Terms and Conditions

All price lists, quotations, order confirmations and acknowledgments, and sales invoices of MOBILE BIRDIE relating to the sale of products on the MOBILE BIRDIE website (www.mobilebirdie.com) or for the rendering of services by MOBILE BIRDIE to the buyer ("Customer") are subject to the following terms and conditions:


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Acceptance of Terms

The acceptance of any order by MOBILE BIRDIE is subject to customer's assent to all of the terms and conditions set forth in these "Terms and Conditions of Sale". Customer's assent to these terms and conditions shall be presumed from customer's receipt of these "Terms and Conditions of Sale" or from customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon MOBILE BIRDIE unless agreed to by MOBILE BIRDIE in writing. If a purchase order or other correspondence contains terms or conditions contrary to these "Terms and Conditions of Sale", the acceptance by MOBILE BIRDIE of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by MOBILE BIRDIE of any of the terms and conditions contained in these "Terms and Conditions of Sale". Any additional inconsistent or different "Terms and Conditions of Sale" or Conditions of Purchase of Buyer contained in Buyer's purchase order or other document submitted to MOBILE BIRDIE at any time, whether before or after the date hereof, are hereby expressly rejected by MOBILE BIRDIE .

Accuracy, Completeness and Timeliness of Information on the Site

We are not responsible if information we make available on this site is not true, accurate, current or complete. The materials on this site are provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the materials on this site will be at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time. You agree that it is your responsibility to monitor changes to the site.

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Contacting MOBILE BIRDIE

MOBILE BIRDIE may be contacted using any of the following methods:


Normal hours of operation are from Monday through Friday 8am to 5pm (CT). In special instances Mobile Birdie may be closed due to a holiday or other reasons. During those instances, MOBILE BIRDIE may not be readily available to respond to any inquiry. Inquiries during these times will be responded to on or after the next normal operating business day.

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Materials You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and non-infringement of any such materials. You may not upload to, distribute or otherwise publish through this site any content that is (i) libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable or inappropriate, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

If you do post content or submit material, and unless we indicate otherwise, you grant MOBILE BIRDIE and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant MOBILE BIRDIE and its affiliates the right to use the name you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the content you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify MOBILE BIRDIE and its affiliates for all claims resulting from content you supply. MOBILE BIRDIE has the right but not the obligation to monitor and edit or remove any activity or content. MOBILE BIRDIE takes no responsibility and assumes no liability for any content posted by you or any third party.

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Disclaimers

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE AT ANY TIME (i) YOUR ACCESS TO THE SITE OR ANY FEATURE OR ANY PART THEREOF AND (ii) YOUR USE FOR ANY PURPOSE WHATSOEVER OF ANY IMAGES FROM OUR IMAGE GALLERIES. MOBILE BIRDIE,  EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBILE BIRDIE, OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MOBILE BIRDIE,  DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

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Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER MOBILE BIRDIE,  NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY MATERIALS FROM THE SITE (INCLUDING IMAGES FROM OUR IMAGE GALLERIES) OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY INFORMATION, MATERIALS OR ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS (INCLUDING IMAGES FROM OUR IMAGE GALLERIES) AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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Indemnification

You agree to indemnify, defend and hold harmless MOBILE BIRDIE,  and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation of these Terms and Conditions or any activity related to your account (including but not limited to negligent or wrongful conduct), by you or any other person accessing the site using your user name or password. If you cause a technical disruption of the site (or any part thereof) or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

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Featured Links

This website may contain hyperlinks to other internet sites. These hyperlinks are provided for your information and convenience only. MOBILE BIRDIE does not control these other website's and is not responsible for their content; nor does the inclusion by MOBILE BIRDIE of hyperlinks to such website's imply any endorsement or approval of the material on such website's or any association with their operators. Check the URL address provided in your browser to determine whether you are still on this MOBILE BIRDIE website or have moved to another site.

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Intellectual Property Rights

This site features copyrights, trademarks, service marks and other proprietary materials that are the property of MOBILE BIRDIE and/or its affiliates, suppliers or licensors. The site also may include copyrights, trademarks, service marks and other proprietary materials that are the property of other third parties. All of these copyrights, trademarks, service marks and other proprietary materials are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner, except as specifically provided in these Terms and Conditions. This site and all of its contents including, but not limited to, text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

With the exception of the Image Galleries, the use of these Terms and Conditions, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, transmit, or in any way exploit any copyrights, trademarks, service marks and other proprietary materials that are the property of MOBILE BIRDIE and/or its affiliates, suppliers or licensors, except that you may copy, download and print materials from this site, provided you do not modify or delete any copyright, trademark, service mark or other proprietary notice that appears on the materials you copy, download or print.

Intellectual Property Rights of Others

We respect the intellectual property rights of others and request that our visitors do the same. Pursuant to Section 512(c) of the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, a copyright owner or its authorized agent may submit a notification for believed copyright infringement based on material that is residing on the MOBILE BIRDIE network.

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Termination of Privileges

MOBILE BIRDIE reserves the right to terminate your privilege of using all or any portion of this website, or any materials from the website, at any time and without prior notice to you if, in its sole judgment, you breach any of these Terms and Conditions, including all of your privileges and any accounts you may have established in connection with the website.

