Goof Proof Juggling, L.L.C.
Customer Confidence Sales Agreement
Product Inspection and Limited Lifetime Warranty
Goof Proof Juggling, L.L.C. ("Goof Proof") wants all customers to know that it stands behind it's products. While all products are sold "as-is" solely for use in juggling, Goof Proof inspects each shipment to it's customers to ensure that the equipment is free of defects and is what the customer ordered. We do ask that our customers understand that weights, measurements, and descriptions of the products are approximate because each item may have some variance in the manufacturing process. Subject to the below stated provisions, Goof Proof warrants all products against defects in workmanship and materials for the lifetime of the original purchaser. Any product that proves to be defective will be repaired or replaced (at our option) at no charge when returned to the company. This warranty does not cover cosmetic damage or failure due to accident, abuse, neglect, alteration, or normal wear and tear.
Parties Identified and Customer's Right of Return
A customer entering into this Agreement and Goof Proof are the parties. Customers are hereby notified that an agreement for Goof Proof to deliver products and for customers to receive them when they arrive occurs when an order is placed with Goof Proof and payment is made. However, customers have the right to return any products that are nonconforming, defective or unsatisfactory within thirty (30) days of receipt. In order to exercise this right the customer must not return the products in a damaged or abused condition and must first contact Goof Proof and return it in accordance with Goof Proof's return procedures.
Customer agrees by ordering and paying for the products that he or she shall have only the following remedies for breach of the agreement, or if for any reason the customer decides to return the products:
1. Replacement of the product at the same cost, or;
2. Credit with Goof Proof towards the purchase of other items Goof Proof sells.
Customer agrees that the above are the only remedies for breach and shall in no event recover consequential damages. Goof Proof does not extend any warranties, express or implied, or make any guarantees or assurances other than what is expressly stated herein.
If any dispute cannot be resolved by negotiation between the parties, then the parties agree to submit to binding arbitration under Texas law.
Applicable Law and Venue
The terms of this Agreement are governed by and all disputes shall be decided in accordance with Texas law. Furthermore, the venue for any lawsuit or dispute and all disputes or lawsuits shall be initiated and prosecuted in Hays County, Texas.
Terms and Modification
All terms are stated in this Agreement and no modification will be recognized unless stated in writing and agreed to by both parties.
In any part of this Agreement is declared invalid, the remaining parts of not invalidated and remain in full force and effect.
Headings and Number
Paragraph headings are for ease of reference and shall not be used in construing the Agreement. The use of singular and plural terms are interchangable.
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