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TERMS OF USE

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY WIRELESS WAREHOUSE OF CANADA INC. (“WIRELESS WAREHOUSE”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT www.wholesalephonelots.com (THE “SITE”) AND ALL SERVICES PROVIDED BY WIRELESS WAREHOUSE ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1. AMENDMENTS TO THE TERMS OF USE

You understand that Wireless Warehouse may amend the Terms of Use from time to time without notice to you by posting the changes on the Website. You should review these terms each time you elect to use any of the Services. The amended Terms of Use will automatically be effective thirty days after changes are first posted on the Website. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, YOU MAY REFUSE SUCH CHANGE BY DISCONTINUING ALL ACCESS TO THE WEBSITE AND USE OF THE SERVICES IN ANY MANNER FOR ANY PURPOSE. IF YOU CONTINUE TO ACCESS THE WEBSITE OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE AFTER SUCH CHANGE BECOMES EFFECTIVE, SUCH ACCESS AND/OR USE CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS OF USE.

CONDITIONS ON PHONES

BRAND NEW: All phones were purchased thru carrier overstock liquidations and are BRAND NEW. All phones will come complete with battery, battery door, and charger. NO BOXES, BULK PACKED. 90-day warranty (manufacturer may offer a year warranty).

FACTORY REFURB: All phones were purchased thru AT&T or T-mobile carrier liquidation auctions. These phones could be sold as new but we are selling them as carrier refurbs. They look EXCELLENT, have NO scratches on the phone and are FULLY TESTED. All phones will come complete with battery, battery door, charger. NO BOXES, BULK PACKED. BOXES CAN BE PURCHASED FOR $1 MORE. 90-day warranty

A MINUS: All phones are tested and have very minor light scratches on them. They have been cleaned and de sanitized and have lens tape on them. If your customers are looking for a lower priced phone then these are for them. All phones will come complete with battery, battery door (chargers and boxes can be purchased for $1-$1.50 each). 30-day warranty

B STOCK: All phones are tested and have several light scratches and blemishes on them. Will have signs of wear and use.  They have been cleaned and de sanitized and have lens tape on them. If your customers are looking for a lower priced phone then these are for them.  30-day warranty
 
C STOCK: All phones are tested and have many light scratches and blemishes and on them. Will have signs of heavy wear and use.  They have been cleaned and de sanitized and have lens tape on them. If your customers are looking for a lower priced phone then these are for them.  30-day warranty

POWER UP PHONES:  These phones were purchased directly thru carrier liquidations within the USA and they are required to clear all data on the phones. These obviously have to power on to clear the data so these phones you will average about 90% plus working with good power on and good lcd. However, we dont guarantee anything other then us telling you that we bought it from a carrier and it was data cleared prior to sale so you should get 90% plus working. There is NO WARRANTY.  

USED PHONES: The phones are collected from a large USA carrier that collects them from consumers that want to upgrade to a newer phone. All phones you will receive will be on average 75-80% power up, test call, good lcd. That is why we have them listed as USED PHONES because you will get a 75-80% average. Sometimes you will get 75% good, sometimes you will get 80% good but it will average out to 75-80%. We DO NOT buy junk from other companies and resell them like other companies do. These are pure RAW phones. We DO NOT guarantee cosmetics. The phones are going to be in USED condition. The cosmetics will range from “A” to “B”stock. We do not pull out all the A stock good ones and sell them on ebay for more money like the competitor does. We pass the good ones on to you. We sell them as RAW phones and you will get “some” A stock phones.  All phones will come complete with battery, and battery door except where it says handset only. All USED phones are sold AS-IS. There is NO WARRANTY.

2. MODIFICATIONS TO OR TERMINATION OF SERVICE

Wireless Warehouse reserves the right, in our sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) and/or to add, delete or modify some or all of the Services, with or without notice. Any new or changed features or Services that Wireless Warehouse puts on the Website will be subject to the terms and conditions of the Terms of Use. You agree that Wireless Warehouse shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or any Services.

In addition, Wireless Warehouse, in its sole discretion with or without notice to you, may (a) terminate your password and your use of this entire Website or your use of any feature of the Website, and/or (b) remove and discard any of Your Information stored on the Website.

