direct and indirect costs for all of our efforts to collect these fees) for each and every such contact with us. And do not contact us unless explicitly authorized by law and a court of competent jurisdiction to ask for or inquire about personal or private information about anyone involved with Consumertronics, or about corporate proprietary information (e.g. identities of employees/Clients/contractors/subcontractors, number of employees/Clients/contractors/subcontractors, corporate/personal incomes, specific locations of our offices/labs/shops/storage areas/suppliers/contractors, etc.) as we do a lot of security work and never divulge that information unless absolutely required to do so by law. By far, the best way to communicate with us is through email or snail mail (if time is not of the essence). Phone calls should not be made at the beginning of our relationship (unless your email was not responded to within 3 work days), and minimally as an established Client, supplier, contractor or subcontractor. That's because we are often in the labs, and electronic test procedures usually must not be interrupted to be done properly. We want to provide you the very best quality product and service we reasonably can, so our ability to concentrate on our work is critical. Also, quick, spontaneous verbal answers are not always possible, and when pressured to be done, are more likely to cause substantial errors and omissions than email or snail mail, for which we assume no liability. Also, we are in the field a lot, so we may not have immediate access to some files and data to provide answers, nor to phones or computers. However, with email and snail mail, we can usually sit down when we are free from our other duties and thoughtfully, accurately, concisely and completely respond to your question, concerns and suggestions. NOTE-1: We make and respond to all communications here in the name of "wizguru," which is the handle used often by John Williams, our CEO. However, that does not imply that the communications is by John Williams himself nor that he is anywhere near the phone or computer (often is not). John Williams and any other officer, employee or other designee of Consumertronics is authorized to use "wizguru" for all corporation-related business, and should be knowledgeable enough to answer technical questions. Typically, most entities which interface with the public do not provide callers and emailers the complete or accurate identities of their responders, neither do we, so please do not ask for the identity of any person you are communicating with. This is because GPS trackings of phone calls and ISP trackings of emails occur and pose high security risks to our personnel if they divulge exactly who they are and/or where they are or will be located on any day or time. However, since John Williams can neither be every place at once nor monitor every communication, John Williams is responsible only for those Consumertronics communications John Williams actually makes or responds to himself. NOTE-2: Because cellphone-type and computer-type devices have tracking capabilities (eg: GPS), for security reasons, we often leave these devices in places where we are not at, and with other trustworthy people or with no one answering them with no liability to us. Neither Consumertronics nor John Williams nor any other officer, employee, contractor, subcontractor or other designee of Consumertronics assume any liability for any verbal or unauthorized statements. All parties to all phone calls to and from and all accesses to webpages of Consumertronics 100% agree without any objection, qualification or reservation that any and all recordings, GPS tracking data, ISP tracking data, Online Map tracking data, and surveillance tracking data so derived (no matter when, where, why and how derived), immediately and automatically become the sole and exclusive property of Consumertronics and cannot be read, used, sold, distributed, copied, stored or acted upon without the prior and explicit written permission of Consumertronics
REPORTS: While, as with all hardware providers, there are legal limitations as to what types of hardware we can provide a Client, the only limitations we have in providing a research or other report (which does not include any hardware) are that we cannot knowingly violate anyone's proprietary or intellectual property rights or classified information rights, and if the report contains information which would be illegal, unethical, immoral or dangerous to implement, that information is NEVER provided as "How to"-type information. The format of a report may be, but is not limited to, printed document(s), computer file(s), and/or audio and/or video recording(s). A report must be explicitly contracted for in writing. All reports we provide are strictly for legal utility, educational and entertainment purposes only. Furthermore, the Client forever waives, abandons and foregoes all possible demands from us to prove anything stated in a report if such proof(s) requires: (A) For us to provide or test any kind of hardware, (B) For any of us to make any kind of personal appearance anywhere, (C) For us to provide any kind of access to our offices, laboratories, shops or storage areas, (D) For us to provide any kind of hardware, testing, support or additional reports or services not specifically and explicitly contracted for in writing, or (E) For us to provide or publish any kind of information that is classified or proprietary to us or to anyone else.
PROPRIETARY RIGHTS AND DISCLOSURE AGREEMENT: No purchase, trade or other transaction shall in any way result in a loss by or transfer from Consumertronics of any Copyright, Patent, Trade Mark, Trade Secret, or any other intellectual or proprietary Right. Furthermore, you shall not copy, duplicate, reproduce, excerpt from or store in any kind of computerized, electronic, photographic, chemical, optical or mechanical device or medium in whole or part any of our publications or software that bears a copyright notice, except our webpages, without prior written permission from Consumertronics. In the case of our webpages, you shall make no deletions, additions or other changes in them, or hotlink to them without prior written permission from Consumertronics. Furthermore, the designs of all Consumertronics hardware devices are strictly proprietary and kept strictly secret by us unless we have explicitly agreed in writing to make a set of plans or schematics available to you or you have provided us the plans or schematics as part of your purchase, and if then, only to the extent agreed upon. This secrecy includes, but is not limited to, designs, diagrams, functional descriptions, and all of the input signal (if any) descriptions that a Consumertronics device is designed to detect, modify or otherwise operate on, all internal operations and processes descriptions performed by a Consumertronics device, and all of the output signal (if any) descriptions a Consumertronics device is designed to produce, because all of these features, properties and specifications are strictly proprietary and kept secret by Consumertronics unless we have otherwise explicitly agreed in writing to make them available to you and/or to the extent that you have provided them to us in writing as part of your purchase. And in all cases where Consumertronics has provided you its plans, schematics, functional diagrams, functional descriptions, and/or input signal, internal operations and processing, and/or output signal diagrams and/or descriptions, you are strictly required to maintain them all in strict secrecy in perpetuity unless your written contract with us specifically states that you may divulge any of them (and then only to the extent agreed upon), you are legally required to divulge them by a court of law with competent jurisdiction, or Consumertronics allows in writing these disclosures (and then only to the extent permitted in writing).
MUTUAL CONFIDENTIALITY & PRIVACY RESPECT AGREEMENT: As stated herein, Consumertronics respects your confidentiality and privacy. Respect for confidentiality and privacy is a mutual responsibility to be honored by us and by everyone who contacts us for any reason. As a Client or as another person or entity who has contacted us for any reason, you fully agree without qualification or reservation to not publish or publicly state in any form or format negative things about Consumertronics or about anyone or any entity associated with Consumertronics without first obtaining the clear, explicit, prior, written permission by Consumertronics or by the ruling of a court or binding arbitrator of competent jurisdiction, and furthermore, if you violate this provision, you further agree to forever waive, abandon and forego all defenses, including but not limited to all defenses relevant to immunity, and you further agree that Consumertronics, and all of its officers, employees, agents and contractors, can then publicly explain and/or defend themselves totally at your personal expense with no liability to any of them even if their defense reveals private and confidential information about you.
NORMAL & COMMON SENSE BEHAVIOR
IS ASSUMED: We assert our right to assume in all cases what we reasonably consider
to be normal or common sense consumer behavior without liability to us - even
if our assumption turns out to be wrong. For example: Clients assume the duty
to explicitly notify us in writing within 14 days of receiving the product or
service if dissatisfied with one of our products or services, and the Client
also fully accepts the fact that we will consider the Client to be 100% satisfied
with our product or service if he/she does not notify us in writing within the
14 days of his/her dissatisfaction - even if the Client never explicitly states
his/her level of satisfaction. Another example: The Client provides us multiple
addresses showing no written shipping preference to any of them; we may then
assume that any of these addresses is an acceptable, accurate, current and complete
shipping address for the Client. Another example: If we believe that the Buyer
cheated us out of any payment due to us or property of ours and fails to fully
provide what is due to us or belongs to us within 30 days of us trying to notify
the Buyer of that situation, we may assume and report to law enforcement and
other officials (without any liability to us) that any or all items that was
provided to the Buyer was obtained by the Buyer to be used in some criminal
and/or terrorist activity, even if we have no idea what that illegal activity
may be. Another example: We clearly state below what methods of payments we
will accept and the clearance periods for each method of payment; if the Client
pays us by an acceptable method (e.g. check) that requires a long clearance
period, we may feel obligated to deposit his/her payment and we assume and rely
upon that he/she will wait without complaint or any stop payment action the
entire payment clearance period for shipment. Furthermore, we accept no liability
to you or to any third parties which exceeds the amount of money you actually
paid us for your Item or project we can not or do not undertake, complete or
ship for any reason. Furthermore, if the Client pays us more money and/or other
thing(s) of value for a product or service of ours than what we state or bill
as his/her cost for the product or service, we may assume that the difference
was intended to be an outright gift to us for which we are not obligated to
NOTE: Every Item Consumertronics's sells is intended to be possessed, used, maintained, repaired, transported and stored by or on Consumertronics and the Buyer only, and is not intended to be possessed, used, maintained, repaired, transported or stored by nor on any third party without the clear, explicit and written prior permission by Consumertronics, in which case, is strictly limited to the written permission granted by Consumertronics. Third parties include all other businesses, commercial interests, institutions, governmental bodies, and persons, groups and entities. Each repair or modification by the Buyer or by anyone else the Buyer allows or designates (except by us), if any, also require the clear, explicit and written prior permission by Consumertronics, and is strictly limited to the written permission granted by Consumertronics. Consumertronics is not liable for any permission it grants or does not grant, and is not liable for any repair or modification attempt made by the Buyer nor by anyone else (except by us), allowed or designated by the Buyer.
DELAYED ORDERS, UNRECEIVED ORDERS & UNFILLABLE ORDERS: Consumertronics, a small business where everyone works long hours to keep our Clients happy and returning to us, and which sells thousands of different makes, models, types and part numbers of hardware and has at least a million in total hardware quantity, Items may get missfiled, misaccounted for, mislaid, lost, stolen or significantly damaged when stored over periods of months and even years or from some unexpected event, or when shipped (especially when shipped to foreign countries). In about 95% of the time, Consumertronics is able to find the ordered Item in under 15 minutes, pack it, ship it to the Client, and the Client receives it within a few days of his/her payment clearance. However, in about 5% of our orders, an Item cannot be found in our inventory within 15 minutes, or is found but significantly damaged from what we have described. Or we find the Item just fine, pack and ship it, and it gets lost or stolen in the mails; in some of these cases, we may not be able to find the shipping receipt for the Item to track it. Our policy is that we will spend whatever hours are reasonably required to find Items missing at our end, replacements for damaged Items, or shipping receipts (to prove shipment), based on the price of the Item. We divide the price of the Item in dollars by 10, the result being the maximum amount of allocated time we will search for an Item, but no more than 6 hours total (which covers all of our storage areas) and no less than 2 hours (which covers all of the reasonable places the Item could be at in storage). If we are unable to locate the Item as described and/or its shipping receipt in time for the Client to receive the Item within 30 days from his/her payment clearance (assumes Client has U.S. address, foreign addresses may take longer than 30 days - even months for some foreign countries), we may not provide any refund for the Client - the Client fully accepts this possibility as a condition of buying from us. The options we may exercise with no liability to us are: (1) If we either can't locate the Item in our storage or we find it in significantly worse condition than described, and if the fault is provably mostly or all our fault, we refund the Client 100% of what he/she paid us. (2) The Client picks another Item(s) that we sell and can find of equal or greater value (price + S/H; upto 10% greater value, limited to $50 max greater value) than the Item missing/damaged at our end to totally substitute for it with no extra cost to the Client (if the substitute Item is more than 10% or $50 greater in value, Client pays the difference). (3) The Client may pick another Item(s) that we sell and can find of less value (but at least 50% of the price) than the Item missing/damaged at our end to substitute for it, and we pay the Client the difference with a partial refund or store credit. (4) The Client allows us to spend more time (up to another 90 days) looking for the Item or shipping receipt when we are in our storage areas and have free time for additional searching at no extra cost to the Client (about 50% of the missing Items and lost shipping receipts turn up within 90 days of being needed, or the Items 'lost in the mails' are returned to us as Undeliverable by the shipper because of a damaged or missing label or address mistake). Only one option of the above applies. If we are certain that we shipped the Item but for any reason cannot find the shipping receipt, or the shipping receipt is not legible or does not have a trackable number, we assume no liability for the missing Item. USPS, UPS and FedEx keep detailed records of all Items they ship and can, if they wanted to, provide sellers detailed shipping data even if the shipping receipt is lost or unusable, in which case if they don't provide us the shipping data, it is not our fault. In cases where the Item is stolen or lost after we have shipped it, those policies are addressed elsewhere herein, including payment of Post Office insurance proceeds to Clients.
