Terms of Service

These Terms of Service (the "Terms") are a binding agreement between BuyiMax Inc., a California corporation ("BuyiMax", "we", "us"), and the business (the "Buyer", "you") that opens an account on BuyiMax Wholesale, our wholesale site at buy.buyimax.com (the "Site").

1. Acceptance. A User accepts these Terms for the Buyer by ticking the box beside them at sign-up, or at sign-in when we ask for acceptance of a new version. The User confirms that they are authorized to bind the Buyer. The Conditions of Sale, Payment Terms, Shipping, Risk of Loss and Shipment Protection, Returns and RMA Policy, Product Condition, As-Is Disclaimer and Limited Remedy, Device Status Disclosure, Grading Standards, Auction Rules, Electronic Communications and Messaging Consent and Data Sanitization Statement are part of these Terms (together, the "Agreement"). The Privacy Policy explains how we handle personal information and is not part of the Agreement.

2. Who may buy. BuyiMax Wholesale sells used and refurbished phones, tablets and other electronics ("Units") to businesses that buy for resale. You confirm that the Buyer is a business registered where it operates, that it buys for resale or for business use and never for personal, family or household use, and that each User is at least 18 years old. We approve each Buyer at our discretion and may ask for the Buyer's legal name, business type, address, phone, tax identification number and resale certificate before and after approval. We may decline or end any application without giving a reason, except as the law requires.

3. Accounts and Users.

• 3.1 An owner of the Buyer's account may invite Users and give each the role of owner, purchaser or viewer. The Buyer is responsible for every act of its Users, and for every order, offer, bid and payment made through its account.
• 3.2 Each User keeps their own sign-in credentials secret, uses a second step of sign-in where offered, and tells us at once at wholesales@buyimax.com of any lost credential or use they did not authorize.
• 3.3 The Buyer keeps its account details true and current. Changes to the legal name, business type, tax identification number and business address take effect when we approve them.

4. Use of the Site. You will use the Site only to view, buy and arrange the purchase of Units for the Buyer. You will not: give false information; share credentials; use the Site for anyone other than the Buyer; scrape, copy or resell listing data, prices or photos other than to describe Units you have bought; interfere with the Site's security or operation; bid or offer without intending to pay; or use the Site in breach of any law. We may refuse, cancel or limit any use that we reasonably believe breaks this section.

5. Listings, prices, offers, requests and quotes.

• 5.1 Each listing describes a group of Units by model, storage, grade, carrier, lock, battery band, color where shown, and device status. Photos show a typical Unit of the group unless they say otherwise. Grades follow the Grading Standards.
• 5.2 Prices are in US dollars, exclude sales tax, and may change at any time before an order is placed. A listing is an invitation to make an offer to buy, not an offer to sell.
• 5.3 You may make an offer below the list price, ask for a quote, or post a request to buy. An offer, counter or quote binds only when accepted on the Site within its stated time. Quotes hold no stock until accepted.
• 5.4 We may set a discount for a Buyer in its terms. A Buyer receives either its own discount or any volume break we publish, whichever is better, never both, and never more than 20% off list.

6. Orders. Orders are formed, confirmed, invoiced, revised and cancelled under the Conditions of Sale.

7. Payment. You pay each invoice under the Payment Terms. Unpaid invoices and their consequences are set out there.

8. Shipping and risk. Shipping methods, own labels, pickup, Shipment Protection, title and risk of loss follow the Shipping, Risk of Loss and Shipment Protection document.

9. Returns. The only way to return a Unit, and the remedy for a Unit that does not match its listing, is the Returns and RMA Policy.

10. Condition of Units. UNITS ARE USED GOODS SOLD "AS IS" UNDER THE PRODUCT CONDITION, AS-IS DISCLAIMER AND LIMITED REMEDY, WHICH EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. Compliance with law, export and sanctions.

• 11.1 You will comply with every law that applies to your purchase, resale, export, import, transport and use of Units, including sales tax, consumer protection, secondhand dealer, data protection, e-waste and battery transport law.
• 11.2 You will not export, re-export or transfer any Unit in breach of the US Export Administration Regulations, the sanctions administered by the US Treasury Department's Office of Foreign Assets Control, or any other export control or sanctions law. You confirm that the Buyer, its owners and its Users are not on any US government restricted-party list and are not located in, or acting for anyone in, a country or region under comprehensive US sanctions. We may refuse or cancel any order that we reasonably believe would break this section.