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Changes to These Terms and Conditions

MOBILE BIRDIE reserves the right to make changes to these Terms and Conditions at any time by posting the revised Terms and Conditions on the site. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. By continuing to use the website, you are agreeing to all changes made by MOBILE BIRDIE.

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Jurisdiction

This website is controlled and operated by MOBILE BIRDIE. The laws of the State of Texas and the United States of America govern these Terms and Conditions and your use of the site, and you irrevocably consent to the exclusive jurisdiction of the courts located in Texas for any action to enforce these Terms and Conditions. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Texas and the United States. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. If any material on this site or your use of the site is contrary to the laws of the place where you are when you access it, then the site is not intended for you and we ask you not to use the site. You may not use or export materials on this site in violation of United States export laws and regulations. This website is not intended to subject MOBILE BIRDIE to the laws or jurisdiction of any state, country or territory other than the State of Texas and the United States of America.

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Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms and Conditions constitute the entire agreement and understanding between you and MOBILE BIRDIE with respect to use of the website, superseding all prior or contemporaneous communications. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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Payment Terms

For customers with established credit, terms are net thirty (30) days from date of shipment. At the option of MOBILE BIRDIE expedited orders may be subject to special export payment terms and conditions. If credit is not established, please include payment with order or purchase through Visa or MasterCard. Cash or anticipation discounts are not accepted. All payments must be in U.S. dollars. MOBILE BIRDIE shall have the right of set-off, offset and deduction for any sums owed. If customer fails to make payment within thirty (30) days after shipment, MOBILE BIRDIE may defer shipments until such payment is made, or may at its option cancel all or any part of unshipped order and/or other unshipped orders. Any sums owed to MOBILE BIRDIE and not paid when due shall be subject to finance charges of 1.5% per month (18% APR) from the date payment becomes due until payment is received. In addition, MOBILE BIRDIE  shall be entitled to reimbursement for all costs of collection, including, but not limited to attorney fees whether or not legal action is instituted, and shall include all costs of trial and any appeal there from.

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Sales Tax

MOBILE BIRDIE is required to charge applicable state and local tax on every item for which sales tax exemption certification has not been provided. When ordering please indicate clearly which items are tax exempt and provide your tax exempt number. Internet sales are subject to sales tax requirements in the same manner as other retailers. The amount of sales tax charged depends on several factors, including the type of purchaser, the items purchased, and the state and/or local sales tax rate charged at the destination where the items are shipped. Sales tax will be charged by MOBILE BIRDIE where applicable, including but not limited to sales of certain items shipped to the following states: California, Arizona.

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Credit Balance

Customer agrees that any credit balance issued will be applied to purchases from MOBILE BIRDIE within one (1) year of its issuance. If not applied within one (1) year, any balance remaining will be subject to cancellation and MOBILE BIRDIE shall have no further liability. No cash payments shall be made for unapplied credits.

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Shipping Charges

All products shall be shipped F.O.B. Texas. Freight is prepaid and added to merchandise shipped (before tax and freight), unless otherwise stated, to customer's place of business anywhere in the contiguous United States, using routing of choice. Other terms apply to Alaska, Hawaii, Puerto Rico and export orders. Customer must pay any extra charges incurred for additional services, such as customer's carrier or special handling at the destination. If any item is backordered, on an order qualifying for freight prepayment, that item will be shipped prepaid. Title and risk of loss pass to customer on delivery to the carrier. If product was damaged in transit, customer must file claim with carrier.

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Limited Warranty

All products manufactured or distributed by MOBILE BIRDIE are warranted only to customers for resale or for use in business or original equipment manufacturer, against defects in workmanship or materials under normal use. Products, components and services provided by MOBILE BIRDIE have different warranty specifications, including the period during which the product is warranted after date of purchase. Contact MOBILE BIRDIE for details on the specific warranty period and limitations for the item(s) purchased. Any product which is returned to MOBILE BIRDIE requires a "returned goods authorization" with shipping costs prepaid. Returned products under warranty, determined by MOBILE BIRDIE to be defective in materials or workmanship, will be, as the exclusive remedy, repaired or replaced at the option of MOBILE BIRDIE.

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Warranty Disclaimer

The limited warranty is the sole warranty of MOBILE BIRDIE. Descriptions in product literature or elsewhere are not warranties. No warranty or affirmation of fact, express or implied, other than as set forth in these Terms and Conditions is made or authorized by MOBILE BIRDIE. MOBILE BIRDIE disclaims any liability for product defect claims that arise from product misuse, improper product selection or misapplication. MOBILE BIRDIE makes no warranty of merchantability or fitness for a particular purpose.

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Force Majeure

MOBILE BIRDIE shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, labor disruptions, shortages, inability to produce product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of MOBILE BIRDIE in the conduct of its business.

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Cancellation

Any cancellation or returns must be first approved in writing by MOBILE BIRDIE, and may be subject to restocking fees and other charges determined exclusively by MOBILE BIRDIE.

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E-mail: info@mobilebirdie.com