PARTS, ACCESSORIES AND CONSUMABLES: Accessories (eg: required cables, and peripherals, manuals, containers, etc.) are included with a purchase only if they are specifically and explicitly promised or contracted for. If the Item is sold as new, all Item parts and included accessories will be new, unless explicitly described or contracted for as used. If the Item is sold as used, all parts and accessories of the Item may be used, but some of which may have been repaired or refurbished, or replaced with new parts and/or accessories; however, we are not required to replace or refurbish worn, damaged or missing parts or accessories in used Items, but we are required to disclose to our Clients before purchases all known damaged or missing parts or accessories. We may be unfamiliar with Items that we, ourselves, did not make, as to their appearances, functions and completeness (we ourselves test most Items prior to shipment). Most Items we sell come with one or more types of consumables, usually batteries, but may also be paper, toner, fasteners (eg: staples, tape, etc.), ink, bits, blades, cutters, etc. If the Item is sold as new, unless otherwise specified, we provide the Item with all new consumables it requires and normally comes with in its original package. If the Item is sold as used, while we still try to provide it with all new consumables it normally comes with, we are not required to do so because some consumables may be difficult to acquire new (eg: some tool consumables), and we may assume without liability to us that the Item was purchased as a replacement Item in which the Client already has on hand its required accessories and consumables. Whether an Item is new or used, the purchase of an Item from us does NOT include a lifetime supply of consumables for it, nor accessory replacements, nor repairs / refurbishes / upgrades (beyond what is explicitly stated herein), nor parts replacements, unless in writing specifically and explicitly offered or contracted for. We may accept separate contracts for repairs, refurbishes, upgrades, consumables, and/or accessories.
These policies do NOT establish any partnership, joint venture, employment, franchise, sales representative or agency relationship between Clients and CONSUMERTRONICS nor with anyone associated with CONSUMERTRONICS. CONSUMERTRONICS reserves the right to do business with or not to do business with whomever we see fit, within the limits of the law, without any explanation or liability. CONSUMERTRONICS is a closely-held company, which makes all of its decisions based on The Church of Bible Prophecy's religious beliefs and doctrines of its owners - with no liability to CONSUMERTRONICS, to any person or business associated with CONSUMERTRONICS, to The Church, to its owners or to Church Officials. NOTE: About 99% of the items sold by Consumertronics and ABQ-Techzonics (a subsidiary of Consumertronics), sold by either Consumertronics or ABQ-Techzonics on eBay, Amazon.com or through any other company or person, and/or sold by any other subsidiary of Consumertronics, if any, are owned by The Church of Bible Prophecy. The Church's practice is to donate its Items to Consumertronics or ABC-Techzonics totally at The Church's discretion, et al, immediately following the business's confirmation of the items' sales. All resulting profits from all such sales and all withdrawals from sales, are immediately and automatically donated back to The Church. Items purchased on eBay, Amazon.com, and other businesses from monies accumulated by Consumertronics from its sales thru those businesses are also donated back to The Church, based on the Church's policies.
EVERYTHING WE MAKE, SELL OR PROVIDE IS MADE, SOLD OR PROVIDED BY CONSUMERTRONICS ON A WITHOUT RECOURSE BASIS TO US WITH THE EXCEPTIONS EXPLICITLY STATED HEREIN, IF ANY.
LIMITED PUBLICATIONS WARRANTY POLICIES, AND LIMITED SPECIAL PROJECTS NON-HARDWARE WARRANTY POLICIES
NO OTHER PUBLICATIONS WARRANTY, AND NO OTHER SPECIAL PROJECTS (NON-HARDWARE) WARRANTY APPLY (EXPRESSED OR IMPLIED) EXCEPT THOSE LIMITED WARRANTEES EXPLICITLY STATED UNDER ALL OF THE STATED POLICIES OF THIS WEBPAGE THAT CAN BE APPLIED TO THE PURCHASE OR USE OF PUBLICATIONS, SOFTWARE OR SPECIAL PROJECTS.
Although in our assessment, the circuits and devices described in our publications work as well or better than others approved by the bureaucracy (e.g. FCC, FDA, UL), WE CAN MAKE NO CLAIMS THAT REQUIRE PRIOR GOVERNMENTAL, INDUSTRIAL, COMMERCIAL OR PRIVATE APPROVAL, NOTHING IS SOLD AS PLANS OR HOW-TO-DO MANUALS UNLESS EXPLICITLY AND SPECIFICALLY DESCRIBED AS SUCH, AND WE TAKE NO RESPONSIBILITY FOR ANYTHING AND EVERYTHING WE PUBLISH.
WE SELL HARDWARE AS EITHER FUNCTIONAL HARDWARE OR NON-FUNCTIONAL HARDWARE. THIS SECTION APPLIES ONLY TO ITEMS SOLD AS FUNCTIONAL HARDWARE. NO WARRANTEES OF ANY KIND APPLY TO ANY ITEM SOLD AS NON-FUNCTIONAL OR DESCRIBED AS BEING SOLD "AS IS" OR SIMILAR WORDING (e.g. all Salvage hardware, all Special Projects devices because they are sold as models, mockups, replicas and novelties only, and all Surplus and Online Auction hardware that is described as non-functional or as being sold both as functional and "as is" or similar wording)). "FUNCTIONAL HARDWARE" IS HARDWARE DESCRIBED ON ONE OF OUR SURPLUS HARDWARE WEBPAGES OR ON ONE OF OUR ONLINE AUCTIONS AS FUNCTIONAL HARDWARE AND THAT IS NOT DESCRIBED AS BEING SOLD "AS IS" OR SIMILAR WORDING. NO OTHER HARDWARE WARRANTY APPLIES (EXPRESSED OR IMPLIED) EXCEPT THOSE LIMITED WARRANTEES EXPLICITLY STATED UNDER ALL OF THE STATED POLICIES OF THIS WEBPAGE THAT CAN BE APPLIED TO THE PURCHASE OR USE OF HARDWARE.
WE ARE UNABLE TO TOTALLY TEST EVERY PIECE OF FUNCTIONAL HARDWARE WE SELL. Several reasons may apply, including unavailability of test equipment, inadequate test set-ups, or lack of accessories, cabling, user manual or technical manual, or it is just not reasonably cost effective for us. However, in many cases, we are able to partially test Item functions (e.g. power-ON testing). For example, a water leak detector may require an several underground leaky pipes to realistically test it, which would be expensive and time-consuming to do, so the best we can reasonably do is a power-ON test and a simulated functional test (e.g. using partially wet sponges). Therefore, we cannot guarantee 100% functionality, reliability and safety of functional Items we sell. In all such cases, the manufacturer's guarantee, warrantee and other policies fully apply. However, if we are selling many of the same Item (e.g. CD4022 ICs), we will do our best to sample test the Item. And if we are selling more than one of the same Item type and receive complaints that the Item type is not satisfactory, we will discontinue it. And if the problem with the Item is something we can reasonably repair or replace at Consumertronics, we will do so at no repair charge or modification charge to the Client (Client pays for return S/H).
FOR ALL HARDWARE WE SELL, THESE OUR POLICIES STATED HEREIN FULLY APPLY. In addition, if the hardware originated from or was made by Lone Star Consulting, Inc. (www.lonestarconsultinginc.com, El Paso, TX) or from any by other company who has notified us of such, their policies also fully apply, including but not limited to their guarantees/warrantees. In addition, if we sell the hardware through another business (e.g. Online auction site), their policies also fully apply. If there is a conflict of policies, Consumertronics has the full discretion of determing which policy(ies) apply and which do not apply, and without liability to us. Neither Consumertronics nor its employees act as agents, representatives, employers or employees of any manufacturer or distributor for any hardware Item it sells, and Consumertronics's business relationships to manufacturers only extend and are strictly limited to the purchases and perhaps value adding of their products for it to resell.
THEORY OF OPERATION. The makers (manufacturers) of all Items we sell are totally and exclusively responsible for providing any and all explanations and/or proof which may be required on the theory of operation, functional principles or similar as based on their own policies. Consumertronics disclaims all such responsibilities. If this is an important issue to a Client, the Client must first contact the original manufacturer prior to deciding whether or not to purchase the Item. If an original manufacturer refuses to disclose such design and/or operational details because of its policies or proprietary rights, it may do so without any liability to itself or Consumertronics.
SOME FUNCTIONAL HARDWARE ITEMS WE SELL WERE THE BASIS ITEMS FOR DEVICES INTENDED TO BE LATER CUSTOMIZED BY THEIR MANUFACTURER. Basis Items are always new Items. Basis Items are designed to be fully-functional stand-alone, fully-packaged, turn-key Items with all the basic functions described in the Items' descriptions. Basis Items enclosures, layouts and some times specific circuit designs were selected by the maker to accommodate both the Basis Item type and the Item's not-installed customizations. Therefore, enclosures, layouts and/or designs may vary even for the same Item type. And therefore images of a Basis Item may not be posted, or be nominal images showing enclosures, layouts and/or designs commonly used by the manufacturer for that Item and not images of the exact Item itself that will be shipped to a Client once sold. Also, posted images of Items we sell in quantity are not likely to be the exact images of the actual Items shipped (e.g. ICs). In Item Description, if terms like, "Basis Item", "Image may not be of the specific Item shipped", "Image is a nominal image" or similar wording, or if more than one of the Item is available for sale, means that the Item is a Basis Item and/or a quantity Item, and the actual Item the Client receives may differ in appearance (but not in function) from the image Item.
Although in our assessment our products work as well or better than others approved by the bureaucracy (e.g. FCC, FDA, UL), WE CAN MAKE NO CLAIMS THAT REQUIRE PRIOR GOVERNMENTAL, INDUSTRIAL, COMMERCIAL OR PRIVATE APPROVAL. BECAUSE OF FEDERAL AND OTHER REGULATIONS, WE CAN PROVIDE MANY RADIO FREQUENCY (RF), PHONE, MEDICAL and SURVEILLANCE DEVICES (AS WELL AS ALL OTHER DEVICES THAT MAY BE ILLEGAL TO POSSESS OR USE IN A FUNCTIONAL FORM) ONLY AS REPLICAS, MODELS, MOCK-UPS or NOVELTIES (WITH NO WARRANTY AS TO FUNCTIONALITY, AND NO USER MANUAL, SCHEMATICS OR BATTERIES PROVIDED). IF AN ITEM HAS CERTAIN USES WHICH MUST BE APPROVED BY A BUREAUCRACY AND OTHER USES WHICH NO APPROVAL IS REQUIRED, WE CAN PROVIDE THE ITEM ONLY FOR THE LATTER USES (e.g. Dental picks are sold by both dentists for dental/medical uses and by tool/hardware stores for mechanical uses; if we sold dental picks it would be for mechanical uses only). 1-3 simple final assembly steps are required to convert them into functional units. All parts and descriptions are included with the device for these simple steps for your legal utility, entertainment and educational purposes only. We do not recommend or imply that any illegal conversion, other modification or use be made, and all licensing and approvals required to convert a device to actual functional status are the sole responsibilities yours.
EXCEPTIONS TO WARRANTY: CONSUMERTRONICS ASSUMES NO LIABILITY AND EXTENDS NO WARRANTIES, EXPRESSED OR IMPLIED, FOR USE OF ANY ITEM IN ANY MANNER EXCEPT WHAT IS LEGAL, SAFE, AND EXPLICITLY DESCRIBED IN EITHER ITS MANUFACTURER'S USER MANUAL (unless stated otherwise, usually not included with eBay hardware) OR BY US IF INTENDED OR USED FOR A DIFFERENT USE OTHER THAN WHAT THE ORIGINAL MANUFACTURER HAD INTENDED (e.g. dental picks, while originally intended to clean teeth, but sold by us for mechanical uses such as for cleaning electronic boards), OR TO ANYONE OTHER THAN THE ORIGINAL PURCHASER. Note that not every function and feature of some hardware items may have been tested by us, as we sell such a huge variety of hardware items on eBay, many of them unique and many without User Manual, that it is not uncommon for us to lack the knowledge of how an item is supposed to function in its every respect or all of its features (some which may be undocumented), as well as we may lack the often high specialized equipment usually required to thoroughly test some items, and some items are sold and shipped packaged new or sealed with no access to test any function or feature. In some cases, about all we can do is a power-up test. And some items may have so many functions and features that it would take an unreasonable amount of time and resources to individually test each one so sample testing and/or most important function/feature testing are done instead. NO OTHER WARRANTIES OR LIABILITIES TO US APPLY, EXPRESSED OR IMPLIED, EXCEPT THOSE EXPLICITLY STATED UNDER THESE POLICIES. ALL HARDWARE WARRANTIES ARE ALSO NULL AND VOID UNDER ANY OF THESE CONDITIONS:
ONLINE AUCTION POLICIES
THE POLICIES STATED
IN THIS SECTION APPLY ONLY TO OUR ONLINE AUCTION SELLERS, BIDDERS, BUYERS (i.e.