12. Limitation of liability. TO THE FULLEST EXTENT THE LAW ALLOWS: (A) BUYIMAX IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST RESALES, LOST DATA, BUSINESS INTERRUPTION OR LOSS OF GOODWILL, HOWEVER CAUSED AND UNDER ANY THEORY; AND (B) BUYIMAX'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO AN ORDER, THE MARKET OR THE AGREEMENT IS LIMITED TO THE AMOUNT THE BUYER PAID FOR THE ORDER THE CLAIM CONCERNS, OR, IF NO ORDER IS CONCERNED, ONE HUNDRED US DOLLARS. NOTHING IN THE AGREEMENT LIMITS LIABILITY FOR FRAUD, WILLFUL INJURY, OR A VIOLATION OF LAW THAT THE LAW DOES NOT ALLOW TO BE LIMITED.

13. Indemnity. The Buyer will defend, indemnify and hold harmless BuyiMax and its officers, employees and agents against any third-party claim, and the resulting losses, fines, costs and reasonable attorneys' fees, arising from: the Buyer's or its Users' breach of the Agreement or of law; the resale, export, repair or use of Units after delivery; or any statement the Buyer makes to its own customers about a Unit.

14. Strikes, suspension and termination.

• 14.1 An unpaid invoice whose payment window ends adds one strike to the Buyer's account. At three strikes, ordering, offers and bids pause until we reset them.
• 14.2 We may suspend or close a Buyer's account, end its offers, requests and bids, and cancel unpaid orders if the Buyer breaks the Agreement, gives false information, files a payment dispute it does not pursue through the Returns and RMA Policy first, or if we must do so by law. Users of a suspended Buyer are signed out.
• 14.3 The Buyer may close its account by writing to wholesales@buyimax.com once no order is open. Sections 10 to 17 and 20 survive the end of the Agreement.

15. Governing law, courts and time to sue.

• 15.1 California law governs the Agreement and any dispute about it, the Site or any order, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
• 15.2 Any action must be brought in the state or federal courts located in Orange County, California, and each party consents to their jurisdiction.
• 15.3 Before starting an action, the party with the claim gives written notice to the other, and both try in good faith for 30 days to settle it. This does not stop a party from seeking urgent relief to protect property, confidential information or security.
• 15.4 Any claim arising from an order must be brought within one year after it arises, to the extent the law allows.

16. Our content and your feedback. The Site, its software, listings, photos, grading text and marks belong to BuyiMax or its licensors. We give each User a limited, revocable right to use the Site for the Buyer under the Agreement. Ideas or feedback you send may be used by us without obligation.

17. Confidentiality. Our bank details, prices offered to you in offers and quotes, and non-public parts of the Site are confidential. You will use them only to deal with us and will not disclose them, except as the law requires.

18. Privacy and communications. We handle personal information as the Privacy Policy describes, and send messages as the Electronic Communications and Messaging Consent describes.

19. Events beyond control. Neither party is liable for delay or failure, other than a failure to pay, caused by events beyond its reasonable control, including carrier failures, natural disasters, epidemics, government action, labor disputes, and internet, power or service-provider outages.

20. General.

• 20.1 Changes. We may change the Agreement by posting a new version on the Site. A material change takes effect for a Buyer when one of its Users accepts it at sign-in; until then, Users may sign in and read but not order, offer, bid or ask for a return. Other changes take effect when posted. An order is governed by the version in force when it was placed.
• 20.2 Entire agreement and order of precedence. The Agreement, with any written agreement signed by BuyiMax, is the whole agreement on its subject. A signed written agreement governs first, then the invoice, then the document for a specific subject, then these Terms. Terms in a Buyer's purchase order or other form do not apply unless BuyiMax signs them.
• 20.3 Notices. We give notice on the Site or by email to the Buyer's owners. The Buyer gives notice to wholesales@buyimax.com.
• 20.4 Assignment. The Buyer may not assign the Agreement without our written consent. We may assign it to an affiliate or a successor to our business.
• 20.5 Other terms. If a provision is unenforceable, it is enforced to the extent allowed and the rest stays in force. A failure to enforce is not a waiver. The parties are independent contractors. No third party has rights under the Agreement. English governs; any translation is for understanding only.

21. Contact. BuyiMax Inc., Garden Grove, California; wholesales@buyimax.com.