Product Brochure Available
PLEASE READ THIS DOCUMENT
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 the Gadget
Grabbers OutdoorsTM entity named on the invoice that will be
provided to you ("Customer") on orders accessory
holders, related products and/or services and support sold in the
United States. By accepting delivery of the Gadget Grabbers
Outdoors TM 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 GADGET
GRABBERS OUTDOORSTM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL
GOVERN; OR (ii) UNLESS OTHER GADGET GRABBERS OUTDOORSTM STANDARD
TERMS APPLY TO THE TRANSACTION. These terms and conditions are
subject to change without prior written notice at any time, in
Gadget Grabbers Outdoors' 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 Gadget Grabbers OutdoorsTM.
- Governing Law. THIS
AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS
OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
- Payment Terms; Orders;
Quotes; Interest. Terms of payment are within Gadget
Grabbers Outdoors'TM sole discretion, and unless otherwise agreed
to by Gadget Grabbers OutdoorsTM, payment must be received by
Gadget Grabbers OutdoorsTM prior to Gadget Grabbers Outdoors'TM
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 Gadget Grabbers OutdoorsTM. Gadget Grabbers OutdoorsTM
may invoice parts of an order separately. Orders are not binding
upon Gadget Grabbers OutdoorsTM until accepted by Gadget Grabbers
OutdoorsTM. Any quotations given by Gadget Grabbers OutdoorsTM 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
- Shipping Charges; Taxes.
Separate charges for shipping and handling will be shown on
Gadget Grabbers Outdoors'TM invoice(s). Unless Customer provides
Gadget Grabbers OutdoorsTM with a valid and correct tax exemption
certificate applicable to the product ship-to location prior to
Gadget Grabbers Outdoors'TM 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 Gadget Grabbers Outdoors'TM invoice.
- Title; Risk of Loss.
Title to products passes from Gadget Grabbers Outdoors to
Customer on shipment from Gadget Grabbers Outdoors's facility.
Loss or damage that occurs during shipping by a carrier selected
by Gadget Grabbers OutdoorsTM is Gadget Grabbers Outdoors'TM
responsibility. Loss or damage that occurs during shipping by a
carrier selected by Customer is Customer's responsibility.
- Warranties. THE LIMITED
WARRANTIES APPLICABLE TO GADGET GRABBERS OUTDOORSTM -BRANDED
PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE
PRODUCTS, AND THERE ARE NO WARRANTIES FOR SERVICES. GADGET
GRABBERS OUTDOORSTM MAKES NO EXPRESS WARRANTIES EXCEPT THOSE
STATED IN THIS SECTION AND IN GADGET GRABBERS OUTDOORS'TM
APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE
INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND GADGET
GRABBERS OUTDOORSTM WILL BE OBLIGATED TO HONOR ANY SUCH
WARRANTIES, ONLY UPON GADGET GRABBERS OUTDOORS' RECEIPT OF
PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. GADGET GRABBERS
OUTDOORSTM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF'
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GADGET
GRABBERS OUTDOORS'TM RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED
TO REPAIR AND REPLACEMENT AS SET FORTH IN GADGET GRABBERS
OUTDOORS' APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF
THE INVOICE. Gadget Grabbers OutdoorsTM reserves the right to
modify its warranty at any time, in its sole discretion.
- Return Policies. Gadget
Grabbers OutdoorsTM systems and parts that are purchased directly
from Gadget Grabbers OutdoorsTM by an end-user Customer may be
returned by Customer in accordance with Gadget Grabbers
Outdoors’TM "Total Satisfaction Return Policy" in effect on the
date of the invoice.
- Exchanges. From time to
time, Gadget Grabbers OutdoorsTM may, in its sole discretion,
exchange products or portions of a product. Any exchanges will
be made in accordance with Gadget Grabbers Outdoors’TM exchange
policies in effect on the date of the exchange.
- Products. Gadget Grabbers
Outdoors’TM policy is one of on-going product update and revision.
Gadget Grabbers OutdoorsTM may revise and discontinue products at
any time. Gadget Grabbers OutdoorsTM 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.
- Limitation of Liability.
GADGET GRABBERS OUTDOORSTM 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 GADGET GRABBERS OUTDOORSTM 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 OR SERVICES BUNDLED WITH THE
PRODUCTS, GADGET GRABBERS OUTDOORSTM 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,
GADGET GRABBERS OUTDOORSTM 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.
- Applicable Law; Not For
Resale. Customer agrees to comply with all applicable laws
and regulations of the various states and of the United States.
Customer agrees and represents that it is buying for its own
internal use only, and not for resale. Gadget Grabbers OutdoorsTM
has separate terms and conditions governing resales.