WINNERS), AND INQUIRERS, AND TO OUR ABQ-TECHZONICS STORE, AND ARE IN ADDITION
TO ALL OTHER POLICIES STATED HEREIN APPLICABLE TO THE TYPE OF ITEM PURCHASED
(e.g. Hardware, Book/Manual), AND TO THE TYPE OF CONTACT MADE WITH US OR ABOUT
HOW TO PAY: Pay by Approved PayPal, check, money order, VISA, MasterCard, Money Transfer Service (MTS), or pre-approved trade.
APPROVED PAYPAL (we, firstname.lastname@example.org, are Verified PayPal Merchants): PayPal with a US address. If your win + S/H exceeds $99 total, your address must also be Confirmed and your PayPal is not paid for using a credit card. If you already have a valid and current PayPal account and do not automatically qualify as an Approved PayPal, inquire by email for possible pre-approval. We treat Approved PayPal same as cash and ship right away. No partial PayPal payment or multiple payments that include a PayPal is accepted.
CHECKS: Business and Personal Checks: For all checks, we hold the order for 10 work days for payment to clear before shipping.
MONEY ORDERS (MOs): Postal MOs, Money Transfer Service (MTS), and Business and Personal MOs: We treat all approved USA and Canadian Postal MOs and MTS same as cash and ship right away (Note: Identity must be verifiable, address must be confirmed USA, and eBay rating must be at least 50 and 95+% positive, else we must clear same as personal check). For all other MOs, we hold the order for 10 work days for payment to clear before shipping. If Canadian Postal MO, MO must be made in $US. Note that MTS payments must be made out to an actual person, which will be John Williams, even when applied to a business purchase because MTS apparently does not accept payments made out to organizations. We are in business in New Mexico continuously for decades - more than a decade at the same location - so while MTS is often not a safe way to go with Online Sellers who are not established or foreign, for well-established U.S. merchants like us, MTS is safe and can be the best way to go for U.S. Buyers if you need the Item immediately.
CREDIT CARDS: VISA and MasterCard (MC): Sorry, we no longer accept credit cards or debit cards due to very excessive fees.
TRADE: Pre-approved value (based on what the item(s) you own and wish to trade is worth to us and your claimed make(s), model(s), condition(s), completeness(es), quantity(ies), quality(ies), and your S/H to ship to zip 87112 (as we also deduct from win amount reasonable S/H for pre-approved trade)) is required in writing. In addition, your trade must be acceptable to us within 10 days of its arrival to us, else the trade portion of the deal is off with no liability to us, and you must promptly pay the pre-approved value with valid check or MO plus our return S/H to you within 60 days before we can ship your win to you. If your item's pre-approved value + its S/H to 87112 are greater than your win + its S/H to you, we will also pay you the difference upon our acceptance of your received trade item(s). Do not ship us any trade item until it is pre-approved by us in writing and you've won this auction, else we take no responsibility for it. For electronic, computer and other items we are looking to trade or buy, please click on the About "me" right of my Seller name (Troodont), then click on "items4trade" hotlink. To apply for written pre-approval, email me, John Williams, at: email@example.com (put in Subject Line: "ONLINE AUCTION TRADE INQUIRY"), and detail your proposed trade item(s), and your name, address and phone #.
COMBINED WINS - SAVE MUCH S/H $$$!: For eBay winners, S/H is stated under, "Shipping and payment details" for each Item. Should you win more than one of my auctions and you pay for them all at the same time, total S/H will then come to the full S/H for the Item with the highest S/H, and then only half S/H for each additional Item you win. I don't offer all of the Items I offer at any one time all of the time - so should you need any of my other Items now or in the future, this is the time to SAVE MONEY, bid on all Items when they are all available (instead of having to search for them later), and stock up while making one convenient money-saving and time-saving payment.
COMBINED PAYMENT TYPES: We can accept combined payments consisting of Trade and Check or MO (excludes PayPal, VISA and MC). Policies for Trade, Check and MO fully apply.
MY NEGATIVE FEEDBACK: EBAY HAS ADOPTED THE UNFAIR-TO-SELLERS POLICY THAT SELLERS CAN NO LONGER LEAVE NEGATIVE FEEDBACK OR EVEN NEUTRAL FEEDBACK TO BUYERS - ONLY POSITIVE FEEDBACKS. This insane eBay policy change has resulted in extreme anger among some eBay Sellers who rightfully view it not only to be patently unfair but that it nullifies the validity of the eBay feedback system as a practical and reliable means of judging an eBay user's honesty and reliability, and along with other recent really dumb eBay policy changes and jacked-up fees, may result in the demise of eBay. Unfortunately, while eBay has nullified the validity of its feedback system, some eBay Buyers with limited comprehension of statistics still rely upon eBay's feedback scores for judging Sellers; therefore, Sellers are still affected by eBay's invalid FB system.
ABUSIVE AND/OR UNFAIR BUYER BEHAVIOR TOWARDS US: You agree without objection, qualification or liability to John Williams or Consumertronics that any of the abusive and/or unfair types of feedback or other type of behavior described in this paragraph are, for lawsuit, law enforcement, regulatory, loss of all good customer privileges and protections, and all other purposes, to be legitimate causes of action against you to include, but not necessarily be limited to, breach of contract, unfair trade practices, fraud, misrepresentation, negligence, extortion, conspiracy, libel, slander, defamation of character, and/or stalking: (A) RETALIATORY, EXTORTIONARY AND BUYER SCAM FEEDBACK: If you leave negative feedback or neutral feedback against John Williams which can be reasonably interpreted by Williams as retaliatory or extortionary, or which otherwise reasonably appears to Williams to be a part of a Buyer scam against Williams, your feedback is deemed abusive and unfair feedback. We are aware and on the alert for numerous eBay Buyer scam tactics. (B) SALE, OTHER CONTRACT OR ANY OTHER TRANSACTION NOT MADE DIRECTLY THROUGH AN ONLINE AUCTION OR SALE, AND WHERE WHATEVER YOU CLAIM WENT WRONG WAS NOT JOHN WILLIAMS'S FAULT: If you leave negative feedback or neutral feedback against John Williams which does not relate 100% to our Online Auction or eBay Store sale transaction with you but includes any other Item, contract, transaction, contact or factor not included or directly related to the specific eBay transaction between us, or was not the fault of John Williams (e.g. you provided Williams with an invalid shipping address), your feedback is deemed abusive and unfair feedback. (C) "LAST MINUTE" NEGATIVE FEEDBACK OR NEUTRAL FEEDBACK: If you leave negative feedback or neutral feedback against John Williams within 96 hours of the close of the feedback period permitted by the Online auction or sale site without first informing Williams specifically, explicitly and by email between 96 and 168 hours prior to the close of the feedback period that you may or intend to leave negative feedback or neutral feedback against Williams within this 96-hour period (so Williams can reasonably try to resolve matters with you on an emergency basis if feasible, e.g. by reshipping Item on an expedited basis), your feedback is deemed abusive and unfair. (D) LATE REPORTING OF A MISSING OR DEFECTIVE ITEM: If you allow more than 30 days from date of sale or auction close or 15 days from receipt of Item, whichever is longer, to transpire without complaining to John Williams explicitly and by email about a missing or defective Item and then leave negative feedback or neutral feedback based upon your allegation of a missing or defective item, your feedback is deemed to be abusive and unfair. (E) IF YOU RETURN AN ITEM TO US THAT YOU ARE NOT ENTITLED TO BE REFUNDED FOR AND DEMAND A REFUND FOR IT, OR YOU DEMAND A REFUND FOR AN ITEM YOU HAVE NOT RETURNED TO US: We are well aware of the switcheroo scam where Buyer buys a junk item for real cheap somewhere, then buys the same Item type on eBay that is in much better condition, then complains that the Seller sent him/her the junk item, then returns the junk item for a refund. We put a plastic or metal seal on most of our items or mark them with a special fluorescent paint as a seal to prove whether or not the returned item is the actual item we shipped to the buyer. We are also aware of the scam where a Buyer will buy something from eBay for a short intense use, then return the item for refund used up (eBay Sellers are not lending libraries!). If you demand a refund for an Item you fail to return to us first, or if you return an Item to us that is damaged or destroyed from abnormal or abusive use, or that does not have the defects you claim it has, or that has a seal on it that was tampered with, or that is not the same item we sent you and demand a refund for your return, that is considered to be abusive and/or unfair behavior towards us. (F) ANY OTHER ABUSIVE AND/OR UNFAIR BEHAVIOR TOWARDS US: Any action by you relevant to John Williams or Consumertronics which is reasonably believed by John Williams to be threatening, extortionary, profane, obscene, fraudulent, false accusation, slanderous, libelous, defamatory and/or abusive or unfair in any other way is deemed to be abusive and/or unfair behavior towards us.
Furthermore, you agree without objection, qualification or liability to John Williams or Consumertronics that if Williams reasonably believes that your behavior towards him is abusive or unfair as described above and is also apparently related to a scam/fraud or extortion attempt or physical threat or harassment/stalking against Williams or anyone associated with Williams, that Williams may report your behavior to and file complaints against you with the FBI, Department of Homeland Security, Interpol, your local law enforcements, and/or other law enforcement entities, as well as filing lawsuit, and filing other legal and/or regulatory complaints against you. NOTE: John Williams never buys, sells, trades, gives away or distributes customer information about any of his good customers (i.e. "good customers" are Buyers who pay for Items in full within 30 days of sale, and who don't try to steal from, extort, scam, threaten or harass Williams or anyone else) (about 95% of all of Williams's Online auction site customers are good customers). Furthermore, without a court order from a court of competent jurisdiction, John Williams has never and will never divulge information on his good customers to any government or corporate entity. However, when a Buyer tries to scam, swindle or extort money from Williams or otherwise threaten Williams, especially using a stated or implied -FB or neutral FB threat or physical threat, Williams will assume that the Buyer has a criminal mind, and furthermore Williams may also assume that the Item purchased from him by the Buyer is intended for criminal or terroristic purposes and Williams will report the same to various law enforcement and security entities with or without notice to the Buyer. Buyer fully agrees without reservation or qualification that all such assumptions and law enforcement and regulatory reporting and complaints made by John Williams about Buyer is without liability to John Williams or Consumertronics.
VERY SERIOUS CONSEQUENCES TO BUYERS FOR NEGATIVE OR NEUTRAL FEEDBACK: Just like everyone else, we do make mistakes now and then. We want all good Buyers to return to us for their future purchases, and many do. When the problem is caused by us, we will go way out to correct the problem. For example, we recently mistakenly shipped +5VDC voltage regulators in TO-220 packages when our customer ordered the SMT version ($6 Item). We spent 4 hours tracking down the SMTs, and shipped them to him at no additional S/H. In every case where we are wrong, we are eager to work with the Buyer to refund some or all of the purchase, replace some or all of his/her order, repair Item, etc. to make things good, so there is never a reason for any Buyer to leave us with -FB or nFB. Note that eBay does NOT consider nFB to be actual neutral feedback, and applies all of the penalties to it as -FB except you don't lose a +FB as the result, so we regard nFB with same harshness as we regard -FB. Virtually all of the -FB and nFB we have received in the last year was the result of a problem that was mostly - usually entirely - Buyer fault, including us not permitting Buyer extortion or fraud attempt, shipping Item to Buyer's eBay Shipping address when Buyer had other address in mind but didn't tell us, using -FB to complain about a non-eBay or an unrelated eBay deal with us, providing the Buyer with the Item as exactly described in our eBay description of it, -FB because Buyer does not like Veterans, engineers, men, etc. The primary reason we have found for -FB and nFB is crooked Buyers using the FB system to extort or defraud money from Sellers, for examples, refusing to pay the stated S/H, demanding more Item units for the same price, demanding expedited shipping at the price of ground shipping, returning an Item for refund that was not same Item we shipped (we use Keller seals and/or special fluorescent paint, etc. to positively ID many Items we sell). We never cave in to Buyer extortion, scam or other fraud attempt, and we almost always complain to eBay, PayPal and/or others when it happens. We consider false and extortionary FB to be a very serious offense. We are in the process of preparing lawsuits against a few of our many hundreds of Buyers at this time (as stated in our Item description, the policies described on this webpage apply to all eBay purchases), and have reported extortion attempts to law enforcement (e.g. we recently reported a Buyer who tried to extort money from us using a scam because Item he bought from us could be abusively used in a criminal or terrorist act). Furthermore, Buyers who leave us -FB or nFB are forever forbidden to buy from us again without our written, prior permission - any future monies they send us - whether or not through an Online auction site - is regarded as outright gifts, and any future attempt to buy anything from us is actionable harassment and attempted fraud. We offer so many different kinds of Items and mostly at very good prices and again, we never cave into extortion and fraud attempts, we report most of them and Buyer extortion/fraud risks losing a lawsuit against us where we ask for large punitive damages, so Buyers resorting to -FB and nFB for any issue which we are either not significantly at fault or we are at fault and Buyer won't/didn't adequately work with us so we could fix the problem, are stupid and reckless moves which only cut their own throats. One Buyer told us, 'So what if you ban me, I can buy ICs anywhere.' We have 1,000,000+ ICs in 1,000s of part numbers - many of our electronic parts (and other parts and equipment) are very rare or "obsolete." One day, this Buyer is going to need that certain IC or other part only we are selling or selling cheap, and many other IC sellers require large minimum orders, and he will have lost big then.