3. REGISTERED USERS

The Services offered on the Website are available only to entities and to individuals who accept the Terms of Use and who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. You must be 18 years of age or older in order to participate in the bidding process. Wireless Warehouse may refuse any or all of the Services to anyone at any time, in our sole discretion. When you sign up, you will select a user name and a password so that you can access your account at the Website. You agree that you will keep this information confidential. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. You are solely responsible for activities regarding your account and password (including activities by third parties using your user name and password or using a login session you commenced). If you think there has been unauthorized use of your account or password, you agree to immediately notify Wireless Warehouse and cooperate to resolve the issue. You understand that if you do not follow the terms of this paragraph, Wireless Warehouse may suspend or terminate your use of the Website. You understand that Wireless Warehouse is not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.

4. YOUR INFORMATION

All information you provide to Wireless Warehouse about yourself during the registration process or through any other feature on the Website will be referred to as “Your Information.” You represent and warrant that Your Information will be true, accurate, current and complete. You will promptly update Your Information to keep it true, accurate, current and complete at all times. Wireless Warehouse will only use Your Information in accordance with our Privacy Policy. Your Information shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or create liability for Wireless Warehouse or cause Wireless Warehouse to lose the services of its ISP’s or other suppliers.

5. WIRELESS WAREHOUSE FACILITATES AUCTIONS

The Website is a public venue where persons can sell and buy wholesale cellular phones and tablets. The Website is primarily a venue for sellers to conduct auctions and bidders to bid on auctions. Unless otherwise expressly stated by Wireless Warehouse, Wireless Warehouse is involved only as a facilitator and/or agent in the transaction between buyers and sellers. As a result Wireless Warehouse has limited control over the items put up for auction, including without limitation, control with respect to quality, safety or legality of items for sale, truth or accuracy of listing for sale items, or the ability of buyer(s) to engage in any transaction over the Website. Wireless Warehouse cannot and does not control whether buyers will complete the purchase or sale of items upon which they have bid. Because user authentication on the Internet is difficult and many times impossible, Wireless Warehouse cannot and does not confirm that each user is who he or she claims to be.

You release Wireless Warehouse and our agents and employees from losses, expenses, claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with or arising from: (1) any information or content placed on our Website by you, any seller, buyer or other user, (2) any dispute you may have with any seller, buyer or other user of our Website, and (3) any use or disclosure of all or any of Your Information to any third party by any seller, buyer, or other user of the Website. It is the buyer’s responsibility, and it is not the responsibility of Wireless Warehouse, to have knowledge of, obey, or comply with any applicable federal, state or local laws and regulations regarding transportation, handling, storage, purchasing, possession, use, misuse or ownership of the items sold on our website.

 

6. BIDDING AND BUYING

In order to bid on an auction item, you must have a valid PayPal account on file. At the conclusion of each auction, the winning bid amount plus all additional charges (tax, handling, shipping, etc), will be automatically charged to the winning bidder’s payment source. If the charge to your payment source is declined for any reason, you may be charged a fee per occurrence and Wireless Warehouse may, in its sole discretion, suspend or terminate your account. Wireless Warehouse may also withhold shipment or delivery of any item to you until you have paid in full, including fees, for all of your items currently in process. In the event payment declines for any reason, you will be given 2 business days to correct the billing error. Any outstanding orders not paid within 2 business days after close of auction are subject to cancellation without further notice.

If you are the highest bidder when an auction ends and your bid is equal to or more than the minimum bid price (or in the case of reserve auctions, at or above the reserve price), and your if bid is then accepted by the seller or Wireless Warehouse acting on the seller’s behalf, you are legally obligated to complete the transaction unless the transaction is prohibited by law. Wireless Warehouse does not acquire title to items sold through the Website and title will pass from seller to you at the point determined by applicable law. At any time, the seller or Wireless Warehouse may cancel any bid made by you. Wireless Warehouse may also cancel any auction at any time, including after completion. You may not revoke a bid, except in exceptional circumstances such as the seller materially changing the description of the item after your bid, or clear typographical errors. You may not bid in a way that pulls other bidders to their maximum bid, or retract the high bid, and then rebid at a small increment above the legitimate high bidder, which is a form of bid manipulation. Without limiting any other remedies, Wireless Warehouse may suspend or terminate your account and any or all of your bids if you are found by conviction, settlement, insurance investigation, or otherwise, to have engaged in fraudulent activity in connection with our Website. Wireless Warehouse may also report fraudulent activity to the seller and/or law enforcement authorities.

