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Terms of Sale

 

TERMS AND CONDITIONS OF SALE

 

____________________ SAFESPEAR, LLC ____________________

 

IMPORTANT! THESE TERMS AND CONDITIONS OF SALE GOVERN YOUR PURCHASE OF PRODUCTS AND SERVICES FROM SAFESPEAR.COM, WHICH IS PROVIDED BY SAFESPEAR, LLC. BY PURCHASING PRODUCTS AND SERVICES FROM SAFESPEAR.COM, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE.

 

1. Terms and Conditions are Binding for All Purchases

All orders are deemed offers by you to purchase our products. We may accept your offer by issuing a confirmation letter and/or shipping the products specified in your order. Our acceptance of each such offer is expressly subject to and conditioned on your assent to these terms and conditions of sale. No other terms and conditions of sale will apply

2. Prices

All prices posted on this Website are subject to change without notice. Prices prevailing at commencement of shipment apply. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your invoice.

3. Payment

All payments must be received by us prior to shipping. We accept payment by check, money order, ACH, EChecks, and the following major credit cards: American Express, Visa, Mastercard, and Discover.

4. Shipping and Handling

We will arrange for shipment of the products and services to you. Title and risk of loss and damage pass to you upon our transfer of the products to the carrier. You will pay all shipping and handling charges specified during the ordering process. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

5. Return of Products by You

We will accept a return of most products, provided such return is made within 30 days of shipment to you and provided such products are returned in their original condition. On shipment of the products we will provide a Return Merchant Authorization (RMA) form that must accompany your return of the products to us. Products returned to SafeSpear, LLC without an RMA form will incur a 15% restocking fee. Returns beyond thirty (30) days will not be accepted.

Shipping and insurance costs on returned items are the responsibility of the customer. For your protection, we urge you to ship returns insured using a reputable carrier who will issue a tracking number for the shipment. SafeSpear, LLC is not responsible for customer returns that are lost or damaged during shipping.

6. Changes or Cancellations

Any item additions, quantity changes, or specification changes made to accepted orders will generate a new acknowledgment for the entire order and a new scheduled shipment date. All sales are final; provided, however, item cancellations and quantity reductions may be made at least thirty (30) days prior to the scheduled shipment date. We may without liability cancel any accepted order before shipment if our credit department does not approve your credit or if there are other problems with your payment.

7. SafeSpear, LLC Limited Warranties

We warrant that there will be no defects in workmanship, materials, operation or finish for the products for sixty (60) days from the date of your purchase. Such warranty will not apply to subsequent owners, or for defects due to acts of God, fire, or casualty, or failure to exercise normal maintenance, or the consequences of uses for which the products were not designed.

Our only liability under such warranties, whether in tort, contract or otherwise, will be, at our option, to repair or replace the products, or to refund the amounts paid for products returned to us. IN NO EVENT WILL OUR LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS. We have no liability to pay any costs for repairs performed by anyone other than us, unless in each instance we have given written approval for such third party repair.

EACH OF THESE LIMITED WARRANTIES IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES MADE TO YOU, EXPRESS OR IMPLIED, AND SAFESPEAR, LLC HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF A PRODUCT.

Claims

To obtain information about or to make a claim concerning performance of any warranty obligation you must contact us at the following address:

SafeSpear, LLC
ATTN: Legal Department
1033 Bells Hwy
Suite 138
Walterboro, SC 29488

8. Disputes

Any dispute relating to the purchase of products or services through SafeSpear.com shall be submitted to confidential arbitration in accordance with the requirements of the South Carolina Uniform Arbitration Act as then in effect (“SCUAA”). All arbitration proceedings shall be conducted in Charleston, South Carolina, except that, to the extent you have in any manner violated or threatened to violate SafeSpear, LLC’s intellectual property rights, SafeSpear, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of South Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

9. Miscellaneous

Specifications and descriptions are estimates but are not guaranteed and are subject to change without notice. We reserve the right to furnish materially equivalent substitutes for materials which cannot be obtained in sufficient quantities, or to cancel the excess portion of the order. We shall not be in default if our performance is delayed or rendered impossible by acts of God, war, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, other industrial disturbances, or any other cause beyond our reasonable control. We may revise or modify products, product information or pricing without notice. We are not responsible for typographic, facsimile or printing errors.

These Terms and Conditions of Sale constitute the entire agreement among the parties relating to this subject matter. To the extent a proposal, purchase order, confirmation letter, or the like is inconsistent with these Terms and Conditions of Sale, unless expressly agreed in writing otherwise, these Terms and Conditions of Sale will govern.

Last Updated: 4/06/2010

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