Again for all sales, including Online auction and store sales, we always accept approved PayPal, Postal MO (U.S. and Canada), and Money Transfer Service (MTS) - we ship right away upon their receipt barring some unforeseen situation which prevents shipment within 2 work days. We reserve the right to refuse any other form of payment without liability. We must receive acceptable payment within 10 days of auction close or no +fb (possibly -fb). If the Item is to be shipped to a New Mexico address, include an additional 5.8125% (NM's Gross Receipts Tax). All Consumertronics policies are at this webpage: www.consumertronics.net/policies.htm. - Thanks, John Williams, M.S.E.E. (firstname.lastname@example.org)
To our SELLERS: Thank you for offering a very useful or interesting Item for us to bid on. If we win your auction and am satisfied with the transaction, we certainly will be looking forward to bidding on your future auctions and leaving you positive feedback. Please note that it is very important to us that you fully and accurately describe the Item you offer either in its Online auction/sale description page or in email to us. The one thing we really hate in dealing with some Sellers is their evasiveness and refusal to provide straight answers to my email inquiries for details. It is our policy that if we like the seller and his Item is one we need a lot, we don't mind bidding high - even near retail! There are times we will aggressively bid to the bitter end if necessary to win an Item!
To our BIDDERS: Thank you for bidding on our Item. Please bid high and often on our auctions and you will stand a much better chance of winning one of our fine Items. Most items we sell are unique or limited-quantity items, so if you don't bid to win, it might be a long time before you see it again! Please bid only if you are a serious buyer. Snipe bidding (i.e. waiting until the last minute to bid) is a popular tactic with many Online Auction bidders. Since many Online Auction bidders don't bid until the very end of the auction, if you are serious about winning our Item, at a minimum, place your maximum winning bid now in case you forget about the closing or something comes up to prevent you from bidding at the closing. Then write down the closing date and time and be sure that you are on our Item page towards the end so that you will be there to, if necessary, tweak your maximum bid so you won't forever lose to a bidder who bid a tiny percentage more than your anticipated maximum. Waiting until the last moment to place a bid is additionally risky because Online auctions and sales are not the only way we sell our Items, and if we've placed an Item on Online auction and there are no bidders or online auction-related inquiries about it, we are free to at any time withdraw the Item and sell it through one of our webpages or to any other of our customers or to dispose of it in any other way. Furthermore, we do not relist some of our Items that close with no bidders, for various reasons. In short, if you fail to bid on our Item, or you wait until the last minute to bid on it and we've withdrawn it with no bids, we cannot take your hidden intentions into consideration, nor can we then uncommit the item to another buyer to sell it to you at any price. Furthermore, when we've committed an Item for online auction, during its auction process, we cannot offer it to anyone else until and unless its auction closes without any bidder for the Item, or it closes with a winning bidder (i.e. buyer) and the winner does not pay completely for the Item or fails to provide us adequate, correct, verifiable, legible and non-conflicting shipping and payment information within 30 days of end of auction. As popular as snipe bidding is for our Items, your risk of losing the Item to a snipe bidder is high UNLESS YOU HAVE PLACED A SERIOUSLY COMPETITIVE BID FOR IT! Please place at least one bid as soon as possible - else you risk waiting for nothing and losing out. Please also note that occasionally we will simultaneously offer the same unique Item both at auction and in our eBay Store listing categories. Because of the way eBay works, first deleting an Item from a category, then listing it in another category, then if it doesn't sell there, doing a reverse deletion/listing is cumbersome, time-consuming and cost extra money, we will sometimes just simply list the unique Item in the other category (sometimes we also do this by mistake). All multiple listings of the same unique Item is with the understanding that if the Item sells in one category, any offer for it in the same or other category(ies) instantly becomes null and void and we will delete it/them as soon as we can, and if there are multiple buys of the same Item, the first buyer of it will get the Item. Since our auction start prices are virtually always lower than our Store prices, to save you money, we advise that you bid on our Items in the auction if they are auctioned at the same time.
To our BUYERS and WINNERS:
........When You Buy or Win from us, Please let us know Who You Are and What You Won Completely and As Soon As Possible (in clear, legible writing/printing): We sincerely want to be able to fill and ship your order to you accurately and as fast as reasonably possible. However, surprisingly, too many Online Auction winners either take too long to pay, or don't provide adequate, legible, correct, verifiable and non-conflicting information relevant to the auction they won (typically, just sending a difficult-to-identify payment in an envelope with no note or letter with any details!). We require accurate and complete: Name, shipping address, email address, phone #, and the Online Auction auction number and/or description of Item won. We will ship to the shipping address provided to us by your Online auction house (e.g. eBay); and if you pay by PayPal and your PayPal shipping address differs from your Online auction house shipping address, we will assume that either address is correct for you (it only takes about 5 minutes to change your eBay or your PayPal shipping address, and the customer ALWAYS assumes total responsibility that both his/her eBay and PayPal shipping addresses are his/her correct shipping addresses). Please note that if your email address is invalid or requires that we go to a website to seek permission for it to go through, we assume no responsibility for contacting you - make sure that your email address is valid and that you have pre-authorized us to email you information relevant to your purchase in an unfettered manner. Also helpful in your email is the Title of what you bought from us, and your check/MO/MTS number (or PayPal or credit card data). This should all be on a SEPARATE paper - not just on your check/MO. We both end up happier if there are no delays relating to lack of correct information to get your Item to you as quickly as we can - the sooner we can ship to you the sooner you receive the Item and the sooner we no longer have to handle and store it. We take no responsibility for delays, errors and any other foul-ups that occur because the Online Auction site winner has not clearly, completely and accurately provided us this relevant information. Many of the items we sell on Online Auction sites we have only one or a very few of, so it is very important that a sold item is shipped to the actual winner of the item. Also, we register each copy of our sold publications (all are copyrighted protected) to its actual buyer as a token of our special appreciation to our buyers, and to help protect our copyrights. We reserve the right to refuse to ship to a non-verifiable or unconfirmed name or address.
........Please Pay with Money Order or Check in $ U.S. - Postal MO, Money Transfer Service (MTS) or approved PayPal is Best - and Pay Right Away! Postal MO, MTS and approved PayPal are treated same as cash, and we fill and ship right after receiving full payment. If you are Canadian, Canadian Postal M.O. made out in $ U.S. is required. For any check (including cashier's and certified) or other type of MO, we must allow for at least 10 work days for payment to clear before we will ship (that's because that while any check or MO can be forged or counterfeited, these seldom occur to Postal MOs, and when they do it has been my experience that USPS honors them anyway). Sorry, we do NOT accept CODs, Purchase Orders, or On-Approvals. We expect your full payment to be in our hands no later than 10 days after the close of the auction you won - otherwise you risk bad feedback. We can't ship before payment is complete and cleared get paid - the sooner you pay for your Online Auction win - the sooner you will have it in your hands. NOTE: We reserve the right to relist, sell to another or otherwise dispose of without any liability to us any Item you won if we have not received complete payment for the Item (including its S/H) within 10 work days ("work days" exclude Saturdays, Sundays and official Holidays) of end of auction, or you have failed to provide us complete, correct, verifiable, clearly legible and non-conflicting shipping and payment information (your name, shipping address, phone number, email address, and how and when you paid or intend to pay) within 4 work days of end of auction.
........Shipping and Handling S/H Info: Our standard estimated S/H estimate details are provided on the Item description page. Our S/H estimates are based on UPS's actual Ground rates to ship the package to you plus handling charges (i.e. S/H) (if there is no UPS service to your ship address, then USPS Online data is used). Note that UPS charges are based on package destination, weight and physical dimensions. If handling charges are not separately described, they are usually about $1. However, our estimated S/H for UPS Ground will not apply, if (1) You wish 1st day or 2nd day shipping (you must pay in full with Postal MO, MTS or approved PayPal); (2) You require special packaging; (3) Your package is overweight, oversized or oddsized according to the shipper's standard requirements; (4) Your address is non-Continental USA, Canada or foreign; or (5) UPS does not deliver to your particular address. All shipping is done FOB, Albuquerque, NM.
........Comments on Item Pricing: Our Item list pricing while proportional to what we view that the Item is worth (based on our best knowledge, mostly based on how identical and similar items are selling for on eBay), is almost always much less than what one would pay for the Item (or one comparable to it) in a retail store. I (John Williams) am a Professional Property Appraiser (non-real estate) in New Mexico, and especially when it comes to computer, electronic, electrical, mechanical, scientific, and industrial manufacturing items, we believe that we make very realistic estimates of value for the online auction market. However, now and then, we do make mistakes. If we have substantially over- or under-valued an Item (or badly described it), please email us as we sincerely want to be both reasonable and correct (in Subject Line, put "Item Price/Description Dispute"), and include the specific webpage URL or other source that "proves" that our price (or description) is very out of line or badly described (you provide this information at no charge to us). Please do NOT email us with an unsubstantiated opinion as several attempts have already been made to use ruses like that to try to get us to lower the price of a valuable item. Unless you provide specific substantiation, we will probably view the email as a ruse and ignore it, and may even raise the price as the result of such an attempt. EXAMPLE: We listed on eBay for $130 a mint condition vintage pen and mechanical pencil set with gold-plated parts that its former owner told us was made in the 1940s. A check in our collectibles book did not show this exact set, but only several pens of similar construction and appearance that were made around the 1940s and priced $100+ (and without the pencil or case). An Online Auction bidder repeatedly contacted us and complained that the item was grossly overpriced because, according to him, it was only a few years old, common, and worth no more than $20. He refused to substantiate his opinion. Two listings later, we sold the set for $144 to a professional antique pen collector and reseller with no complaint about our claimed age for the Item!
........Unless Otherwise and Explicitly Stated in Writing, All Sales are Final: Unless otherwise stated in writing or explicity required by law or the contract of the Online auction service, all sales are governed exclusively by the laws of New Mexico and the policies stated herein, we offer no guarantees or warrantees for sales done through Online auction sites, and all such sales are final. However, it is our practice that if we have not accurately represented an Item (we sell many 100s of Items, some of which are unfamiliar to us and of which we have litte or no expertise in, and we occasionally make mistakes), we will refund the Buyer based on our refund policies stated herein.
........Unless Otherwise and Explicitly Stated or Agreed Upon in Writing, all Sales are Wholesale Sales: Unless otherwise and explicitly stated or agreed upon in writing prior to sale, all Online auction site sales made after Nov. 1, 2007, are considered to be wholesale sales and not retail sales. Unless otherwise and explicitly stated in writing by the Buyer to the contrary no later than Dec. 1, 2007, all Online auction site sales made on or before Nov. 1, 2007, are considered to be wholesale sales and not retail sales.
........OUR ADVERTISED DESCRIPTIONS: When we describe an Item made by someone else in our ads - whether eBay, ABQ-Techzonics or elsewhere - we try to be as accurate and complete as we reasonably can. We have 1,000s of different Items listed ranging from ICs to antiques and we are not an expert about all of these Item types, so we occasionally make a misstatement, error, oversight or omission (if we have made a misstatement, error, oversight or omission, please freely email us about it, and we will try to correct it), and we assume no liability for doing so. And many of our descriptions depend upon the representations of the Items by those who sold them to us - often verbal representations because much of what we buy is person-to-person. Item function and completeness is one issue, because like all of the big electronic parts and equipment sellers (e.g. Digi-Key, JameCo, Mouser, Allied Electronics, Newark, Farnell, JDR Microdevices, Radio Shack, etc.), we can't test every IC, transistor or resistor we sell. Item packaging is another issue. Many of the Items we obtain and sell are acquired new in their original packaging and never used by us. Much of this packaging is very old, and while the Item itself is still in new, pristine condition or perhaps just a little dusty, its package may be on its last legs. As the result, the Item's original packaging may be torn, opened or crumbly, and we may even have to replace the original packaging with a new 4-mil thick transparent plastic bag to adequately protect and preserve the Item. In some cases, we must remove an Item from its original package to photograph it for our ads or to test it. Therefore, an Item we bought in its original packaging and then sold, while very likely will be shipped in its original undamaged and unopened packaging, in some cases, the original packaging may be damaged, opened or even replaced, for which we assume no liability. If the Item's original packaging is important to you (e.g. you are a collector), we require that you clearly state that in an email to us about the Item prior to buying or bidding on it, in which case, if possible, we will set aside that Item type with the best packaging for you, else we will assume that original packaging or its condition is not important to you.
