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Motorola Terms of Sale

So, you want to buy one of our phones? Great! We love having you as a customer. And we certainly want you to be happy. That’s why we’re telling you what you can and can’t expect in the transaction. We don’t like unpleasant surprises any more than you do. These Terms apply between you and Motorola Mobility LLC. (“Motorola”) when you buy devices or accessories from this site (“Device”). It’s important that you read these Terms carefully. If you place an order for a device or accessory from this site, you are agreeing to these Terms, as well as to our website Terms of Use. Remember that if you buy a Device from somewhere other than this site, different terms of sale might apply to your purchase.

While all of our Devices are special, some are so special that additional terms are included in a Device specific addendum that’s included at the bottom of these Terms. If there is any conflict, the language in the addendum will control over these Terms.

 

PURCHASE/PAYMENT TERMS: SHOW US THE MONEY!

You’re not a store. You’re buying this phone for yourself or to give as a gift. We do not authorize reselling of products purchased on this site for commercial purposes. Warranty, support, and any other services provided are not transferable if you resell products purchased from this site.

Make sure you use a valid major credit and debit cards. Just in case there’s any confusion, taxes are on you, as are any fees and, of course, your monthly plan. When you place an order, you permit Motorola to charge the payment method in the total amount of your order, including any shipping and handling charges and taxes.

Remember that the Device price displayed on the site does not include shipping and handling charges or taxes. Those prices will be displayed at checkout.

For Moto X devices designed with Moto Maker: Because your Moto X is customized to your liking, your credit card will be charged IMMEDIATELY once you submit your order. Additionally, your credit card will be charged IMMEDIATELY for any accessories included on the order. This applies to orders including a virtual SKU.
 

 

PRICING MISTAKES

No one likes them, but everyone makes them once in awhile. If a pricing mistake happens you agree that Motorola will not be bound by that incorrect price, unless you have already been charged. If we notice a mistake and you haven’t been charged yet, we will let you know the correct price and you will get to choose to either continue with your order at the correct price or cancel it.

 

PLAN

You have to get a service plan on your phone to activate it. Those come from separate companies, and the plan is between you and them; Motorola isn’t a part of it. Be aware that they might charge you for canceling your plan early. Some carriers have a trial period with no cancelation fee at the end, but if you try to use that to get a phone without a plan at a reduced price, Motorola will charge you more than it would have cost to buy the phone without the plan in the first place. If you purchase a MOTO X made with Moto Maker and you cancel your plan early, but do not return your device, Motorola may charge you $300 for the unreturned device.

 

SHIPPEDY DO DA, SHIPPEDY-AY!

We currently use FedEx. If you buy one of our products off of our site through a third-party vendor, they might use something else, but you should still expect it to arrive in brand-new condition. If it doesn’t, let us know within 30 days or else we have to assume it wasn’t damaged in shipping. You pay shipping and handling as part of your order. If you order more than one product, they might arrive at different times. You aren’t charged for each item until it leaves our building, but of course you’ll be charged for everything you bought eventually. For Moto X devices designed with Moto Maker, your credit card will be charged IMMEDIATELY at time of order placement. When you buy a physical product, it’s yours as soon as it arrives – and if you lose it after that, that’s on you.

For Moto X devices designed with Moto Maker: Because your Moto X is designed and assembled in the USA you can create it from scratch just how you want it, and have it in your hands super fast. Of course, if you choose to make it with materials that are currently out of stock, backordered, or delayed it could take a bit longer. Unfortunately, at this time we can’t ship to P.O. Boxes or international addresses.

 

RETURNS

All in-warranty mobile phones and watches sold on this site can be returned for a refund within 14 days from date of delivery. All other products sold on this site, including Motorola branded accessories and 3rd party accessories can be returned for a refund within 30 days from date of delivery. All 3rd party accessories must be unopened and undamaged. California residents have up to 30 days to return their mobile phone. Follow the instructions in the box, or call us at 1-800-734-5870 and let us know you’re returning something.

