|SWING SET STUFF, INC.
PRODUCT SALES AGREEMENT|
THIS PRODUCT SALES AGREEMENT, (“Agreement”), is between SWING SET STUFF, INC., a Michigan corporation, referred to as (“Seller”) and __________________________, as the (“Buyer”) and recipient of the following swing set or swing set accessory products (“products”).
This Agreement shall consist of the terms and conditions surrounding Buyers rights and interests as they pertain to the purchase and delivery of the listed products. Buyer acknowledges that upon receipt of Seller’s product package they will have ____days to review the following terms and conditions and either agree to the terms and conditions set forth in this Agreement or to notify Seller, by way of e-mail or telephone, that they reject the following and wish to return the product contents in said package. Upon rejection, Buyer shall follow the “return process” set forth in this Agreement.
Buyer further acknowledges that their failure to notify Seller of their rejection of said terms and conditions within the ___day period, or their assembly and use of the product contents shall constitute their complete acceptance of the terms and conditions and serve as a complete bar against any subsequent rejection of the terms and conditions.
IN CONSIDERATION of the following terms and conditions and the receipt of the product contents, the Parties agree to the following:
PRODUCTS AND DELIVERY
Seller agrees to sell and has delivered to Buyer, at Buyer’s listed address, those “swing set or swing set accessory products”, (“products”), purchased by Buyer by way of an on-line retailer or through Seller’s website, in accordance with the following terms, in new or like new condition without damage or defect as provided by the manufacturer.
Buyer acknowledges that shipment and receipt of all swing set accessory products shall occur within 2-10 business days UPS or USPS or other carrier of choice, depending on nature of product and its availability. Shipment and receipt on complete swing set units is approx 2-3 week's freight, carrier of our choice. Shipment and receipt of all products may vary during holiday or busy season. Seller does not ship swing set units, “drop ship items” or “large accessories”, as identified in Seller’s catalog, to APO/FPO addresses or P.O. Boxes. All products are shipped within the continental United States and internationally, larger products (as noted in the product catalog) and swing set units are not shipped internationally. International shipments will take longer than 2-4 days, and some products may require a “shipping quote” (as indicated in catalog), so please call in advance for costs and estimated shipment and receipt date.
Buyer further acknowledges that the freight company will call prior to delivery to schedule date and estimated time for delivery so buyer must include a phone number with order. All products shipped freight shall be delivered to buyer’s address or curb side, thus buyer must be home to take delivery, inspect and accepts as stated herein.
PURCHASE PRICE AND PAYMENT PROCESS
Buyer acknowledges the purchase price listed for each product and agrees to remit full and complete payment for each product purchased. Buyer agrees to follow the credit card payment instructions set forth by Seller’s on-line retailers or as described in Seller’s website, and acknowledges that their credit card shall be immediately debited the total purchase price amount upon processing. In the event Buyer’s credit card is declined, Buyer may re-purchase with another credit card or contact Seller directly (at contact us) to purchase by way of certified check. Buyer acknowledges that transactions are not processed and thus Seller is not obligated under the terms herein until complete payment has been obtained from buyer.
ACCEPTANCE AND REFUND POICY
Upon receipt of product, and assuming Buyer agrees to the terms and conditions in this Agreement, Buyer shall have thirty (30) days from the date of delivery to further inspect, assemble and use said product to ensure that it is “conforming” to manufacturer’s specifications or to reject it as “non-conforming” if the product is defective, damaged or missing pieces. In the event said product is damaged, defective or missing pieces, Buyer shall immediately notify Seller by way of e-mail or phone (as listed on Seller’s website) the nature of said damage or defect, and receive confirmation and instructions from Seller as to “how” and “where” to return said products. Seller shall send Buyer a new replacement product and reimburse Buyer for all shipping costs in the event said timing and notification requirements are met. Buyer acknowledges that all sales are final and that products may only be returned if they are defective, damaged or missing pieces, and that Buyer notifies Seller within said 30 day period. Buyers failure to meet the timing and notification requirements shall eliminate any right to return said product and constitute a complete bar from any further legal recourse against Seller.
Buyer may login to their account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item.
PRODUCT UPDATES AND MODIFICATIONS
Buyer acknowledges that Seller is not the original manufacture of said products and that the original manufacturer may alter, update or modify any of its products at any time for any reason, without providing notice to Seller or Buyer. In the event Buyer receives a product that has been modified or updated from the current description or as described in Seller’s website, Buyer shall have ten (10) business days to inspect and accept as is or notify and return, per the terms stated above. Buyer acknowledges that failure to meet these timing and notification requirements shall constitute complete acceptance of the updated products “as is” and eliminate any further right to refund or further recourse against Seller.