NOTE: ALL PAYMENTS MUST BE MADE IN U.S. DOLLARS. We cannot ship an Item or provide a service unless ALL owed monies are paid, received, deposited AND fully cleared by us first (no payments can be outstanding; Clients assume full responsibility for being aware of what they owe us). Whatever type, form or amount of payment we receive from a Client, we reserve the right to deposit it and apply the clearance period (if there is a clearance period), and we assume no risk or liability in depositing it. We also reserve the right to refuse any type, form or amount of payment without giving a reason and also without risk or liability. Because we consider U.S. Postal Money Orders (PMO), Canadian Postal Money Orders (also PMO; must be made out in $US), Money Transfer Service (MTS) and PayPal (PP) to be same-as-cash with zero clearance periods (PMO is the only MO or check we will consider same-as-cash as we can easily and quickly verify that it is not counterfeited or forged). Barring unforeseen situations, we always ship these orders within 2 days of our receipt and deposit (also applies if you send us cash or item of trade and we receive your cash or item of trade, we will notify you in writing, however, we are NOT responsible for cash or any other valuables sent to us - if you send cash or item of trade, be sure to pack it really well and seal your envelope well). To minimize shipping delays, always pay us by PMO, MTS, PP, Cash or Item of Trade. ALL PAYMENTS MADE TO US FOR OVER $250 MUST BE PAID BY PMO (U.S. PMO or Canadian PMO made out in $US only), MTS, PP (confirmed U.S. PayPal addresses AND cleared by us in writing only, see below), CASH ($US only), OR ACCEPTABLE ITEM OF TRADE; we will NOT ship if you make us a payment of over $250 not made by PMO, MTS, PP, cash or Item of Trade acceptable to us until and unless your payment has totally cleared to our satisfaction (see below); do NOT divide up payments so that each payment is less than $250 but total payment exceeds $250. We assume no liability nor responsibility, nor will we issue a full or partial refund for or provide a product or service for, any full or partial payment made to us (not made with U.S. currency cash) which does not clearly state on it in ink the name of the Client who is making the payment (this is to protect us from scams involving multiple claims for the same unidentifiable payment, or that we confusingly or inadvertently apply to someone else), in which case, we reserve the right (without risk or liability to us) to consider the "payment" to be an outright gift to us with no liability to us. Also, we may consider any payment or property provided to us mistakenly, in error or excessive to what is owed to us (if anything) by anyone, for any reason to be an outright gift to us in whole or part without any liability to us.
CREDIT CARD (CC) POLICIES - (Applies only if we state we accept credit cards, which we currently do not): For CC orders, a clear signature (of the cardholder for CCs) and date are required, and the provided address and phone # must be verifiable to the orderer. We accept VISA and MC orders for most book, manual and software orders, but not for any Special Projects or hardware order. CC orders must be placed by the cardholder and shipped to his address. From date of receipt of a CC order, it takes us 3-5 working days to clear and verify the CC and ship the order. We NEVER permit 1-day or 2-day shipping for CC orders. Be sure to include accurate and verifiable name, address and phone #. If we are unable to verify 100% order accuracy, we must reject it. Please note that, except for US and Canada, it is very difficult for us to verify cardholdership; therefore, if you reside in any country besides the US or Canada, before paying by CC, email us first with complete details. Else, please find some other way to pay us.
WE BUY/TRADE EQUIPMENT/PARTS ($50 min.): Can't spare the bucks to pay for your order? Don't fret - you can still get it if you have an item(s) of trade we are interested in! Let us know what you have to offer. See www.consumertronics.net/items4trade.htm for details.
WHAT WE DO, ESPECIALLY RELEVANT TO MIND CONTROL, ELECTRONIC ATTACK AND ENERGY R&D, IS CONTROVERSIAL, SO WE MUST TAKE EXTRA STEPS TO PROTECT OURSELVES AND OUR CLIENTS. NO CONTACT IS TO BE MADE USING A CONSUMERTRONICS OFFICER'S, EMPLOYEE'S OR CONTRACTOR'S PERSONAL PHYSICAL, MAIL OR EMAIL ADDRESS OR PHONE NUMBER FOR ANY DEBT, OBLIGATION, PAYMENT, DUTY OR ACTION OWED BY OR REQUIRED OF CONSUMERTRONICS. At Consumertronics discretion, any and all such contact attempts may be considered as forbidden inappropriate contact, see below, and/or as time waster contact, see above. In addition, the officer, employee or contractor so contacted, as well as Consumertronics itself, may at his/her/its discretion jointly or severally file lawsuit(s) alleging defamation of character, slander, libel, harassment, intimidation, outrageous behavior, and/or other causes of action against the person making such contact in his/her personal and/or official capacities and/or against any entity which has employed this person to make such contact, and that each and every such Defendant stipulates by attempting or authorizing such contact that any and all such legal allegations are 100% true and factual against him/her/it and furthermore, each and every Defendant agrees to forever waive, forego and abandon all Defenses, including but not limited to immunities and furthermore to immediately indemnify and hold harmless all Consumertronics Plaintiffs for all direct and indirect costs, fees and expenses of Plaintiffs in investigating and pursuing all such legal actions. Furthermore, each and every Defendant the Court rules against agrees to immediately and fully pay without protest or delay any and all such awarded compensatory, punitive and/or other damages, if any, regardless of the size or type of the damage awards.
Because we may receive 100s of letters, phone calls and emails per week, common sense and simple time-savers (e.g. an SASE, well thought out inquiry, clear and concise description) often make our job to provide you our best response much easier. Do NOT make any unsolicited promotional phone calls or emails to us! Instead, send us your offer by mail or. Include your SASE. Because of 9/11-related concerns, our controversial security products, and tactics of jealous competitors, we have had to tighten our security.
If you approach us as any kind of author, researcher, reporter, producer, investigator, legal entity, competitor, potential Client, Client, Client representative, or in any other similar capacity, you MUST first, unless otherwise explicitly forbidden by law or by a court of competent jurisdiction, fully, clearly and accurately identify yourself, disclose to us all of your agenda, intentions, plans and the entire reasons and scope for your contact with us - all in writing - then obtain explicit written prior permission from us and strictly observe in good faith all limitations and exceptions we may place on your contact, else your contact is INAPPROPRIATE CONTACT and likely ILLEGAL CONTACT:
All contacts made with us must be strictly within the scope of legal and appropriate purposes only. All illegal and inappropriate contacts are strictly forbidden. In all contacts described above where we believe that the inappropriate contact was made accidentally or without intention to cause harm or injury, and the package can be safely returned, we make reasonable efforts to contact the package sender for instructions on return or disposal of the package, for which the sender must prepay return S/H. Within 10 days of us attempting to contact the sender: If we are unable to make this contact for any reason, or the sender does not OK the package return in writing to us, or he/she can not or will not prepay return S/H, or he/she can not make any other correction we require for package return, we may return or dispose of the package or any of its contents any way we choose to with no liability to us.
INAPPROPRIATE AND ILLEGAL CONTACT ARE EACH FORBIDDEN: If we reasonably believe we were injured directly or indirectly resulting from any contact made with us that we reasonably believe to be illegal, forbidden, unauthorized, investigative (without prior full and accurate disclosure to us full details in writing of all incidents, past, present and future), fraudulent, deceptive, misleading, entrapping or otherwise inappropriate, or from anything confidential that you have learned from anything we've provided you or anyone else verbally or in writing - even if our belief later turns out to be in error - you are personally and 100% responsible for immediately indemnifying us for the total amount of all such expenses, costs and losses that we reasonably believe are likely to directly and indirectly result from such inappropriate contact(s), or from such verbal or written information. Furthermore and regardless to the extent that injuries have resulted to us as the direct or indirect result of your illegal and/or inappropriate contact(s), you agree without objection or qualification to pay $1,000 per hour fee for each hour (part of hour counts as an hour; at Consumertronics discretion, this fee may be in addition to time wasting fees, see above) to each involved officer or employee you cause directly or indirectly to spend time answering, addressing, responding to, defending, investigating, researching and/or taking legal and/or regulatory action, plus all resulting direct and indirect expenses, costs and losses, as the direct or indirect result of all such inappropriate contact(s). Furthermore, for any and all legal or regulatory actions, if any, that occur because of such inappropriate contact(s), you also agree to waive, forego and abandon all defenses, immunities and counteractions that may otherwise apply to you and you also agree to personally subject and submit yourself to all court, jurisdictional, venue and applicable law assignments described above, all without any objection, qualification or reservation. Furthermore, you agree to pay each and every affected officer and employee all billed and/or incurred amounts relevant to this paragraph within 30 days of you being billed or the amount has been incurred, whichever occurs first, or agree without any objection or qualification to legal default and collection plus 1.5% interest per month being added to each unpaid balance. Furthermore, you forever waive, forgo and abandon all immunities, defenses and arguments you may believe you have, including but not limited to statues of limitation, relevant to this debt and any and all efforts by us to investigate and collect this debt. Furthermore, we may at our discretion provide you updates on what you owe us until we bring legal action against you, without any liability to us, even if it takes us years.
FACILITY VISITS: Because of the high level of security our work sometimes requires, WE NEVER PERMIT VISITS TO OUR FACILITIES AND WE NEVER PERSONALLY MEET WITH CLIENTS. We have no showrooms. We never give tours. While we often provide hardware, technical services and support services, we never provide them in person. We never have a set schedule for being anywhere particular at any particular time. And unless we state otherwise, we never permit local pickup or local delivery of any item or service (written verifiable identity is usually required prior to any local pickup or delivery). ALL BUSINESS WITH US IS DONE STRICTLY BY EMAILs (much preferred), POSTAL MAILs and PHONE CALLs - AS PER THESE CONTACT POLICIES - NO EXCEPTIONS. We spend much time in the lab and in the field where work often cannot be disturbed, so we cannot guarantee the availability of any particular major company officer for a phone conversation at any time. If you need to converse with a particular major company officer, emails and mails are your best possibilities. ALL ATTEMPTS TO VISIT OUR FACILITIES WITHOUT CLEAR, EXPLICIT, WRITTEN AND PRIOR PERMISSION FROM US ARE FORBIDDEN INAPPROPRIATE CONTACT (see above). Whether or not related to Consumertronics business, any visit to our facilities which is not with our clear, written, prior permission, or so permitted by us based on a fraudulent, erroneous or deceptive representation by the visitor, is an unauthorized visit which automatically results in a non-refundable Unauthorized Visitor Fee (UVF) for each visitor and for each visit for which the visitor assumes total personal liability for paying. The amounts of the UVFs are set by us based on our perception of the real and potential injury to us caused by the visitor and visit, as well as the amount of our time and inconvenience for the unauthorized visit. The UVF amounts may vary between $0 and $1,000,000+ per visitor per visit. UVF fees are independent and separate from all other fees, charges and costs the unauthorized visitor may be required to pay.
