Terms of Sale
Terms of Sale:
- TERMS AND CONDITIONS OF SALE are incorporated by this reference and made a part of the agreement between the parties.
- These terms apply to all purchases of Garandgear.com products, services, or support. PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCT.
- Acceptance. This order becomes a contract subject to the terms and conditions set forth and incorporated herein by reference, upon commencement of performance or by delivery of goods by Seller. Purchasing from GarandGear.com constitutes complete acceptance of such products by Buyer. The Customer agrees to defend, indemnify and hold harmless GarandGear.com against Liabilities and costs (including attorneys’ fees) arising out of any injury to person or property caused by the use or misuse of any products sold to the Customer or otherwise distributed by the Customer in connection with GarandGear.com. GarandGear.com’s only obligation shall be to replace such quantity of the product as proved to be defective. Before using, user shall determine the suitability of the product for its intended use, and user assumes all risk and liability whatsoever in connection therewith. Neither seller nor manufacturer shall be liable either in tort or in contract for any loss or damage, direct, incidental or consequential, arising out of the use or the inability to use the product. Without limiting the foregoing, Buyer specifically agrees to waive, with the respect to Seller and Seller’s vendor if the product is not manufactured by Seller, and to the extent permitted by law, any right Buyer may have to claim immunity or exemption from this indemnity obligation or from tort liability to Seller pursuant to any applicable laws whether statutory, common law, or jurisprudential.
- IN NO EVENT SHALL SELLER BE RESPONISBLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Products sold as other than first-grade products are sold without warranty, “as is”. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, ORAL OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. No representative of Seller has authority to make any representation, promise or agreement, except, except as stated herein.
- GarandGear.com is not responsible for typographical errors. GarandGear.com reserves the right to cancel any order you have placed if there was a typographical error on the Store concerning the pricing or availability of any item you ordered when you placed the order.
- GarandGear.com reserves the right to change the terms and conditions of sale at the Store at any time. All changes are effective upon posting and apply thereafter. You are expected to check the Site periodically so you are aware of changes and current terms because they are binding on you.
- GarandGear.com may make changes to any products or services offered at the Store, or to the applicable prices for any such products or services, at any time, without notice. The information provided at the GarandGear.com Store with respect to products and services may be out of date, and we make no commitment to update the information provided at the Store with respect to such products and services.
- GarandGear.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Store, or to any portion of the Store, for any reason; (2) to modify or change the Store, or any portion of the Store, and any applicable policies or terms; and (3) to interrupt the operation of the Store, or any portion of the Store, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- To the extent permitted by law, all sales at GarandGear.com are governed by California law, without giving effect to its conflict of law provisions.
- If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.
- GarandGear.com failure to insist on or enforce strict performance of these policies shall not be construed as a waiver of any provision or any right it has to enforce these policies, nor shall any course of conduct between GarandGear.com and you or any other party be deemed to modify any provision of these policies.
- Dispute Resolution and Binding Arbitration. YOU AND GARANDGEAR.COM ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
- ATTORNEYS’ FEES. In the event of any litigation or collection action arising out of Customers’ purchase of Products, Garandgear.com shall be entitled to reimbursement from BUYER for its reasonable attorneys’ fees and costs..
- These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.