You pay the shipping for the return, and you’ll be credited for the price of the product but not for the shipping you paid to receive it. And we are not charging for shipping your Moto Maker devices.

 

DATA AND DEACTIVATION

You are responsible for managing any data stored on your Device, including for example deleting, transferring and creating back-ups of such data.

 

RESTRICTIONS

 

  • You may not order more than the maximum number of Devices that we specify from time to time.
  • The Device may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply to your use of the Device. These laws may include restrictions on destinations, users, and end use.
  • You may only use the Device in accordance with the instructions and licenses that come with it, including instructions and licenses that may be available online. Motorola may provide software updates/upgrades that you will need to install in order for your Device and/or Motorola services to function properly, and the use of that software may be subject to additional licensing terms.

 

 

LIMITED WARRANTY: WHAT HAPPENS IF SOMETHING BREAKS

Motorola has a limited warranty for our Motorola-branded products. Motorola’s current limited warranty can be viewed here. Remember that Motorola reserves the right to change its warranty at any time. Also remember that some states don’t allow limitation on how long an implied warranty lasts, so some limitations may not apply to you. Our limited warranty gives buyers specific legal rights; depending on the state you live in, you might also have other rights.

If you buy another company’s products through us, you’ll have to check with them on the warranty. Please refer to the warranty that came with the packaging of the 3rd party product or visit their website. Motorola does not provide a warranty for 3rd party accessories.

For Moto X devices designed with Moto Maker: You put thought and love into your Moto X, so it’s worth a little extra respect. If you choose to purchase the Extended Warranty, it’ll protect you from yourself—dropping it and other accidental damage confirm—for the first two years (up to three claims).

OTHER THAN THE WARRANTIES WE LIST IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOTOROLA AND THE DEVICE MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
 

 

LIABILITIES: AKA, THINGS WE CAN’T BE HELD RESPONSIBLE FOR

We just build the phones. If your signal is weak or you drop a call, that’s usually the network; and we may not be able to do anything about it. Similarly, we can’t do anything about the billing on your plan or any other aspects of subscription services.

Also, we try to accurately depict our products on the site, but we find that many computer screens out there can’t reproduce the images with 100 percent accuracy, particularly the colors you see.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOTOROLA AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, "MOTOROLA PARTIES") SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A MOTOROLA PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOTOROLA PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO MOTOROLA UNDER THESE TERMS.

 

OTHER TIDBITS

• We can only ship to U.S. addresses (all 50 states and D.C.), and no P.O. boxes or freight forwarding. If you live in another country please use our country locator to see our product lineup for your market. Motorola may decline to ship Devices to certain addresses and Motorola reserves the right to reject your order. We indicate acceptance of an order by shipping the Device to the customer.

  • We do not sell to minors.
  • Any delivery dates or times provided by Motorola or its delivery agent are estimates only and can’t be guaranteed.
  • All features, content, specifications, Devices and prices of Devices and services described on the website are subject to change at any time. These specifications and descriptions are generally approximate and are provided for convenience only.
  • By purchasing a Device, you warrant that the Device ordered will be used only in a lawful manner.
  • We reserve the right to changes prices for products displayed on the site at any time.
  • Any controversy or claim arising out of or relating to these terms or any products or services sold or distributed through this site will be resolved by binding arbitration, instead of in court. The arbitration will take place in a location determined by the arbitrator as set forth in these terms (provided that such location is reasonably convenient for claimant), or a different location as may be mutually agreed upon by the parties. The arbitration will be conducted under the rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator will apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Motorola will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
  • If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Motorola shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to the arbitration will have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
  • THE ARBITRATION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
  • The Terms in effect at the time you place an order for the Device will apply to such order and Device. We reserve the right to make changes to these Terms from time to time, and any such changes will apply to future orders.
  • If it turns out that a particular term is not enforceable, this will not affect any other terms.
  • Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control. If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
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