WORK HOURS & PHONE CALLS: Because of our profound, dramatic and high-profile
scientific research we do in some areas (e.g. mind control, radionics, energy),
many people call us because of our notoriety out of curiosity. We often work
60-80 hours per week as it is. For us to get our work done, we must be restrictive
with phone calls - especially those which directly disrupt our work. We truly
apologize to our good Clients if that may come across as a bit aloof or even
rude, but consider you would not like us to delay your project by wasting our
time chit-chatting with people about things not related to any product or service
we can provide them. Because of our highly unusual and varying work week (usually
not M-F), work hours (seldom 9-5) and meal breaks (seldom 12-1), phone calls
are usually the least reliable and least desirable way to contact us. Since
we are not open to the public and our work schedule varies widely and often
unpredictably, we do not keep regular work weeks and hours. And sometimes we
are in a noisy environment or engaged in critical lab experiments or otherwise
not available and we cannot answer the phone - we much prefer that you do not
ask for a particular person to talk to but instead clearly state your question,
inquiry or concern and if our person answering the phone cannot respond to it,
he/she will try to get someone who can. To do our best work for our Clients,
we cannot be disrupted from critical lab experiments and tests, which may take
hours - even days - to set up and run. If the caller asks for a particular person
in the lab, in traffic or otherwise unavailable to the answerer, the requested
person usually cannot come to the phone. And in some phone situations, we cannot
write information down or check on computer data at that time (to avoid all
hacking attempts, one of our computers is not connected to Internet). Some topics
cannot be addressed by phone and must be addressed in writing (and only to the
extent of their written descriptions); these topics include, but are not limited
to: Changes in shipping, payments, SPAF, Estimates Form and SP project specifications,
technical and support questions which require research, and all disputes and
complaints. We do not answer phone calls in which the actual calling # is not
displayed on our Caller ID (if your displayed Caller ID # is spoofed, false
or invalid, then you legally stipulate to fraud by you and to forbidden inappropriate
contact with us, and you agree to pay us $100,000 plus all other damages per
spoofed call), or it is a toll-free number (i.e. 800, 866, 867, 877, 888 area
code), because most toll-free and non-displayed (blocked) # phone calls we receive
are telemarketers or snoops. Although we often work 60-80 hours per week to
do good jobs for our Clients, we may answer the phone, place a phone call or
continue a phone conversation ONLY IF it occurs between 9 AM - 5 PM MST (and
won't likely extend beyond 5 PM), Monday - Friday (but not National Holidays),
ONLY IF we are also working then, ONLY IF we are also not in a noisy environment,
nor in the lab, nor in traffic, nor otherwise unavailable, AND ONLY IF the other
number is fully displayed and is not a toll-free number. We rarely make exceptions.
If you strongly feel that you must talk to us by phone, email us first with
your phone request (put "Phone Request" in your Subject Line); in
your email, state your name, address and phone # (must be a USA #), 3 dates
and MST time ranges when you would like us to call you back, length of expected
phone conversation, all subjects of conversation (all must directly relate to
something we are selling), and exactly why the same information cannot be provided
to you by email, snail mail or one of our webpages. If we believe that we can
and should do this phone call, we will email you the date and time we will most
likely call; if not, we will try to address your concerns by email. Do not record
a phone call with us, regardless of who initiated the phone call, unless you
explicitly state at the very beginning of the phone call that you are recording
the phone call AND we explicitly tell you that it is OK for you to record the
phone call (we reserve the right to require you at any time to provide us a
totally clear, complete and unedited copy of your recording totally at your
expense within 10 days of your recording). Do not text message us or voice mail
us as we almost never search for, read or respond to text messages or voice
mails. Reason: Most texts messages and voice mails are junk, and Caller ID is
easily faked. If you are not a telemarketer or snoop AND you have bought or
are interested in buying something from us, and we don't answer the phone (whether
or not you have a blocked Caller ID display #), email us (clearly provide your
name, phone #, email address and subject) or write us by USPS First Class Mail
(with clear, complete and accurate return address). While we do our reasonable
best to support our Clients and we reasonably try to answer all phone calls,
we assume no liability for missed phone calls (we may be in a lab, shop, meeting,
driving, etc.), for hanging up on callers, for not returning phone calls, for
not addressing or responding to phone calls, or for anything we say or you say
in phone conversations or as the direct or indirect result of phone conversations.
In almost all cases, email is best.
NOTE - No Lies, No Scams, No Cons, No Spoofs, No Pretexts, No Ruses: If you call us or we call you, and you ask to talk to a particular person about a subject matter(s) that is different or not fully disclosed by you before that person answers the phone than the actual subject matter you state to or talk about with the person after the person answers the phone, or you have spoofed the Caller ID number, or you have lied about or misrepresented in any way who you actually are or who you represent or your intentions, you agree to pay Consumertronics and/or the person within 30 days a sum of money that Consumertronics and/or the person considers to be the cost or damage you have caused Consumertronics and/or the person, regardless of the amounts, without any objection, qualification or defense offered by you, and that you further agree to immediately pay for all direct and indirect legal and administrative costs, expenses and losses to collect that amount of money thereby fully indemnifying and making whole Consumertronics and/or the person, if any, and that you further agree to pay a monthly interest rate of 1.8% on any unpaid balance that you may owe, and that you assume personal liability for all of these payments thereby forever waiving, abandoning and foregoing any personal immunity you may believe you have.
EMAILS & FAXES:
EMAILS: YOU MUST PROVIDE US A RELIABLE EMAIL WAY OF BOTH BEING ABLE TO CONTACT
YOU ON TIMELY BASES IN WRITING AND YOU RESPONDING TO US ON TIMELY BASES IN WRITING.
We require 2-way email communications with you at all times, and we may ignore
or refuse to address your inquiries, questions and/or concerns without liability
if you do not provide us a reliable way to email you and get email responses
from you. Phone calls are never acceptable substitutes for written responses.
By providing us your email address, we may assume without liability that you
are both receiving our emails and can respond to our emails on timely bases
(within 5 calender days), regardless of whether or not you respond to them or
how you respond to them, as long as your email does not come back to us as 'undelivered.'
If your regular email is not working, then you must find either another email
way (in which you fully identify yourself), or a Postal mail way to send us
your inquiries, questions or concerns (Postal is totally acceptable for sending
us your SPAF and other contract forms). If your only way of engaging in written
communications with us is Postal, you must inform us of that fact prior to doing
business with us so we can consider waiving our email requirement for you. Since
Postal communications may take days and even weeks to reach us and we respond
to, do not send us any Postal communications which has a time limit of less
than 31 calender days. NEVER SEND US AN EMAIL ATTACHMENT FOR A .DOC,
.XLS, .EXE, .ZIP or ANY OTHER EXECUTABLE OR COMPRESSED FILE FORMAT - THESE WILL
NEVER BE OPENED AND ALWAYS BE IMMEDIATELY DELETED, AND WITHOUT NOTIFICATION
TO THE SENDER, AND WE ASSUME NO RESPONSIBILITY FOR THEM. And all attached
files from unknown subjects, advertisement, unexpected, and/or suspicious will
also be handled in the same manner.
FAXES: We very rarely do faxes any more - only if the Client asks. We apply the same policies stated herein to faxes as we do to both phones and letters. Because we are in the lab and field most times, faxes (if available) are permitted only on an exceptional pre-approved basis and we cannot guarantee either fax service or immediate responses to faxes. For a compelling need, we may make an exception and authorize Faxing of other items; in which cases, please email us and describe what you would like to Fax us. NOTE: We charge $100 per page of any unauthorized item faxed or emailed to us. Any ad, promotion or other item not directly related to an order or overseas inquiry that has not been expressly authorized by us prior to Faxing is considered to be an "unauthorized item." Please Fax us as few pages as possible (preferably no cover sheet). Please clearly sign and date all Faxes. By policy, we never purchase any product or service from a Faxed ad! You may send us faxes as image file or text attachments to emails to us (i.e. virtual faxes), but they must be sent only as .tif, .jpg, .gif, .bmp, or .pdf (with printing allowed) files.
We welcome and encourage email contacts
as usually the fastest, most reliable, least disruptive and most desirable means
of getting a comprehensive and well-thought out response from us. Generally,
we are often in the lab or field and cannot respond to email on an instant basis
(but we respond almost always at least once daily). It is very important
that when you place an order with us, you provide us your clearly readable,
accurate and dependable email address, and that you assume full responsibility
for anything you tell us or we tell you by email. We may assume without liability
that you received and read our email sent to your provided email address and
it has not been returned to us 'Undelivered,' whether or not your provided email
address is your actual email address and whether or not you have responded to
our email within 3 days of us sending it to you. Use emails to notify us
when you sent a payment (and the type and amount of your payment),
ask for information, and just about anything else just as long as it relates
directly to one of our offers and you are a Client or serious potential Client.
However, there are several email restrictions:
(1) Please never send us personal information via ordinary email. For your own security, since ordinary email is really not private, use regular First Class Mail (preferred) or phone call to inform us of personal information, if any, which is part of your order.
(2) Never send us any spams, adwares, spywares, key loggers, phishing attempts, or junk or commercial emails, or computer infections of any kind, all of which are inappropriate contact with us. Our email is reserved strictly for our Clients and potential Clients to inquire about our products and services, place orders, and for technical and support for our offers and Client orders. The email sender assumes full liability for anything he/she knowingly or unknowingly is directly or indirectly reponsible for sending us which directly or indirectly damages our system or files, attempts to defraud us, or in any way compromises our or any Client's privacy or confidentiality or retrieves any of our files, passwords or keywords or key strokes.
(3) Never send us an email attachment in executable or compressed file format (see above), or computer virus, trojan horse or worm. We never open email attachments with a executable or compressed file format - we always discard them - and we are never responsible for them. Nor do we ever buy from an unsolicited email ad or recommendation, nor do we click on an unsolicited email link.
(LETTERS and PACKAGES of all types and sizes and from all sources and shippers):
Please clearly sign and date all written material you send us.
General: When you write to us for any reason other than to place an order or inquire about one, please observe the following:
For best responses, be sure to include a #10 SASE. We always carefully inspect all received envelopes and packages. We are not responsible for or accept any liability for the disposition of unauthorized, poorly labeled, tampered with or otherwise suspicious envelopes and packages we do or do not receive (usually, we will attempt to contact sender first because communicating with our Clients is very important to us). Please use this procedure:
First, clear your envelope or package with us in writing my email or mail (not by phone) prior to shipping it to us. Before you ship an envelope or package to us, your envelope or package must first be assigned an envelope or package # by us, and that # must clearly appear in clearly readable lettering on the front of your envelope or package. We assume no liability for any envelope or package sent to us without the correct envelope or package # properly placed on your envelope or package.
Clearly label your envelope or package with your verifiable name and return street address, and actual phone number or email address.
Do not ship to us anything that is illegal, contaminated or hazardous to ship and/or possess - unauthorized shipment.
Do not ship to us any non-transparent unopened containers - unauthorized shipment.
Do not ship to us any package which weighs over 60 lbs, which occupies more than 2.0 cubic feet in volume, or which its weight x volume product exceeds 100 - unauthorized shipment.
For envelope and package mailings that arrive to us unsolicited or without our prior written approval, if the sender does not provide us an immediate satisfactory written explanation which completely, in detail and accurately describes the contents of the mailing and why it was sent or returned to us, we will totally at our own discretion and at no liability to us, (1) Refuse to receive the mailing, (2) Accept the mailing and either return it to the sender or dispose of its contents as we see fit whether or not we have opened the mailing, or (3) We have agreed in writing to some other handling of the mailing. To reship an undeliverable, refused or return-for-refund mailing, we charge the normal S/H plus a 25% fee based on our S/H costs ($10 minimum), which must be prepaid by sender.
RESTOCKING FEE: For all Items which are not Customized Device (CD) Items (we never restock CD Items) which we are either not able to ship or are returned to us due to no fault by us, we charge a 20% restocking fee based on the price of the Item. Restocking fees are always in addition to all other applicable fees and costs, and which must be paid immediately. A "CD Item" is any hardware Item which we have built or modified ourselves, and excludes all books and manuals and all commercial hardware Items including all off-the-shelf CD Item accessories such as cables, external power supplies, batteries, cases, materials, etc. Any hardware Item made totally by another business is not a CD Item.
MAIL RECEIPT: We use a mail service because much of the work we do is highly proprietary and confidential, so we can't have mail delivered directly to us. Mail and packages are not to be considered "received" by us until actually received by Consumertronics personnel. We spend much time in the field. Therefore, it may take as much as 10 days (3-7 days typical) from the time that our mail service receives a letter or package before Consumertronics personnel actually obtains the mail.
Certified, Registered, Insured & Proof-of-Delivery (CRIP) Mail: Because of past CRIP abuse, even if inadvertently signed for, CONSUMERTRONICS takes no liability or any other responsibility for CRIP mail which does not meet all of its requirements stated in (1) - (7) below, whether or not the CRIP mail is signed for. These (1) - (7) requirements below are the only proper and authorized means for sending CRIP mail to CONSUMERTRONICS or anyone associated with it. The mere fact that the CRIP mail is signed for does not make it proper and authorized CRIP mail. Furthermore, it reserves the right to return, destroy or trash unopened CRIP mail with its name in any address on it which it finds suspicious with no liability or other injury to itself. To protect the sender's privacy, it will waive (6) and (7) requirement below on the CRIP mail if the CRIP arrival is preceded by a received signed and dated non-CRIP First Class letter by the sender which notifies it of its upcoming CRIP mail, includes a copy of the CRIP envelope or package face (JPG or GIF format only), and includes all of the information required by (6) and (7) below. NOTE: BECAUSE A MAIL SERVICE HAS PHYSICALLY RECEIVED AND SIGNED FOR CRIP MAIL FOR US, DOES NOT MEAN THAT CONSUMERTRONICS AND/OR ANY OF ITS OFFICERS, EMPLOYEES AND/OR CONTRACTORS HAVE RECEIVED AND/OR SIGNED FOR THE CRIP MAIL. ANY CRIP MAIL RECEIPT DATE THAT IS TO BE APPLIED TO CONSUMERTRONICS AND/OR TO ANY OF ITS OFFICERS, EMPLOYEES AND/OR CONTRACTORS IS THE DATE THAT IT, THEY, HE AND/OR SHE BOTH PHYSICALLY RECEIVED AND SIGNED FOR THE CRIP MAIL.
