TERMS AND CONDITIONS
THIS IS A BINDING CONTRACT. All purchases, including internet purchases, by the party whose name appears on this invoice ("Buyer") are subject to the terms of this contract. Pomo Sports, Inc. (hereinafter "Company") shall not and obligated to accept any or all purchase order placed by Buyer, and each order is subject to Company's approval in its sole discretion. All additional or conflicting terms presented in Buyer's purchase orders or other documentation or oral negotiations between the parties shall be deemed explicitly rejected by Company and shall have no effect whatsoever. This contract shall be governed and construe by the laws of the state of California.
PAYMENT. Buyer agrees to abide by all payment terms and conditions listed in the applicable invoice. If credit terms are granted, Buyer whose name appears on the front of this invoice/contract agrees to pay all amounts on or before the due date without any offset or discount. For each returned check, Company may also assess a minimum fee of 40. For any unpaid balance, Buyer shall pay Company a 1.5% per monthly finance charge. Company may change the price of its products with or without notice. Shipping charges levied may include actual shipping, insurance, and other handling charges. If any payment by Buyer is processed by a third-party payment processor such as PayPal, Buyer shall ensure that the payment is received by Company in accordance to the applicable payment terms and conditions. Company reserves the right to, with prior notice Buyer, charge a processing fee in addition to the invoice price for all purchases paid by credit card.
DEFALT & INDEMNITY. In the event of default by Buyer, including failure to pay or breach of this contract, Company may, among any other remedies available in law or equity, terminate this contract, suspend delivery of any products or services, declare the entire amount due, and institute immediate legal action to enforce collection of outstanding amount plus interest, attorneys fees, costs, compensatory, and incidental damages. Buyer shall defend and indemnify company against all damages, liability, claims, losses and expenses (including attorney's fees) arising out of, or resulting in any way from any breach of terms and conditions hereunder by Buyer, its agents or employees.
RETURNS, EXHANGE, REFUND. All authorizations and claims for return, exchange, or damages must be made within fourteen (14) days of receipt of goods. Buyer must submit evidence of purchase date, Company invoice number, description of goods including model numbers, reason for return, exchange, or refund, and RMA Number. No return of merchandise will be accepted without first securing a Returned Merchandise Authorization ("RMA") Number provided by company. At its sole discretion, Company may accept or deny Buyer's Claim for return or exchange. All products returned must have the RMA number prominently displayed on the shipping label, and all original packaging, materials and copy of invoice. Buyer shall be responsible for all freight (i.e., pre-paid). Company may refuse or reject returned merchandise for failure to follow the conditions set forth herein. Company reserves the right to charge a re-stocking fee for all returned items.
DELIVERY & RISK OF LOSS. Shipment of all products shall be FOB point of origin as determined by Company. All risk of loss shall pass to Buyer upon tender to common carrier, Buyer or Buyer's agent at Company's warehouse or other point so designated by Company. Buyer must report in writing all shortages or discrepancies to Company within three (3) days of receipt. Otherwise, Buyer shall be deemed to have accepted the goods in satisfactory manner as determined under the Uniform Commercial Code. Any shortage or damage during transit must be reported to the carrier immediately and company disclaims any and all liabilities in connection with such losses.
DISCLAIMER OF WARRANTIES
Company disclaims any and all warranties and representations other than those explicitly specified in this contract or otherwise provided. All products are covered by manufacturer's warranty, if applicable, and Company shall not be responsible for any such warranty services or claims. Company shall not be obligated to provide any warranty service unless Buyer has paid for the purchases in full under this or any other company invoice.
Buyer has examined the goods or has declined to examine the goods as there are no implied warranties with regard to defects. Buyer stipulates that he/she/it is a merchant with respect to the kind of goods sold by Company. Buyer acknowledges that by accepting or receiving the goods or by signing this invoice, Buyer has fully examined the goods and that there are no other implied warranties applicable to the goods delivered.
BUYER'S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OF USE, REVENUES, OR ANTICIPATORY PROFIT, OR FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE SALE, USE, OR INABILITY TO USE PRODUCTS PURCHASED FROM COMPANY. TO THE EXTENT PERMITTED BY LAW, COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABLILIT OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL COMPANYY'S LIABILITY EXCEED THE AMOUNT OF THE PARTICULAR DEFECTIVE PRODUCT CHARGED BY COMPANY.
Last updated: Dec.01,2016