Product Condition, As-Is Disclaimer and Limited Remedy

1. Used goods. Units are used, refurbished, returned or overstock devices, unless the listing says "New sealed". They are not new, carry no manufacturer's warranty from BuyiMax, and may show wear, battery ageing and differences from photos within their grade.

2. The listing is the description. Each Unit is sold as described by its listing and invoice: model, storage, grade, carrier, lock status, battery band, test result and device status. Grades and test results are BuyiMax's good-faith assessment under the Grading Standards on the day the Unit was graded and tested. BuyiMax has the right to sell each Unit; a carrier's unpaid-balance status disclosed on a listing is a debt on a former owner's carrier account, not a lien that BuyiMax warrants against.

3. Disclaimer. EXCEPT THAT EACH UNIT WILL MATCH ITS LISTING WHEN SHIPPED, UNITS ARE SOLD "AS IS" AND "WITH ALL FAULTS". BUYIMAX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO EMPLOYEE, AGENT OR MESSAGE MAY ADD TO OR CHANGE THIS DISCLAIMER EXCEPT A WRITTEN AGREEMENT SIGNED BY BUYIMAX OR TERMS PRINTED ON THE INVOICE.

4. Sole remedy. THE BUYER'S SOLE AND EXCLUSIVE REMEDY FOR A UNIT THAT DOES NOT MATCH ITS LISTING IS CREDIT, REFUND OR REPLACEMENT UNDER THE RETURNS AND RMA POLICY. IF THAT REMEDY FAILS OF ITS ESSENTIAL PURPOSE, THE BUYER'S REMEDY IS A REFUND OF THE PRICE PAID FOR THAT UNIT. THE LIMITATION OF LIABILITY IN THE TERMS OF SERVICE APPLIES IN EVERY CASE.

5. The Buyer's own checks. The Buyer checks each Unit's IMEI, lock and carrier status, function and condition before reselling it, and makes its own statements and warranties to its customers. Any warranty the Buyer gives its customers is the Buyer's alone.

6. Resale to consumers. When the Buyer resells Units to consumers, the Buyer alone is responsible for the warranty, disclosure, return and cancellation rights the law gives those consumers, including the rules on used goods and "as is" sales in the state of sale.