7. SHIPPING AND RETURN POLICY AND TAXES

[Shipping and return Policy]

 

In addition, if you bid on any item, you thereby agree to be bound by any additional terms and conditions of sale identified in the item’s description or related thereto, except to the extent such additional terms and conditions are contrary to or inconsistent with the Terms of Use or unlawful. Risk of loss of or damage to any items purchased passes to you upon delivery to the carrier. All amounts specified on the Website are quoted in Canadian dollars and all charges made by Wireless Warehouse to your credit card will be in Canadian dollars. You are responsible for payment of any sales, use, consumption, VAT, excise, or other taxes (including taxes measured by receipts from any transaction) imposed by any taxing authority and required to be paid or collected by Wireless Warehouse or you as a result transactions completed using the Website or Services. Wireless Warehouse may withhold, on behalf of the seller, any such taxes assessed in any transaction. However, even if Wireless Warehouse or the seller does not withhold and pay such taxes, you remain responsible for any taxes that may be assessed by any governmental authority.

8. PRIVACY POLICY

Wireless Warehouse collects personal information on the Website. To learn more about how Wireless Warehouse collects and uses Your Information please see the Privacy Policy on the Website, which is incorporated herein by reference. In using the Website, you may choose to give all or a portion of Your Information to Merchants, sellers or other users of the Website. To the extent you give any of Your Information to any person or entity on the Website other than Wireless Warehouse, you assume the risk that the person or entity may not keep Your Information confidential and may use it for commercial or other purposes without your knowledge or consent.

9. CONDUCT OF USERS

Wireless Warehouse believes that all users of the Website and Services benefit from basic rules regarding conduct while using the Services so that information and ideas may be shared freely, and so that commerce can be conducted fairly. To achieve these ends, you agree to follow the following basic rules of conduct when using the Website and/or Services:

  1. You will comply with the Terms of Use and all applicable laws;

  2. You will never give your password to anyone and you will not provide your billing or credit information except to make a purchase;

  3. You will not harass, threaten or abuse other people when using the Website in any manner, and you will not post or transmit to the Website any unlawful, fraudulent, harassing, libelous, defamatory or obscene material of any kind; nor will you post or transmit to the Website any information in violation of another’s copyright or intellectual property rights;

  4. You will not attempt to harvest any screen names or e-mail addresses for any commercial use; and you will not collect or store personal information about any other individual on the Website, or otherwise stalk, repeatedly contact or harass another user;

  5. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Wireless Warehouse, similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;

  6. You will not manipulate the Services so as to hide your identity or participation in Services on the Website (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);

  7. You will not knowingly use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website; nor will you redeliver any content using framing, hyperlinks, or other technology without Wireless Warehouse’s express written permission;

  8. You will not post any content or other material that contains any viruses, cancelbots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services Wireless Warehouse provides, users’ ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services; and

  9. You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Services, except in areas that specifically authorize you to do so (auction forums, for instance).

  10. If you violate any of the rules of conduct set forth above, or any other aspect of the Terms of Use, Wireless Warehouse reserves the right to suspend or terminate your rights to use the Services without giving you any notice.

10. YOU AGREE TO COMPLY WITH ALL LAWS

Without limitation to the foregoing, you specifically agree that when you use the Website or the Service in any way, you will comply at all times with all applicable federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.

