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 DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement contains the terms and conditions that apply to purchases by Home, institutional and school customers from the Pro Dunk Hoops entity named on the invoice ("Pro Dunk Hoops") that will be provided to you ("Customer") on orders for basketball/or related products sold in the United States. You agree to be bound by and accept this agreement as applicable to your purchase of product(s) or service(s) from Pro Dunk Hoops. By accepting delivery of the Basketball Systms and/or other products 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 FORMAL PURCHASE AGREEMENT WITH Pro Dunk Hoops, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER Pro Dunk Hoops STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any time, in Pro Dunk Hoop's sole discretion.
1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and Pro Dunk Hoops, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is 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 Pro Dunk Hoops.
2.Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Pro Dunk Hoops sole discretion, and unless otherwise agreed to by Pro Dunk Hoops, payment must be received by Pro Dunk Hoops prior to Pro Dunk Hoops acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Pro Dunk Hoops. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Pro Dunk Hoops may invoice parts of an order separately. Orders are not binding upon Pro Dunk Hoops until accepted by Pro Dunk Hoops. Any quotations given by Pro Dunk Hoops 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 by law.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Pro Dunk Hoops invoice(s). Unless Customer provides Pro Dunk Hoops with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Pro Dunk Hoops acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Pro Dunk Hoops franchise taxes and taxes on Pro Dunk Hoops net income. If applicable, a separate charge for taxes will be shown on Pro Dunk Hoops invoice.
5. Title; Risk of Loss. Title to products passes from Pro Dunk Hoops to Customer on shipment from Pro Dunk Hoops facility. Loss or damage that occurs during shipping by a carrier is insured by the carrier and Pro Dunk Hoops will secure any damage claims from carrier for compensation. Customer is not responsible for shipping loss or damage UNLESS CUSTOMER OR CUSTOMER REPRESENTIVE SIGNS SHIPPING BILL OF LADING WHICH STATES THAT ALL GOODS ARE BEING ACCEPTED IN GOOD ORDER. Customer should check all cartons carefully and open if necessary prior to signing the shipping bill of lading because this can cancel all shipping insurance. Pro Dunk Hoops does not guarantee estimated delivery dates of our products delivered by contracted shipping companies.
6. Limitation of Liability. Pro Dunk Hoops DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. Pro Dunk Hoops 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. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Pro Dunk Hoops 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.
7. Binding Arbitration. 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) AGAINST Pro Dunk Hoops, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Pro Dunk Hoops") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Pro Dunk Hoops advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY Arbitrator of Pro Dunk Hoops choice. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. HOWEVER, THAT THIS BINDING ARBITRATION REQUIREMENT DOES NOT APPLY TO CLAIMS AGAINST Pro Dunk Hoops ARISING UNDER THE APPLICABLE WRITTEN WARRANTY. SUCH CLAIMS MAY BE PURSUED IN ANY COURT OF COMPETENT JURISDICTION.
8. 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. Pro Dunk Hoops has separate terms and conditions governing resales.
9. All dimensions, sizes, and colors of products may vary from descriptions online or in printed materials.
10. Any products returned to Pro Dunk Hoops are subject to a 20% re-stocking charge plus any shipping charges incurred to and from the customer. Products returned after a 10 day period after the purchase date will not receive any refund unless they are found defective by Pro Dunk Hoops. The customer is responsible for scheduling and accepting delivery of his order within 3 days of being contacted by the product shipping company. Customer will be responsible for all shipping costs and storage costs resulting from the non-delivery. Delivery dates and transit times are estimated and not guaranteed.
Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.