CONSUMERTRONICS CRIP REQUIREMENTS:
(1) The CRIP mail must NOT be a "RESTRICTED DELIVERY" one.
(2) The CRIP mail must be addressed to and limited to: "CONSUMERTRONICS, P.O. Box 23097, Albuquerque, NM 87192." If it is to be to the attention of anyone, the name of that specific person(s) must appear in the next line after "CONSUMERTRONICS". No other CRIP mail is acceptable to us, except those of a clearly identifiable government origin.
(3) The CRIP mail must have a clear, truthful, accurate and verifiable return name and address, which all must 100% match with that on the receipt and return card, if any. Its CRIP number must also match that on the receipt and return card.
(4) All letters, statements and notices contained in the CRIP mail must be signed and dated using black ink, and all such signatures and dates must be accurate and complete. Furthermore, all signers must include his/her accurate and complete printed name, official position title, official address and official phone number.
(5) The Sender must also contact us by email for a special Consumertronics CRIP Number he/she must clearly print on the CRIP mail. This unique number is computed by us from information we have about the Sender, type and the contents of the CRIP mail, which data the Sender includes in the body of the email he/she sends to us requesting the Consumertronics CRIP Number.
(6) Below the return address, the word, "From: " must be clearly printed, followed by the clear, complete and actual name, physical address, email address and phone # of both the sending person and the person the CRIP mail applies to (if a different person), and also the actual name, physical address, email address and phone # of both his/her organization and immediate supervisor, if the CRIP mail also relates to an organization.
(7) Below the return address "From: " line, the word, "Content: " must appear, followed by a 100% truthful, clear and complete description disclosing ALL of the actual contents ("SPAF," "order", "Special Projects inquiry", "item for trade", "return", "legal document", etc.). If a legal document or legal notice of any kind, you must also fully disclose under "Content" exactly what type of legal document or notice, and if a case is involved, the specific case number and a full identification of the relevant court or administrative body. If you include any attachments, other materials, and/or supplementary materials, these too must also all be fully disclosed under "Content".
LONG TERM ONSITE STORAGE, ABANDONED PROPERTY,
and SOLUTION TO PROBLEM PAYING BALANCE:
STORAGE FEES and ABANDONED PROPERTY: No storage fees result if you promptly pay off the balance of your SP when due, and your package is not returned to us as undeliverable although correctly addressed by us based on the shipping address you provided. Please pay any balance you owe on your SP within 10 days of being notified that we have completed it. Our policy is to rush your SP to you as soon as we can after completion. You must send us full balance, if any, that you owe us for your SP within 30 days from the time that we have sent you a notice that your SP is completed. Since we have limited long term storage capabilities and regularly inspecting and accounting for stored items takes time and effort, we must charge for Onsite Storage for balance payments (plus 1.5% interest per month on all unpaid balances) that take more than 30 days to reach us after we provided our first notice or from the day that we receive back as undeliverable the package we shipped to you that is correctly addressed to you based on the shipping address you provided. Onsite Storage fee after 30 days after we provided our first notice or date of receipt of correctly-addressed returned package is a very reasonable 25 cents per pound shipping weight plus 25 cents per cubic foot (based on shipping size as we package all stored items to protect them) for each day of storage is immediately due by noon of the following day and automatically becomes part of your unpaid balance and must be paid off in full before we will ship. The minimum DAILY storage charge is $1 per day. The minimum TOTAL storage charge is $10. For example, a 2.0 lb, 2.0 cubic foot package (about our average SP project) stored 10 days is charged (10)(2.0)(0.25) + (10)(2.0)(0.25) =$10 total. Since it will probably take you several days to get this payment to us, you should add in additional days (usually 3 min.) of daily charges to cover the transit time of your payment or pay us by Money Transfer Service (MTS) or Postal M.O. so we can ship immediately. In addition, if the package was returned to us, you will be charged re-shipment S/H (be sure to inquire about the return S/H and also include your new correct address), and we are not responsible if your package was returned to us damaged. If any Onsite Storage or balance payment is more than 30 days past due AND we have first notified you about your SP completion at least 60 days earlier, we will consider your SP to be ABANDONED PROPERTY due to failure-to-pay, and we will have the option to either continue to store your SP for a longer period or to dispose of your SP any way we see fit, either decision resulting in no liability, refund payment, damage, loss, disadvantage, or requirement for further or individual Client notification or explanation to Consumertronics, and total balance payment and Onsite Storage fee will still be owed to us. Should we dispose of your SP as abandoned property and you later want the SP, then you will have to start over again and submit a new SPAF for it (after paying all accrued storage fees for the abandoned SP).
SOLUTIONS TO PAYING BALANCE PROBLEMS: We bend over backwards to get your SP to you! If you are having trouble paying off your SP balance and need more time, you must ask us in writing within 10 days of SP completion notice if it is OK to send payments instead. Should we grant you permission in writing, you will be required to make monthly partial payments each of which must be at least 10% of the unpaid balance ($50 minimum) plus 1.5% interest payment on any remaining unpaid balance after each payment is due and paid in full, plus 25% of our normal Onsite Storage fee for the month period. In this case, the full partial payment of your unpaid balance is due every 30 days, and if it is more than 5 days late reaching us, then our full (normal) Onsite Storage Fee and failure-to-pay clocks will automatically activate and begin to accumulate. We will not ship until all balances are paid in full and are cleared (Postal M.O., Money Transfer Service (MTS) payments clear within 1 day of receipt).
and Software Retention & Disposition Policies:Like
most businesses, we are inundated with paperwork, hardware and software storage.
This creates serious storage, maintenance and security problems about them.
In addition, understandably, most people today are very concerned about jeopardy
to their privacy and security, and don't want items about them stored for long
periods of time by businesses remote from them; no matter what security measures
are taken or how careful the business is, any such business can be black-bagged,
burglarized or hacked of its records. We deeply respect your privacy and security
concerns. Therefore, to best protect both our operation and our Clients, as
our policy, as part of our normal course of business, we now destroy - without
prior notice by Consumertronics, or liability or disadvantage to Consumertronics
or to any of its officers, employees, agents, associates, contractors or vendors
- all of which below are also referred to as "records" or as "items"
herein: (1) ALL ORDER, CUSTOMIZED DEVICES APPLICATION FORMS (CDAF), ESTIMATES
FORMS, PLANS, CIRCUIT DIAGRAMS AND USER MANUAL DOCUMENTS: After 60 days
retention from day of shipment if we receive no other communications from the
Client or other legitimately interested party (e.g. Client's estate) before
then directly relevant and specific to the document. Furthurmore, if we believe
that any plan, circuit diagram or User Manual is not likely to or cannot be
implemented for any reason with reasonable costs and efforts, we may freely
dispose of it at any time and as we see fit and without prior notice. (2) ALL
COMPLAINT DOCUMENTS: After 60 days retention from day of shipment if
we receive no other communications from the complainer or other legitimately
interested party before then directly relevant and specific to the complaint.
(3) ALL OTHER CLIENT-RELATED DOCUMENTS (including but not limited
to all webpages and promotions): After 60 days retention from day of its first
creation or receipt by us if we receive no other communications from the Client
or other legitimately interested party (e.g. Client's estate) before then directly
relevant and specific to the document. NOTE: When we design and layout a CD
project device, because all of our designs and layouts are unique, they are
never based on existing full circuit and layout diagrams. Instead, if the design
and layout are not trivial such that we can do them at that time in varied forms
strictly from memory, the design and layout consist of subfunction/subsection
variations joined together and we then make whatever changes are required by
both the Client's CDAF and the optimization of the circuitry. (4) ALL
OTHER DOCUMENTS WE CREATED FOR OR ABOUT A CLIENT: (including but not
limited to invoices and shipping receipts and proofs): After 60 days retention
from day of its first creation or receipt by us if we receive no other communications
from the Client or other legitimately interested party before then directly
relevant and specific to the document. (5) ALL OTHER CLIENT-RELATED HARDWARE
(including all hardware sent or sold to us, or that we have sold but all or
part of it is still in our possession in any form): After a 45 days retention
from the day we created, assembled, last repaired, last modified, last tested
or last obtained it for or from a Client, or otherwise contracted for by a Client
in which the Client did not pay for it or did not completely pay for it (including
all applicable S/H charges and New Mexico tax (if NM resident)), or he/she provided
any kind of bad payment, or he/she has implied or stated to us that he/she cannot
or will not pay for any remaining project and/or storage fee balance on the
hardware that has or may result even if we are able or may become able to successfully
complete and/or ship the hardware to him/her, or he/she provided us an erroneous,
unclear or incomplete shipping address or shipping instructions, or it was returned
to us as being undeliverable and the address on the package was 100% identical
to the address provided by the Client if we have not received a satisfactory
response from the Client or legitimately interested party by then to correct
the situation. Furthurmore, if we believe that any part, tool, test equipment,
subassembly, assembly or any other hardware we own or possess or provided to
us by the Client is broken beyond reasonable repair, dangerous, contaminated
or cannot be successfully completed with reasonable costs or efforts, we may
freely dispose of it at any time and as we see fit and without prior notice.
(6) ALL CLIENT-RELATED SOFTWARE: After a 60 days retention from
the day we created, last modified, last tested, or received it for or from a
Client or shipped it to a Client if we receive no other communications from
the Client or other legitimately interested party before then directly relevant
and specific to the software.
POLICY SCOPE: This policy fully applies without prior notice by Consumertronics, or liability or disadvantage to Consumertronics or to any of its officers, employees, agents, associates, contractors or vendors. This policy fully applies to all item forms and formats, including but not necessarily limited to, originals, copies, reproductions, roughs, outtakes, prototypes, completed versions, uncompleted versions, earlier versions, samples, exemplars, mock-ups, templates, and unmodified versions. This policy also fully applies to all possible recordkeeping media, including but not necessarily limited to, printed copy, hardware, computer media, computer memory, all forms of offsite storage, illustration, photographic, video, recording tape, film, microfilm, electrical, electronic, mechanical, optical, magnetic and chemical. Consumertronics does not authorize anyone to obtain, keep, copy or distribute records on it, on its Clients or on its officers, employees or contractors for any reason except those specifically authorized to do so by its policies, or by law, or by Consumertronics's clear, explicit, prior and written authorization, and then only for the specific limited purposes and period that the policy, law or authorization requires. "Destroy" refers to thoroughly shredding, burning up, throwing away, giving away, crushing, recycling or otherwise totally and permanently destroying or eliminating the document, hardware and software record. NOTE: We NEVER voluntarily provide a document, hardware or software record relevant to a Client transaction, service or product to any business or government entity without first obtaining the clear, explicit, prior and written permission from our Client (unless we reasonably believe that the Client has injured us or is attempting to injure us in some way or a legal, regulatory or administrative proceeding is reasonably anticipated, foreseeable, pending or filed), or we are otherwise explicitly required to do so by law.