WARRANTIES AND REPRESENTATIONS
BUYER ACKNOWLEDGES THAT SELLER IS NOT THE ORIGINAL MANUFACTURER OF SAID PRODUCTS AND THAT BUYER SHALL ONLY BE ENTITLED TO THE WARRANTIES AND REPRESENTATIONS PROVIDED BY THE MANUFACTURER TO SELLER, IN ACCORDANCE WITH ITS REQUIREMENTS AND LIMITATIONS. AS A RESULT, BUYER ACKNOWELDGES THAT SELLER ONLY REPRESNTS THAT ALL PRODUCTS WILL BE SOLD AND DELIVERED IN “NEW CONDITION”, AS PROVIDED BY MANUFACTURER, AND THAT BUYER SHALL ONLY BE ENTITLED TO THOSE PRODUCT WARRANTIES AND REPRESENTATIONS OFFERED BY MANUFACTURER. BUYER FURTHER ACKNOWELEDGES THAT SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, INTENDED PURPOSE, PERFORMANCE AND RELIABILITY, SAFETY, OR OTHER QUALITIES ASSOCIATED WITH SAID PRODUCTS. AS A RESULT AND TO THE EXTENT PERMISSIBLE UNDER MICHIGAN LAW, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, WORKMANSHIP OR OTHER CONTENT ASSOCIATED WITH THE MANUFACTURER, PACKAGING OR SHIPMENT OF SAID PRODUCTS. UPON PURCHASE SELLER SHALL FURNISH TO BUYER ALL WARRANTY AND REPRESENTATION INFORMATION RELATED TO THEIR PURCHASED PRODUCT.
DISCLAIMER AND RELEASE FROM LIABILITY
Buyer acknowledges that said products shall only be used as accessories for their intended purposes, per manufacturer’s specifications and limitations, and that Buyer is aware of said specifications and limitations and therefore assumes all liability and risk associated with the assembly, supervision and use of said products. As a result, Buyer hereby releases Seller from any and all liability which may result from a manufacturers breach of any implied or express warranty, or Buyers purchase, assembly and use of said products, regardless if said manufacturer specifications have been followed or said limitations have been exceeded. Buyer acknowledges that its only legal recourse for damages shall be against the manufacturer of said product. Seller further disclaims all liability associated with Buyers purchase, use, supervision or assembly of said products and Buyer further acknowledges that their only legal recourse against Seller shall be to receive a new replacement product in the event Buyer has satisfied the above stated Refund Policy terms and conditions.
INDEMNIFICATION AND HOLD HARMLESS
Upon “accepting” said product, Buyer further agrees to indemnify, defend, and hold Seller and its shareholders and agents from and against any legal claims brought against Seller by other third parties for damages and expenses, including reasonable attorney fees, arising out of their miss-use, damage or failure to exercise reasonable care in the use and supervision of said product, breach of this Agreement, violation of any federal or Michigan law, or violation of any proprietary or privacy right.
LIABILITY AND DAMAGES
The Parties acknowledge that either Parties failure to comply with any of these terms shall constitute a material breach of this Agreement resulting in the immediate release of the non-breaching party from any further obligations, and causing the breaching party to be liable for the original purchase price as the sole and exclusive damages resulting from said breach. In the event of a legal dispute or material breach between the Parties, the Parties shall have six months from the date of the known breach or six months from when the party should have known of the breach to bring a claim against the other party. The Parties agree to use binding arbitration as the sole means for pursuing any claim or enforcing the terms and conditions herein. In the event of a claim, the claimant shall serve notice to the other Party of the claim and the Parties shall submit the claim to an arbitration forum and arbitrator(s) through the American Arbitration Association, located in Southfield, MI to resolve said dispute. In addition, the Parties shall agree that any court of competent jurisdiction in the State of Michigan shall uphold and have full force and affect as to the determination and decision made by the arbitrator(s).
GOVERNING LAW AND FORUM
This Agreement shall be governed and interpreted in accordance with Michigan Law, and the Parties expressly consent to personal jurisdiction in any competent court in Wayne County, the State of Michigan for any action or proceeding brought by either party to interpret or enforce any decision rendered through arbitration.
AUTHORITY TO CONTRACT AND ACCEPTANCE
Buyer acknowledges that they have read and fully understand the terms of this Agreement, that this writing contains the entire agreement between the parties and that they possess the legal authority and capacity to enter into this Agreement. The Parties further acknowledge that Buyer acceptance of these terms and conditions shall be evidenced by their failure to notify Seller of their rejection within ___days their receipt of the product contents or their assembly and use of said product contents.
Buyer acknowledges and agrees to the above terms and conditions by way of their “electronic signature” by way of “selecting ACCEPT” at the bottom of this Agreement, as permitted under Section 7 of the Michigan Uniform Electronic Transactions Act.
I, _______________, as Buyer, hereby accept these terms and conditions as of the registered date.