PLEASE READ THESE TERMS AND CONDITIONS OF SALE
("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 CROSSOVERAWARDS.COM. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and CrossOverAwards.com. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "CrossOverAwards.com " shall relate to CrossOverAwards.com and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and CrossOverAwards.com relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by CrossOverAwards.com. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting CrossOverAwards.com at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN OAKLAND COUNTY, MICHIGAN, FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title - Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by CrossOverAwards.com is CrossOverAwards.com's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
General Legal Disclaimer
CROSSOVERAWARDS.COM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY CROSSOVERAWARDS.COM IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
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Pricing and Information Disclaimer
All pricing subject to change. Regarding all prices, products and offers, CrossOverAwards.com reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, shipping cost changes, errors in advertisements and other extenuating circumstances.
While CrossOverAwards.com uses reasonable efforts to include accurate and up-to-date information on the Site, CrossOverAwards.com makes no warranties or representations as to the Site's accuracy. CrossOverAwards.com assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
CROSSOVERAWARDS.COM 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. CROSSOVERAWARDS.COM WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, CROSSOVERAWARDS.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), CrossOverAwards.com's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the Michigan Convention on the Enforcement of Arbitration Awards or as codified in the jurisdiction where enforcement of the award is sought. Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Farmington Hills, MI. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Orders - Payment Terms - Interest - Taxes
Orders are not binding upon CrossOverAwards.com until accepted by CrossOverAwards.com. Terms of payment are within CrossOverAwards.com's sole discretion. Invoices are due and payable at the time of purchase, measured from the date of the order confirmation.
CrossOverAwards.com may invoice parts of an order separately. The Customer is responsible for sales and all other taxes associated with the order.
Any third party shipping and handling delays, relating to carrier delivery schedules, weather delays, or excess volumes, etc. are not the responsibility of CrossOverAwards.com. Shipping and handling charges on all orders vary; contact your CrossOverAwards.com account manager for our most current and competitive rates, options and shipping specials. For the Customer's protection, we ship only to the verified billing address of the Customer's credit card. International shipping is not available. Call for details.
The following refund policy applies to all products except those stating their own refund policy with the product description:
• CrossOverAwards.com offers a 30 days return policy on selected items based on manufacturer return policies. For further information not listed, please contact your CrossOverAwards.com account manager.
• Please call 248-497-9890 or e-mail our Returns Department at sales@CrossOverAwards.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, order number and nature of the problem.
• All products returned MUST: be 100% complete, in original condition, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.
• You are responsible for shipping charges on returned items; CrossOverAwards.com will match your shipping method on your replacement or exchange item(s).
• CrossOverAwards.com strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.
• If merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for CrossOverAwards.com to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify CrossOverAwards.com immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify CrossOverAwards.com of damaged goods within the first 15 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call 248-473-8725 or your CrossOverAwards.com account manager to arrange for carrier inspection and a pick up of damaged merchandise.
• DEFECTIVE returns can be returned directly to CrossOverAwards.com within 30 days from the invoice date, at CrossOverAwards.com's discretion for: credit, replacement, exchange or repair.
• Manufacturer restrictions do apply and are outlined in our detailed policy. Any item that is missing the UPC can ONLY be replaced with the same item. After 30 days, all manufacturers' warranties apply.
• NON-DEFECTIVE returns can be accepted directly by CrossOverAwards.com within 30 days from the invoice date, at CrossOverAwards.com's discretion for: credit or exchange.
All NON-DEFECTIVE returns are subject to a 15% (fifteen percent) restocking fee.
Credit card charges are processed online after ordering the products and/or services.