JASCOR HOUSEWARES INCORPORATED GENERAL TERMS AND CONDITIONS OF SALE
General. Your purchase of products (“Products”) from JASCOR HOUSEWARES INCORPORATED (“Jascor”) on www.totallypooched.com is subject to these Terms and Conditions of Sale (“Terms”). By submitting an order for Products on the Site, you agree to all of these Terms. Jascor reserves the right to amend these Terms at any time, without notice to you, and any orders submitted by you after the effective date of such amendment will be governed by the amended Terms. Your purchase of Products on the Site is also subject to Jascor’s Return Policy and any other policy related to the Products issued by Jascor from time to time, the terms and conditions of which are incorporated herein by reference.
Product Orders. All Product orders placed by you on the Site shall be subject to acceptance by Jascor. Upon Jascor’s acceptance, all Product orders are binding contracts on you to purchase the Products specified therein pursuant to these Terms. Any provision contained in any communication or document submitted by you which conflicts with or is not expressly set forth in these Terms or any other Jascor policy or document applicable to the Products shall have no force or effect and you hereby waive any right which you might have to rely on such provision. In the event of any conflict between a provision in Jascor’s order confirmation and a provision in these Terms, the provision in the order confirmation shall govern. If any provision in Jascor’s order confirmation revises any provision of these Terms, you shall be deemed to have accepted the revised provision and such revised provision shall be binding upon you unless you notify Jascor, in writing, within two (2) days after your receipt of such order confirmation.
Taxes and Shipping. Unless otherwise stated on this Site, all prices exclude any and all (i) sales, use, excise, value added or other taxes or duties imposed by any governmental authority and (ii) shipping charges, all of which are your sole responsibility.
Delivery Date. Delivery dates provided by Jascor are estimates only. Jascor shall use reasonable commercial efforts to deliver in accordance with such dates, provided, however, Jascor shall not be responsible or liable for any delivery delays.
Payments. All orders for Products on the Site require payment in full at the time the order is placed. If any payment is cancelled or reversed by you or otherwise not received from you when due, (i) interest shall accrue on such payment, from the due date thereof until payment is made, at the highest rate permitted by applicable law and (ii) in addition and without prejudice to any other legal rights and remedies then available to Jascor, whether under these Terms or otherwise, Jascor shall have the right to suspend any and all other Product shipments to you and to your address until such time as you have cured the payment default. In addition, you agree to pay to Jascor all of Jascor’s costs of collection and enforcing the provisions of these Terms (including, without, limitation, attorneys’ fees and other costs of collection).
Disputes. THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FOR ANY ALLEGED BREACH OF THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
Warranty. EXCEPT AS OTHERWISE PROVIDED IN JASCOR’S STANDARD LIMITED WARRANTY, ALL PRODUCTS SOLD BY JASCOR TO YOU ARE SOLD “AS IS” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED BY JASCOR.
Indemnification. You agree to indemnify and hold harmless Jascor and its affiliates, and their respective officers, directors, owners, employees, agents and customers against any and all liabilities, losses, damages and expenses (including, but not limited to, attorneys’ fees and expenses, court costs and costs of appeal) incurred by any of them as a result of any claim (including any action or proceeding based thereon) by a third party arising out of, or relating to any damage or injury (including death) to persons or property arising out of or resulting from the usage of Products purchased by you that have been (i) misused, mishandled, damaged or subjected to abnormal environmental stresses by you or others that have, directly or indirectly, been provided access to the Products by you, or (ii) modified, repaired or serviced by you or others that have, directly or indirectly, been provided access to the Products by you, unless such modifications, repairs or service has been authorized, in writing, by Jascor.
Force Majeure. Jascor shall not be responsible or liable for any failure to perform caused by events or circumstances beyond Jascor’s control, including, but not limited to, acts of nature, strikes, energy or material shortages, acts of civil or military authorities, epidemics, wars, riots, shipping company delays, delays in clearing customs or otherwise related to approvals by governmental or regulatory authorities.
Limitation of Damages. IN NO EVENT SHALL JASCOR BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY UNDER THESE TERMS OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, TREBLE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOST BUSINESS OPPORTUNITIES, LOSS OF USE OF OR DAMAGE TO THE PRODUCT OR ANY OTHER GOODS OR ASSOCIATED EQUIPMENT, OR COST OF SUBSTITUTE PRODUCTS), WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY (A) PRODUCTS ORDERED OR PURCHASED BY YOU ON THE SITE OR (B) THE PERFORMANCE OF OR FAILURE TO PERFORM ANY OF JASCOR’S OBLIGATIONS UNDER THESE TERMS. JASCOR’S RETURN POLICY OR ANY OTHER JASCOR POLICY OR DOCUMENT BETWEEN JASCOR AND YOU RELATED IN ANY MANNER TO THE PRODUCTS. JASCOR’S MAXIMUM LIABILITY SHALL NOT, IN ANY CASE, EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT GIVES RISE TO THE CLAIM.
Miscellaneous. These Terms constitute the entire agreement between Jascor and you with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, understandings, representations and agreements, whether written or verbal. Any waiver of any provision of these Terms shall be valid and effective only in the specific instance and for the specific purpose for which it is given and shall not be deemed continuing or construed as a waiver of any other provision of these Terms. If any provision of these Terms shall be held invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be modified to the extent required by law to render it valid, legal and enforceable, and consistent, as nearly as possible, with the intent of these Terms and such invalidity, illegality or unenforceability shall not render invalid, illegal or unenforceable the remaining provisions of these Terms. These Terms shall be binding upon, and inure to the benefit of, you, Jascor and each of their respective successors and assigns, provided, however, you may not assign any of your rights, or delegate any of your obligations, under these Terms, without the prior written consent of Jascor, which consent may be granted or withheld by Jascor in its sole and absolute discretion.