TERMS AND CONDITIONS
PLEASE READ THIS INFORMATION CAREFULLY PRIOR TO PLACING YOUR ORDER WITH SLEDFREAK. BY CLICKING THE “I ACCEPT” BUTTON, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, UNLESS OTHERWISE EXPRESSLY AGREED IN A SIGNED WRITING.
These General Terms and Conditions apply to the purchase of all products sold by SledFreak ("Products"), regardless of order method, shall apply to the use of this web site and shall be considered an integral part of the sales contract that the user of this web site("you", "your") forms with SledFreak LLC ("SledFreak", "we", "us" or "our"), upon placing an order through this site.
GENERAL TERMS AND CONDITIONS
All prices published by us on this web site or quoted by our representatives may be changed at any time without notice. All prices will be as specified by us or, if no price has been specified or quoted, will be our price in effect at the time of delivery. All prices are subject to adjustment on account of specifications, quantities, shipment arrangements or other terms or conditions which are not part of our original price quotation.
All prices are exclusive of excise, sales, use, transfer and other taxes and duties imposed with respect to the Products or their sale by any Federal, state, municipal or other governmental authority, all of which taxes must be paid by you.
Terms of Payment
Standard payment terms are credit card at time of sale. An application may be submitted to receive payment terms other than credit card at time of sale, the approval of the application for alternative payment terms are at the sole discretion of SledFreak. We also reserve the right, to require payment on a COD basis, to require full or partial payment in advance (or to revoke any credit previously extended). If the Products are delivered in installments, you will pay for each installment in accordance with the terms specified above. Payment must be made for the Products regardless of whether you have made, or plan to make, any inspection of the Products. To the extent permitted by applicable law, overdue payments may be subject to finance charges computed at a periodic rate of 1-1/2% per month (18% per year). Amounts owed by you with respect to which there is no dispute must be paid without setoff for any amounts which you may claim are owed by us and regardless of any other disagreements which may exist. Payment is considered made when payment is received by us at our principal offices or at such other address as we indicate to you. You shall also pay or reimburse us for all costs and expenses (including reasonable attorneys’ fees) incurred or paid by us in collecting amounts due from you or in enforcing your obligations hereunder.
Packaging and Shipment
All packaging and methods of shipment will be selected by us during the ordering process, but we will not assume any liability in connection with shipment nor constitute any carrier as our agent. We reserve the right to ship the Products in any sequence and to make partial shipments. Shipping is ExWorks Shipping point. We reserve the right to stop delivery of Products in transit and to withhold shipments in whole or in part if you fail to make any payment to us when due or otherwise fail to perform your obligations hereunder. All shipping dates provided are approximate only.
We will use reasonable efforts to meet requested delivery dates, but will not be liable for our failure to do so. We will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond our control. If, as a result of any cause beyond our control, any scheduled delivery is delayed for a period in excess of sixty (60) days, we may at our option, by written notice to you, cancel any and all scheduled or future deliveries without further liability or obligation of any kind.
Warranty Disclaimer; Indemnification
EXCEPT AS WE MAY OTHERWISE EXPRESSLY PROVIDE IN WRITING TO YOU, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR MAXIMUM LIABILITY ARISING OUT OF THE SALE OF THE PRODUCTS OR THEIR USE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL PAYMENTS RECEIVED BY US IN CONNECTION THEREWITH. IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, ARISING HEREUNDER OR FROM THE SALE OR USE OF THE PRODUCTS.
All Product returns shall be at our sole discretion and consistent with SledFreak’s returns policy as it exists at the time of the proposed return.
The resale, redistribution or trade of Products is prohibited. If you have or are attempting to resell, redistribute, trade or transfer any Product, we may at our sole discretion, exercise all available remedies at law and equity including but not limited to discontinuing or canceling your account with us and demand immediate payment for all outstanding balances.
THE GOVERNING LAW AND VENUE FOR ANY DISPUTES ARISING OUT OF ANY PURCHASE SHALL BE EXCLUSIVELY THE LAW AND STATE AND FEDERAL COURTS OF THE STATE OF NEW HAMPSHIRE. THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXCLUDED. HOWEVER, SLEDFREAK IS ENTITLED TO BRING AN ACTION AGAINST CUSTOMER BEFORE ANY OTHER STATUTORY PLACE OF JURISDICTION.
If any or several of the above provisions of these General Terms and Conditions should be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue to be in effect. The invalid provision shall be replaced by the valid provision closest to the intended economical purpose of the invalid provisions. The same applies to an omission contained in the contract.