SALES TERMS AND CONDITIONS |
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THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM TOYSPORT. READ IT CAREFULLY. NO OTHER TERMS APPLY. BY PLACING AN ORDER AND ACCEPTING THE PRODUCTS YOU ARE AGREEING TO THESE TERMS
ENTIRE AGREEMENT
The terms and
conditions herein may NOT be altered, supplemented, or amended by the use of any
additional document(s) or terms that purport to be an agreement of the parties.
Any attempt to supplement or amend these terms and conditions or to enter an
order for Product(s), which is subject to additional or altered terms and
conditions, shall be null and void.
ORDER ACCEPTANCE / ACCEPTANCE OF AGREEMENT by Customer
All orders of
Products placed by the Customer with TOYSPORT shall be subject to acceptance by
TOYSPORT. Acceptance by Customer of Products shipped shall constitute full
acceptance of these terms and conditions.
BY PLACING AN ORDER, THE CUSTOMER ACKNOWLEDGES AND ACCEPTS THE FULL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
WARRANTIES
TOYSPORT makes no
warranties except those stated in the manufacturers warranty cards included with
Products, or, in the case of optional extended warranties issued by TOYSPORT,
such extended warranty documentation.
* TOYSPORT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION- IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURCHASE.
PRODUCT SPECIFICATION
TOYSPORT
continually updates and revises Products. TOYSPORT may revise and/or discontinue
Products at any time. Changes between what is shipped and what is described in
marketing materials (ads, catalogs, specification sheets etc.) are possible.
Your TOYSPORT representative will communicate latest Product information if an
order is received via telephone.
ELECTRICAL AND USED PARTS
Due to the nature
and characteristics of Electrical and Used parts, these parts
are sold "as-is" without any
warranty whatsoever. Should such parts prove defective following their purchase,
the buyer assumes the entire cost of all necessary services or repair. When
feasible- used parts are checked for serviceability before shipment.
SPECIAL ORDERS
We accept Special
Orders for parts not normally carried in stock. A 50% deposit or full payment
may be required. Deposits are non-refundable and orders non-cancelable. We
cannot accept returns on SPECIAL ORDER parts.
Inventory of certain
items listed in this Toysport site is limited and may not be available for
immediate delivery.
PAYMENT TERMS
Terms of payment are
Full Payment at time of order or at TOYSPORT's sole discretion and must be
agreed prior to acceptance of an order. NO COD. TOYSPORT will charge credit
cards upon order. TOYSPORT accepts MasterCard, Visa, PayPal and Discover.
TOYSPORT accepts cashiers checks and no personal checks. TOYSPORT payment terms
are subject to change without notice at TOYSPORT's sole discretion.
RETURN POLICY / RA #
TOYSPORT’s
Satisfaction Guarantee program allows for Products purchased from TOYSPORT to be
returned by Customer after obtaining a TOYSPORT return authorization number (RA)
during the 15 day period following date of shipment for a credit (of purchase
price actually paid). The RA number may be obtained from TOYSPORT Customer
Support at 1-3232-777-7676, and must be noted on the outside of the returned
Product’s container.
Products must be returned in the original packaging. Shipping and handling is not refundable. Damaged and missing parts are non-returnable. Allowable returns will be charged a 25% Restocking fee. A photocopy of your invoice must accompany your return. RAs are valid for only 15 days from issuance. An RA does not guarantee a replacement or refund, but only that we will inspect the merchandise based on your claim. Customer shall be responsible for and prepay all shipping charges and shall assume all risk of loss or damage to Product while in transit to TOYSPORT’s return address.
If Customer returns Product to TOYSPORT (A) without a RA from TOYSPORT or (B) beyond the 15 day period, or (C) without proper packaging TOYSPORT retains the right to either refuse delivery of such return or charge Customer an adjusted restocking fee. All sales are final after 30 days.
SHIPPING / HANDLING / RISK OF LOSS
Product prices do
not include shipping and handling. TOYSPORT will use its discretion in selecting
a reputable carrier and appropriate means of shipment. Risk of loss or damage to
Products in transit is Customer's. In the event of Product damage or loss during
transit, it is the responsibility of Customer to file a claim with the carrier.
TITLE TO PRODUCTS
Title to Product(s)
passes from TOYSPORT to Customer upon shipment from the facility.
LIMITATION OF LIABILITY
TOYSPORT’S LIABILITY
SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL TOYSPORT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING,
PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO
A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE.
TOYSPORT SHALL NOT HAVE ANY LIABILITY TO OTHERS FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
TAXES
Prices do not
include any sales, local or other similar taxes. California residents and orders
delivered in California will be charged Sales Tax. Customer shall pay all such
taxes, or in lieu thereof, Customer shall provide TOYSPORT with an appropriate
tax exemption certificate.
RETAIL
SALE
Customer agrees that
it is purchasing for personal use only, and not for resale. Customer shall not
remove components from Product for resale.
CUSTOMER / TECHNICAL SUPPORT
TOYSPORT expects its
technical support people will be able to handle over the telephone problems
involving TOYSPORT Products. However, TOYSPORT's support people may not be able
to understand or resolve a particular problem. While TOYSPORT representatives or
TOYSPORT dealers may be able to assist you and may make recommendations, they
are NOT authorized to vary or waive this disclaimer. Purchasers must determine
for himself the suitability and compatibility of the products in each and every
particular instance.
GOVERNING LAW / WAIVER OF
JURY TRIAL
THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE
RELATING TO THIS AGREEMENT OR CUSTOMER'S ORDER.
HEADINGS
The section headings
used herein are for convenience or reference only and do not form a part of
these terms and conditions, and no construction or inference shall be derived
there from.
FORCE MAJEURE
TOYSPORT shall not
be liable for any delay or failure in performance caused by or resulting from
acts of God, fire, flood, accident, riot, war, government intervention,
embargoes, strikes, labor difficulties, equipment failures, or any other causes
beyond the control of TOYSPORT. Quantities are subject to availability. In the
event of shortage, TOYSPORT may allocate sales and deliveries in its sole
discretion.
WAIVER / INVALIDITY
Failure of TOYSPORT
to insist upon strict performance of any provisions hereof shall not be deemed a
waiver of its right and remedies. If any provision of this Agreement is deemed
by a court to be unenforceable, the remainder shall stay in effect.
Copyright 1997 / 2004 © Toysport Limited. All rights reserved. Republication or redistribution of Toysport website content, including by framing or similar means, is expressly prohibited without the prior written consent of Toysport. Toysport shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.