11. WIRELESS WAREHOUSE RIGHT TO REGULATE

You authorize Wireless Warehouse and its contractors to cooperate with any law enforcement or governmental agency that is investigating alleged or actual violations of any laws of any jurisdiction, which cooperation includes, but is not limited to, Wireless Warehouse voluntarily disclosing (i.e., without being subject to a lawful order to disclose) to the law enforcement and governmental agencies any or all of Your Information. You acknowledge that Wireless Warehouse has the right, but no obligation, to monitor the Website and disclose any information necessary in connection with the foregoing, or necessary to operate the Website, to protect Wireless Warehouse, its licensors and business partners and customers. Wireless Warehouse reserves the right to post or remove any information on the Website, in whole or in part, for any reason.

12. INDEMNITY

You will indemnify and hold harmless Wireless Warehouse and its subsidiaries and their respective affiliates, directors, officers, shareholders, employees, agents, printers, contractors, co-branders, suppliers, internet service providers, and partners from any loss, cost, claim, demand or other harm of any kind, including reasonable Solicitors’ fees, due to or arising out of:

  • Your Information;

  • Your use of the Website or Services;

  • The use of the Website or Services by any person who uses the Website or Services while logged on under your user name and password;

  • Your default under any provision in the Terms of Use; and

  • Your violation of any laws or of any rights of a third party.

13. BREACH

Without limiting other remedies, Wireless Warehouse may immediately issue a warning, temporarily or indefinitely suspend or terminate your membership and refuse to provide Services to you if (a) you breach the Terms of Use; (b) Wireless Warehouse is unable to verify or authenticate any information you provide to Wireless Warehouse; or (c) Wireless Warehouse believes that your actions may cause legal liability for you, other users or Wireless Warehouse.

14. DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WIRELESS WAREHOUSE DISCLAIMS, ON ITS OWN BEHALF AND, WHEN ACTING AS AN AGENT, ON BEHALF OF ITS PRINCIPAL, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WIRELESS WAREHOUSE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE QUALITY, ACCURACY OR RELIABILITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICES WIRELESS WAREHOUSE MAKES NO WARRANTY THAT THE WEBSITE, SERVICES OR ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT USE OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. IT IS YOUR RESPONSIBILITY, AND IT IS NOT THE RESPONSIBILITY OF WIRELESS WAREHOUSE, TO HAVE KNOWLEDGE OF, OBEY, OR COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS REGARDING TRANSPORTATION, HANDLING, STORAGE, PURCHASING, POSSESSION, USE, MISUSE OR OWNERSHIP OF THE ITEMS SOLD ON OUR WEBSITE. NO ADVICE, OPINIONS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WIRELESS WAREHOUSE OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Some jurisdictions do not allow the exclusion of certain warranties, so the some of the foregoing exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.

15. LIMITATION OF LIABILITY

WIRELESS WAREHOUSE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WIRELESS WAREHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (B) YOUR PURCHASE OF ANY PRODUCT, ITEM, GOOD OR SERVICE THROUGH THE WEBSITE OR SERVICES; (C) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES. WIRELESS WAREHOUSE’S LIABILITY, AND THE LIABILITY OF OUR PRINTERS, SUPPLIERS, CONTRACTORS AND VENDORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT OF FEES YOU HAVE PAID TO WIRELESS WAREHOUSE IN THE 12 MONTHS BEFORE THE ACTION GIVING RISE TO LIABILITY. Some jurisdictions do not allow certain limitations of liability, so the foregoing limitations may not apply to you.

16. LINKS

The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Wireless Warehouse will not be responsible for the availability of any external sites or resources to which Wireless Warehouse hyperlinks (“Linked Sites”), and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from Linked Sites. Wireless Warehouse will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites.

17. WIRELESS WAREHOUSE PROPRIETARY RIGHTS

The Website and any necessary software used in connection with it (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you on the Website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Wireless Warehouse or its advertisers, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part. You will not access the Website by any means other than through the interface that is provided by Wireless Warehouse for use by the public in accessing the Website.

18. PROHIBITED PRODUCTS; THIRD PARTY PROPRIETARY RIGHTS

It is the policy of Wireless Warehouse not to permit the sale through the Website of any items that are illegal or hazardous or infringe upon any patent, trademark, copyright, or other intellectual property right (arising under the laws of any jurisdiction) or other proprietary right of any third party (“Prohibited Products”).

