TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY
The Terms and Conditions of Sale are limited to those contained herein. Any additional or different terms in any forms delivered by customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given.
By accepting delivery of the products described in a GRIPOS, LLC invoice or other GRIPOS, LLC documentation, customer agrees to be bound by and accepts these Terms of Sale unless customer and GRIPOS, LLC have signed a separate agreement, in which case the separate agreement will govern.
TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale constitute a binding agreement between Customer and GRIPOS, LLC. Customer accepts these Terms and Condition of Sale by making a purchase, placing an order or otherwise shopping on the GRIPOS, LLC Website. These Terms and Conditions of Sale are subject to change without notice, except that the Terms and Conditions of Sale posted on the Website at the time the customer initially places or modifies an order will govern the order in question.
These Terms and Conditions of Sale constitute the entire agreement between the Customer and GRIPOS, LLC relating to the Terms and Conditions of Sale of products on the Website. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms and Conditions of Sale contained herein and in a GRIPOS, LLC invoice or other documentation will control. No other course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Sale or any purchase order or invoice related thereto. For the purpose of these Terms and Conditions of Sale, “Customer” means the person or entity that purchase, places an order or otherwise shops at the GRIPOS, LLC Website.
CHOICE OF LAW AND FORUM
These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflicts of law rules. Customer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale or Customer’s use of this Website shall be filed only in the state or federal courts located in the State of Nevada, and Customer further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SHIPMENTS; RISK OF LOSS
When Customer places an order, the order will be shipped to an address designated by Customer as long as that shipping address is complaint with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to the customer upon delivery of the items to the carrier. Customer is responsible for filing any claims with carriers for damaged and/or lost shipments. Customer will be responsible for all shipping and related charges.
EXPORT SALES
If this transaction involves an export under the Export administration Regulations, the products sold or distributed under these Terms and Conditions of Sale exported from the United States by GRIPOS, LLC were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited.
WARRANTIES
Customer understands the GRIPOS, LLC is not the manufacturer of certain accessory components purchased by the Customer hereunder and only the warranties offered are those of the by the manufacturer of those accessory components. GRIPOS, LLC hereby expressly disclaims all warranties either express or implied, related to products sold by third parties, including, without limitation, any warranty of merchantability, fitness for particular purpose or non- infringement. This disclaimer does not effect the terms of the manufacturer warranty of the accessory components.
GRIPOS, LLC will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product availability, carries delays, delays due to fire, severe weather conditions, power failure, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government agency.
SAFETY
GRIPOS, LLC has no control over the usage of any part or product. Customer shall read and comply with all safety instructions in specific product documentation and to exercise good judgment as to the proper selection, installation, use and maintenance of any product.
INDEMNIFICATION
Customer agrees to defend, indemnify, and hold harmless GRIPOS, LLC, or their respective officers, directors, employees, agents, successors, or assigns from all liabilities. Claims, and expenses, including attorney’s fees, that arise from customer’s (a) breach of these Terms and Conditions of Sale; (b) use of any product purchased on the GRIPOS, LLC Website, GRIPOS, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with GRIPOS, LLC in asserting any available defenses.
PRICING INFORMATION; AVAILABILITY DISCLAIMER
All pricing is subject to change. GRIPOS, LLC reserves the right to make adjustments to pricing and product offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, raw material price changes and error in advertisements. All orders are subject to product availability. Therefore, GRIPOS, LLC cannot guarantee that it will be able to fulfill Customer’s orders.
ACCOUNTS AND PASSWORDS
Customer is responsible for maintaining the confidentiality of Customer’s account information and password and for restricting access to such information and Customer’s computer. Customer agrees to accept responsibility for all activities that occur under Customer’s account or password.
ORDERS; PAYMENT TERMS; INTEREST: TAXES
Orders are not binding upon GRIPOS, LLC until accepted by GRIPOS, LLC. GRIPOS, LLC reserves the right to refuse service to anyone. Terms of payment are within the sole discretion of GRIPOS, LLC.
SEVERABILITY
If any part of these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
RETURN PRIVILEGES
Customer agrees to thoroughly and carefully inspect all goods and shipping papers upon delivery. No claim for shortage or damaged goods will be valid or enforceable against GRIPOS, LLC unless Customer complies with the GRIPOS, LLC policy on returns and exchanges.