PLEASE READ THIS CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from JUGS Sports, Inc. named on the invoice (“JUGS”) that will be provided to you (“Customer”) on orders for products and/or services and support sold in the United States. By accepting delivery of the products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH JUGS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER JUGS STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in JUGS’ sole discretion.
Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and JUGS.
Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OREGON, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Payment Terms; Order; Quotes; Interest. Terms of payment are within JUGS’ sole discretion, and unless otherwise agreed to by JUGS, payment must be received by JUGS prior to JUGS’ acceptance of an order. Payment for the products and services and support will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by JUGS. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. JUGS may invoice parts of an order separately. Orders are not binding upon JUGS until accepted by JUGS. Any quotations given by JUGS will be valid for the period stated on the quotation. Customer agrees to pay interest on all past due sums at the highest rate allowed by law.
Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on JUGS’ invoice(s). Unless Customer provides JUGS with a valid and correct tax exemption certificate applicable to the product ship-to location prior to JUGS’ acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on JUGS’ invoice.
Title; Risk of Loss. Title to products passes from JUGS to Customer on shipment from JUGS’ facility. Loss or damage that occurs during shipping by a carrier selected by JUGS is JUGS’ responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. The Customer and/or Agent shall and has the authority to physically examine and accept (including the opening of all sealed containers) for contract conformity, the goods at the seller’s place of business.
Warranties. THE LIMITED WARRANTIES APPLICABLE TO JUGS PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS, AND THERE ARE NO WARRANTIES FOR SERVICES. JUGS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN JUGS’ APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND JUGS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON JUGS’ RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. JUGS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JUGS’ RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN JUGS’ APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. JUGS reserves the right to modify its warranty at any time, in its sole discretion.
Return/Exchange Policies. JUGS and parts may be returned by Customer in accordance with JUGS “Return Policy” in effect on the date of the invoice. Please check the contents of this shipment immediately against the items listed on this packing slip and for any concealed damage. If anything appears damaged or missing, JUGS Sports must be notified within seven (7) days, or merchandise cannot be replaced.
• Any items that are backordered will be shipped to you as soon as they become available.
• All sales final unless approved for return by JUGS Customer Service. Regarding the return of any merchandise you must call our customer service department at 800-547-6843. Outside the US and Canada call 503-692-1635. You will be assigned a return authorization number and be advised on the process of the return depending on the situation. Please have invoice, order, or serial number available when you call.
• Any item approved for return and credit must be sent back within 30 days of receipt. Except for damaged or defective merchandise, a 15% restock fee based upon the retail price will be applied on the return of unused (new) items. Used items cannot be returned for credit. All shipping charges are the responsibility of the customer.
Exchanges. From time to time, JUGS may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with JUGS’ exchange policies in effect on the date of the exchange.
Products. JUGS’ policy is one of on-going product update and revision. JUGS may revise and discontinue products at any time. JUGS will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Spare parts may be new or reconditioned.
Limitation of Liability. JUGS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR THE PROVISION OF SERVICES AND SUPPORT. JUGS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND SUPPORT CUSTOMER PURCHASES UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, JUGS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS AGREEMENT, JUGS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SERVICES UNDER THIS AGREEMENT.
Service and Support. JUGS will provide general service and support, to Customers in the United States, in accordance with the then-current service and support policies and conditions in effect. For end-user Customers, JUGS promises that its support people will attempt to handle over the telephone any problem involving JUGS Products. However, JUGS support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. JUGS has no obligation to provide service or support until JUGS has received full payment for the Product or services and support that Customer purchased.
Dispute Resolution. The parties will attempt to resolve any claim, dispute or controversy (whether in contract, tort or otherwise) against JUGS, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “JUGS”) arising out of or relating to this Agreement, JUGS’ advertising, or any related purchase (a “Dispute”) through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before three (3) independent and impartial arbitrators. JUGS will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall take place in Portland, Oregon and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in Oregon would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.
Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. (REV. 1/09)