19. NO AGENCY

No agency, fiduciary, partnership, joint venture, employee–employer or franchiser-franchisee relationship is intended or created by the Terms of Use.

20. NOTICE

Notices from Wireless Warehouse to you and from you to Wireless Warehouse may be given by either email or regular mail. Notice is deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. The Website may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Website.

21. ARBITRATION

Any controversy or claim arising out of or relating to the Terms of Use or our Services (other than claims for non-monetary equitable relief) shall be settled by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Without limitation to the other limitations set forth in the Terms of Use, in any arbitration proceeding, the tribunal may award only compensatory damages and is not empowered to award punitive or exemplary damages. Either you or Wireless Warehouse may seek any equitable relief from a court of competent jurisdiction, necessary to protect the rights or property of you or Wireless Warehouse pending the completion of arbitration. You and Wireless Warehouse hereby submit to the personal jurisdiction of the courts located in the Province of Ontario for purposes of enforcement of an arbitration award or for purposes of any action seeking equitable relief.

22. GENERAL INFORMATION

The Terms of Use (including any material incorporated by reference) is the entire agreement between you and Wireless Warehouse and governs your use of the Website and the Services. The Terms of Use supersedes any prior agreements between you and Wireless Warehouse. You also may be subject to additional terms and conditions that may apply when you use third-party content, software or services. The Terms of Use and the relationship between you and Wireless Warehouse will be governed by the laws of the province of Ontario without regard to its conflict of law provisions. The failure of a party to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of the right or provision. The headings in the Terms of Use are inserted for convenience of reference only and shall not constitute a part hereof. Nothing in the Terms of Use is intended nor shall it be construed to confer any rights or remedies upon any person or entity other than you and Wireless Warehouse. Whenever possible, each provision of the Terms of Use will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Terms of Use is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Terms of Use and the parties agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the invalidated provision, and the other provisions of the Terms of Use remain in full force and effect.

LAST UPDATED: [DATE]

Q. What are the different type of conditions of the phones and what do they mean ?

CONDITIONS ON PHONES

  

BRAND NEW: All phones were purchased thru carrier overstock liquidations and are BRAND NEW. All phones will come complete with battery, battery door, and charger. NO BOXES, BULK PACKED. 90-day warranty (manufacturer may offer a year warranty).

  

FACTORY REFURB: All phones were purchased thru AT&T or T-mobile carrier liquidation auctions. These phones could be sold as new but we are selling them as carrier refurbs. They look EXCELLENT, have NO scratches on the phone and are FULLY TESTED. All phones will come complete with battery, battery door, charger. NO BOXES, BULK PACKED. BOXES CAN BE PURCHASED FOR $1 MORE. 90-day warranty

  

A MINUS: All phones are tested and have very minor light scratches on them. They have been cleaned and de sanitized and have lens tape on them. If your customers are looking for a lower priced phone then these are for them. All phones will come complete with battery, battery door (chargers and boxes can be purchased for $1-$1.50 each). 30-day warranty

  

POWER UP PHONES:  These phones were purchased directly thru carrier liquidations within the USA and they are required to clear all data on the phones. These obviously have to power on to clear the data so these phones you will average about 90% plus working with good power on and good lcd. However, we dont guarantee anything other then us telling you that we bought it from a carrier and it was data cleared prior to sale so you should get 90% plus working. There is NO WARRANTY.  

  

USED PHONES: The phones are collected from a large USA carrier that collects them from consumers that want to upgrade to a newer phone. All phones you will receive will be on average 75-80% power up, test call, good lcd. That is why we have them listed as USED PHONES because you will get a 75-80% average. Sometimes you will get 75% good, sometimes you will get 80% good but it will average out to 75-80%. We DO NOT buy junk from other companies and resell them like other companies do. These are pure RAW phones. We DO NOT guarantee cosmetics. The phones are going to be in USED condition. The cosmetics will range from “A” to “B”stock. We do not pull out all the A stock good ones and sell them on ebay for more money like the competitor does. We pass the good ones on to you. We sell them as RAW phones and you will get “some” A stock phones.  All phones will come complete with battery, and battery door except where it says handset only. All USED phones are sold AS-IS. There is NO WARRANTY.

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