EXCEPTIONS: We will retain documents, hardware and software records longer than their applicable retention periods above under the conditions stated above if, and only if: (1) The Client has contacted us at least once every 30 days in writing (email or postal mail only) after the retention period expires if, and only if, the Client first contacted us 3-15 days prior to the expiration of the retention period, all such contacts must in writing and EXPLICITY AND DIRECTLY MENTION his/her specific document, hardware or software record we have on file (storage fees apply), or (2) A legal, administrative or regulatory action was reasonably anticipated, foreseeable, pending or filed before the retention period elapses that explicitly calls for in writing or we reasonably believe will likely explicitly call for and require in writing the specific document, hardware or software record, or (3) We believe that retention of the specific record is legally required by applicable tax law or other business law known to us (e.g. for tax law, we retain records of all payments made to us for at least 7 years, but the retention periods stated herein apply to all records of the identities of who made the payments, the addresses shipped to, and what the payments paid for), or (4) We believe retention of the specific record is important for the existence, safety, security or operation of Consumertronics, or (5) We believe the specific record relates to a fraud, scam, threat or other crime or tort anticipated, ongoing, attempted or committed against Consumertronics or anyone else where we could also be injured, or (6) We otherwise believe we should retain the specific record to legally protect us, or (7) The Client or other legitimately interested party explicitly in writing (email or postal mail only) requested us 3-15 days prior to the retention period expiration to preserve the specific record for him/her for longer than the specified retention period above (storage fees apply), if, and only if, the Client specifies the specific retention period he/she requests and that retention period does not exceed two years, plus pays all storage fees on a timely basis. In all cases where storage fees apply, the requestor must prepay all expected or likely storage fees within 10 days of his/her request or his/her request is disregarded. NOTE: If an exception did apply at one time, once we reasonably believe that no exception any longer applies, or we accidentally, unintentionally or unknowingly preserved a record for a period longer than the period fully justified for preservation based on these Retention and Disposition Policies, we may then immediately dispose of the document, hardware or software record without any prior notice by us or loss, disadvantage or liability to us. Furthermore, the Client fully agrees without qualification or reservation not to use against Consumertronics any document, hardware or software record he/she claims to have retained if Consumertronics has already destroyed that record under these Retention and Disposition Policies because once a record is destroyed by us we have no way of knowing or verifying whether or not the record the Client claims to possess is an authentic, complete, unedited, unchanged and totally accurate record of what actually occurred between us and the Client. Consumertronics accepts no liability, refund payment, damage, loss, disadvantage, obligation or requirement for any notification or explanation for disposing or retaining of any document, hardware or software record based on its published policies, even if done by mistake, negligence or accident.
MANUSCRIPT SUBMISSION POLICIES:
Your manuscript must be submitted in printed or typewritten in complete form, with all figures and photos. We will not read your manuscript unless it is also accompanied by a signed and dated cover letter with all of the following statements:
(1) That your manuscript is an original work and has never been published before in part, in whole or in any version.
(2) That you are the sole owner of your manuscript, and that no part of it has been derived from a copyrighted or otherwise proprietary source.
(3) That you have not submitted your manuscript in part or whole to any other publisher or other party, else provide a list of all you have submitted it to.
(4) That you have not made or promised any agreement with any other publisher or other party regarding your manuscript in part or in whole, else provide a copy of all such promises and agreements.
(5) That if you come to a mutual publishing agreement with Consumertronics:
(A) That Consumertronics will be sold by you the copyright to your work, and it will have the sole and exclusive right to publish it for a period of not less than 5 years.
(B) That you will not offer any other manuscript to any other publisher or other party based on your work or containing your work in part or whole.
(C) That you will supply Consumertronics your manuscript on PC disk in ASCII text format, HTML format, or PageMaker 6.xx format. Photos and figures may be supplied directly or in one of the PhotoShop 3.xx - 5.xx formats. You must initial all pages of your manuscript, and each page is numbered in this format: "m/n", where "m" is that page # and "n" is the last page # (eg: "7/55" means page 7 of a 55-page manuscript).
(6) That you have read, understand and fully agree to these and all other relevant policies in the Consumertronics Catalog current at the time of your manuscript submission.
(7) That if you have knowingly made a false statement in your cover letter or elsewhere to Consumertronics, you accept full legal responsibility for all civil and criminal consequences that may result from any and all subsequent legal and regulatory actions, and that you shall fully indemnify Consumertronics for all costs and losses that directly and indirectly arise from any and all such knowingly false statements. And that you fully agree that Albuquerque, NM, has sole personal jurisdiction, subject matter jurisdiction and venue in all legal cases that might arise between us, if any, and that all legal disputes, if any, will be submitted solely and exclusively to binding arbitration in Albuquerque, NM, and solely adjudicated under the laws of New Mexico.
REVIEWS, ARTICLES, STORIES & INTERVIEWS: We welcome all honest reviews, articles, stories and interviews that relate to us. To obtain copies of our products. Interested in doing a story on us? Contact us for details.
DEALERS, SELLERS, RE-SELLERS, BBSs, etc: Consumertronics has NO dealers or re-sellers in any country, and we never post any of our products online! No one but Consumertronics is permitted to deal in any Consumertronics product, or commercially advertise, sell, resell, distribute, dropship, copy, export, or integrate our product with any other product or service. All Consumertronics books, manuals and software are copyrighted, and they are all offered only directly through Consumertronics!
LISTED & HOTLINKED
ADDRESSES: From time to time, we may list or describe -
even provide hotlinks to - the names, phone numbers and/or mail/email addresses
of non-Consumertronics businesses in our websites or other
publications. NO SUCH LISTING/HOTLINK IS TO EVER BE CONSTRUED AS A RECOMMENDATION
FOR YOU TO CONTACT OR DO BUSINESS WITH IT. AS POLICY, NO MATTER HOW STRONGLY
POSITIVELY OR NEGATIVELY WE REGARD ANOTHER BUSINESS, WE NEVER RECOMMEND FOR
OR AGAINST IT. Further, we take no orders for described/listed/hotlinked
entities, and we assume no responsibility for any of their policies, prices,
products, services, or for any other facet of their operation. Further, we will
not discuss any facet of their operation, pass on anything to or from them,
act as an intermediate, accept, respond to or take any responsibility for any
mail, email, packages, orders, refunds or phone calls for them, provide any
form of customer or technical service on their behalf, carry, ship, store or
route anything to, from or for them, or evaluate, describe or comment on what
they offer, and vice-versa. Any indications to the contrary must be assumed
to be either inadvertent error or jesting on our part. And anything claimed
to be said to the contrary must be ignored, and in no way alters what is stated
in this paragraph.
BEWARE OF FLY-BY-NIGHTS & STING OPERATIONS:
It's sad to say, but there are people who are too ignorant, stupid, crooked
and lazy to develop their own products. Instead, they steal from others. We
have been in business 25+ years. Since then, we have seen dozens of fly-by-night
rip-off operations, "offering" our products and those of others come
and go. The anonymity of the Internet allows these crooks to escape detection
- they won't tell you who they actually are or where they are really operating
from (many are foreign and offshore, with just a P.O. Box in the US used to
steal your money or rip-off your credit card number). You send them your money,
and that's the last you hear from them. Those that do provide an actual ripped-off
product - we've seen some - the product is almost always outdated, hacked-up,
poor quality versions of the real thing (some even have false information in
them designed to get the buyer in trouble). Even some where they have purposely
inserted false information. And once they've ripped you off, they put you on
their "sucker lists" and sell your name and address to a host of swindlers
and scam artists worldwide.
And we've long lost count of the many hapless victims who have contacted us, claiming that they purchased our product from, `one of our dealers,' and for us to ship the product, return their money, etc. Be advised that we permit no one to deal our stuff (see above) - if you want an authentic Consumertronics product, you must purchase it directly from CONSUMERTRONICS. And of course, we will NOT stand behind any ripped-off or phony version of our products.
While the First Amendment protects one's right to read virtually any book or manual he can legally obtain, no Court we know of recognizes that it extends to stolen or infringed books and manuals. All of Consumertronics publications are copyrighted by us. To obtain a REAL Consumertronics product, please place all of your orders directly with Consumertronics. Please report to us all cases you become aware of where ignorant, stupid and lazy criminals are stealing or infringing our products (we offer rewards for those who provide us info that leads to a legal recovery). And if they tell you that they are related to me, John Williams, they are lying thieves - they will steal your money! Report them to us immediately. We permit only a few major retail book dealers to sell our titles for us, such as Amazon.com, Barnes & Noble, Borders Books. If you find anyone else selling our products, please contact us to verify whether or not they have our permission to handle our titles.
BEWARE OF FAKE HARDWARE: We are increasingly finding counterfeited copies of our former Off-the-Shelf Hardware - pathetic rip-off attempts to make a quick buck on our inventions. And phony "SPECIAL PROJECTS" or similarly-worded services, with wording and graphics ripped-off from us and others. Most of those that we've seen didn't work at all, or more likely come with a LED and some other nonfunctional "circuitry" used only to deceive. The few that we've seen that approximate the functions of our designs, miss vital design features (some undocumented), timing considerations, parts precisions, and/or special hardware. Before you send anyone money for similar-sounding devices, demand to know who they really are, exactly how long they've been in business, and their actual physical business address.
CAPTALIZATION POLICY FOR THE ACQUISITION,
MANAGEMENT, REPAIR AND MAINTENANCE OF CONSUMERTRONICS-OWNED TANGIBLE PROPERTY:
Purpose: These guidelines shall apply to all transactions related to the acquisition, maintenance, sale or other final disposition of Consumertronics-owned tangibe property.
The guidelines set forth in this document shall be known as the comapny's capitalization policy, and serve as Consumertronics's complaiance with the Internal Revenue Code and the tangible property regulations promulgated thereunder. The guidelines are intended to be used for the company's financial accounting purposes.
Tangible Property: Refers to all tangible personal and real property acquired or produced by the company as implements, tools, materials, supplies, equipment, furniture, land, buildings and fixtures for its places of business for the purpose of carrying out all aspects of business operations. All such tangible property with an acquisition cost of more than $500* shall be capitalized and depreciated over its estimated useful life.
Tangible Property Not Subject to Capitalization:
De Minimis Amounts: Amounts paid to acquire or produce tangible property not exceeding $500* are to be charged to the appropriate de minimis property expense accounts. All tangible property expenditures with an acquistion or production cost under the stated threshold are to be charged to the expense accounts. This policy does not apply to land, buildings, and other real property.
De Minimis Amounts: Amounts paid to acquire or produce tangible property having an economic useful life (as defined in Section 1.1623(c)(3)) of 12 months or less are to be charged to the appropriate de minimis property expense accounts. All tangible property expenditures with an economic useful life of 12 months or less are to be charged to the expense accounts. This policy does not apply to land, buildings, and other property.
*$500 is the default limit which applies if Consumertronics does not have an Applicable Financial Statement (AFS). If Consumertronics has an AFS, this limit is $5,000.
CRITICAL IMPORTANCE OF RESEARCH DONATIONS: Mind control and electronic attacks are the scourge of this century! An horrific scourge that very few in law enforcement will even consider addressing, forcing Targeted Individuals (TIs) to go on their own. However, we at Consumertronics, constantly do research, design and development (R&D) into mind control and electronic attack technologies - for decades now - as well as in many other critical technologies (eg: energy, personal security and survival, radionics, etc., see our webpages). Clearly, new electronic attack technologies and methods are constantly being developed and deployed by the perps. Our sophisticated scientific R&D efforts are very costly to do (try buying a new spectrum analyzer lately?), and are paid for by both Clients who purchase devices from us and donors - people who are smart enough to know that our R&D results can translate into devices which can be applied to their specific problems and the problems of so many others like them. Donors greatly help support our R&D with their generous donations. In short, both paid CD projects and donations are highly welcomed and needed. So please purchase publications and hardware from us (techzonics.com), and please donate as much as you can and as soon as you can. For those who provide us substantial donations, we will often steer our R&D in directions that may help them. Furthermore, if we can find a way to legally provide valued donors the devices of interest to them that we do not normally provide to the general public, even if it requires special R&D on our part, we will do our reasonable best to accommodate their needs and the needs of other non-donors like them. How much we are able to do R&D more in a direction of interest to a donor depends on the type of R&D efforts that must be made, the results the donor is interested in, the R&D's applicability to many other non-donors with similar interests and for the greater good, whether or not it is the R&D we would have made anyway if we had the resources prior to the donation, and to what extent the donation makes it possible for us to do this R&D. Any payment made to us that does not specifically and explicitly state that it is payment for a specific publication, hardware or Special Projects (SP), will be considered by us to be a donation, and we salute you for that. We very strongly appreciate our valuable supporters, so please buy our publications and hardware (or contract with us for a Special Projects), and please donate.
In addition to all of our policies described on this webpage, the following personal policies also fully apply => Personal Policies
Copyright © 1998-2021, Consumertronics. All rights reserved.
NOTE: By policy, we
never recommend for or against, approve or disapprove, sponsor, endorse, support,
guarantee, or take any responsibility for any of the content of any non-Consumertronics
webpage, website, advertisement, publication or other statement EVEN IF WE HAVE
PROVIDED A HOTLINK TO IT. And by policy, we never recommend for or against,
approve or disapprove, sponsor, endorse, support, guarantee, or assume any liability
or any other responsibility for any non-Consumertronics company, product or
service EVEN IF WE HAVE PROVIDED A HOTLINK TO IT and EVEN IF WE HAVE DISCUSSED
IT OR INFORMED YOU ABOUT IT on a webpage, or by phone, email, mail, or by any
other means of communications. For more information on our policies, please
refer to our policies.htm webpage.
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