TERMS AND CONDITIONS
1. Offer to Purchase/Formation of Contract. When placing an order on our Site, you are effectively offering to purchase whatever products you select. We reserve the right to accept or reject any order in our own discretion and by placing your order you agree to purchase the products and have no right to return or cancel your order except as provided herein.
2. Returns. Company will only accept returns of unopened, undamaged products if (i) received by Company within ten (10) days of customer’s receipt of the product and (ii) the return is from the individual who purchased the products and proof of purchase is provided with the product. All shipping costs associated with any returns are the responsibility of the customer.
3. Delivery/Taxes/Other Charges. Customer shall pay all costs associated with delivery and shipping at the time of purchase, unless otherwise noted by Company at the time of sale. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Customer is responsible for payment of all sales, use, excise and related taxes. Payment may only be made with a valid credit, debit card or use of a bona-fide electronic payment provider (i.e. PayPal) as accepted by Company from time to time. By using any such card or payment provider, you are hereby representing and warranting to Company your full right and authority to make such purchase in the manner elected without violating any applicable law, rule or regulation.
4. Representations and Warranties of Customer. You represent and warrant to Company as follows: (i) that you have the right to enter into any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale and/or export.
5. Disclaimer of Warranties. COMPANY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES AND SIMILAR OBLIGATIONS INCLUDING WITHOUT LIMITATION THOSE OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT, WHETHER OTHERWISE ARISING BY LAW, CUSTOM, USAGE, TRADE PRACTICE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
6. Limited Warranty. Company products are warranted for 5 years from date of purchase, to be free from material defects in materials and workmanship for the original owner. Whether such parts or products are materially defective is subject to Company’s sole and absolute discretion. This limited warranty is limited to the repair or replacement of the part or parts which is determined by Company to be defective, in its sole and absolute discretion. Replacement shipping costs will be covered by Customer. Items that sustain normal wear of protective finishes, normal wear of metal or plastic parts, damage or malfunction resulting from accident, negligence, misuse or unauthorized alteration/modification, will be excluded from this warranty. The replacement or repair of the products by Company pursuant to this limited warranty does not give rise to any new warranty, and any warranty period provided for herein shall not be extended by the length of any period from the date the defective or non-conforming products are received by Company until the date repaired or replacement products are delivered to Buyer.
7. Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THE CLAIMS OF THIRD PARTIES FOR SUCH DAMAGES. Customer waives any causes of action or theories of liability including, but not limited to, those arising under contract, tort, strict liability, product liability, statutes, or otherwise, except as specifically provided by the UCC as modified and limited herein.
8. Products Not Manufactured by Company. The purchase of any products that are not manufactured by Company (i.e. products sold by Company that are manufactured by any other third party) are not subject to the limited warranty in Section 6 and Company shall have no liability of any kind, and no warranty of any kind shall apply to such products. Customer acknowledges that customer’s sole and exclusive remedy shall be against the manufacturer of such products.
9. International Traffic in Arms Regulations (ITAR)/Export Regulations. Customer acknowledges that certain of Company’s products and products of others sold by Company may be subject to the International Traffic in Arms Regulations (ITAR), and are subject to export control laws of the U.S. Government. Therefore, export or retransfer of such products by any means to any foreign end user, or for any other end use, whether in the U.S. or elsewhere is strictly prohibited. The sale, transfer, transportation, or shipment outside of the U.S. of any product prohibited or restricted for export without complying with U.S. export control laws and regulations, including proper export licensing, documentation or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime. Company will not engage in any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products.
10. Force Majeure. Company shall not be held responsible for delays or non-performance, for damage to products during shipping, or for any other delays or failure to perform that are caused by factors outside of the Company’s control, including acts of god.
11. Governing Law. All sales are made and subject to the Laws of the State of New York.
12. BINDING ARBITRATION. CUSTOMER AGREES TO GIVE UP: (I) YOUR RIGHT TO LITIGATE ANY CLAIMS THAT MAY ARISE HEREUNDER IN COURT OR BEFORE A JURY; AND (II) YOUR RIGHT TO CONSOLIDATE ANY CLAIM AND/OR PARTICIPATE IN ANY CLASS-ACTION CLAIM THAT MAY ARISE HEREUNDER IN ANY MANNER OR FORUM. INSTEAD, ANY CLAIM, DISPUTE, OR CONTROVERSY OF ANY KIND OR NATURE ARISING HEREUNDER WHICH CANNOT BE AMICABLY RESOLVED BY US SHALL BE SOLELY AND FINALLY SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL TAKE PLACE BEFORE A PANEL OF THREE ARBITRATORS SITTING IN BROOME COUNTY, STATE OF NEW YORK. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH. THE ARBITRATORS WILL BE BOUND TO ADJUDICATE ALL DISPUTES IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. THE DECISION OF THE ARBITRATOR(S) SHALL BE IN WRITING WITH WRITTEN FINDINGS OF FACT AND SHALL BE FINAL AND BINDING ON THE PARTIES. WE SHALL BEAR ALL OF OUR OWN COSTS AND YOU SHALL BE RESPONSIBLE FOR ALL OF YOUR OWN COSTS. WITH RESPECT TO ANY ARBITRATION HEREUNDER, AS STATED ABOVE, YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO CONSOLIDATE ANY CLAIM AND/OR PARTICIPATE IN ANY CLASS-ACTION CLAIM OF ANY KIND OR NATURE. THIS SECTION 12 PROVIDES YOUR SOLE RECOURSE FOR THE SETTLEMENT OF ANY DISPUTES ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THESE TERMS. IF ANY PROVISION OF THIS CLAUSE IS FOUND UNENFORCEABLE, SUCH UNENFORCEABLE PROVISION WILL BE REMOVED AND THE REMAINING TERMS WILL BE ENFORCED.