Terms & Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE AGREEMENT VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Shark OFF®, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).This Agreement is subject to and incorporates all instructions, warnings and terms and conditions contained with the product. By use of the products, you indicate your acceptance of all the terms and conditions of this Agreement.
- These terms and conditions of commercial sale (the “Terms and Conditions”) of Shark OFF® (the “Seller”) bind the Seller and its customer (the “Buyer”) and apply to and form an integral part of all quotations and offers made by Seller, all acceptances, acknowledgements and confirmations by Seller of any orders by Buyer and any agreements (“Agreements”) regarding the sale by Seller and purchase by Buyer of goods and services (“Products”), unless and to the extent Seller explicitly agrees otherwise. Seller reserves the right to unilaterally modify or amend any portion of these Terms and Conditions at any time without prior notice. The current version of these Terms and Conditions and any modifications or amendments supersedes all prior versions of these Terms and Conditions. The most current version of these Terms and Conditions may be found at Seller’s website (www.thesharkoff.com) and is otherwise available upon request.
- Seller MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING SUCH INFORMATION OR PRODUCTS EXCEPT THAT SELLER WARRANTS THAT IT HAS GOOD TITLE TO THE PRODUCTS AND THE PRODUCTS WILL CONFORM TO THEN CURRENT SPECIFICATIONS AT THE TIME OF DELIVERY.
- SELLER EXPRESSLY EXCLUDES all conditions, warranties and terms implied by statute, general law or custom except any implied condition or warranty which cannot be excluded under any applicable statute.
- SELLER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by Seller.
- Seller excludes all liability to Buyer for any acts or omissions or those of its employees, agents or contractors arising out of or in connection with the products.
- Seller’s sole and exclusive liability and Buyer’s exclusive remedy with respect to products proved to Seller’s satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in Seller’s sole discretion, upon the return of such products in accordance with Seller’s instructions.
- SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Buyer acknowledges that it is in the nature of the products and the environment in which they are designed to operate that it is not possible for Seller to give, and Seller does not give, any undertaking or representation that the products will be always effective to deter or prevent shark attack notwithstanding use of the products.
- Subject to these conditions, Buyer warrant that it has not relied on any representation made by Seller which has not been stated expressly in a written agreement or upon any descriptions, illustrations or specifications contained in any document including catalogs or publicity material produced by Seller.
- Governing Law
This Agreement and any sales here under shall be governed by the law of the state of Kansas, without regard to conflict of laws rules. The Buyer consents to the jurisdiction of the Federal or State courts located in Johnson County, Kansas, for purpose of any suit, action, or proceeding arising out of this Agreement.
- No Assigns
Buyer may not assign this Agreement without the prior written consent of Seller. Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns
- Buyer Obligations
Buyer warrants that the products will be used, maintained and stored by Buyer strictly in accordance with the instructions, warnings and terms and conditions contained with the product and available on the Shark OFF®website (www.thesharkoff.com).Buyer will indemnify Seller against all claims, damages or other losses of whatever nature suffered by Seller as a result of its failure to comply with these conditions.
Whenever possible, each provision of these conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is held invalid or unenforceable, the remainder of these conditions shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.