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Terms and Conditions
Prices apply to COD and Net purchases only. Buyer(s) consent to the following Terms and Conditions: This agreement contains terms and conditions (the “Agreement”) that apply to your purchase from Elite Sports (“Seller”) that will be provided to you and/or related third party (collectively the “Buyer”) on orders for our products sold in U.S.A. By accepting delivery of the products described on the invoice,credit/buyer application, or order confirmation (“Invoice”) the Buyer agrees to be bound by and accepts the Agreement. The Agreement constitutes the entire arrangement between the parties with respect to the subject matter of the Agreement, and supersedes all previous negotiations, communications, and other arrangements relating to it. The Agreement will govern all future transactions between the parties, unless amended by a written agreement signed by both Seller and Buyer.
Notice of Defects/Returns: The Buyer must make any claims of defects. Including but not limited to those related to shortages, quality, or specification, with in the first 5 days after the receipt of merchandise. The Seller cannot be responsible for shortages when shipments are directed to a third party. Buyer hereby waives any claim for damages resulting from any defect Buyer is aware of; including late delivery at a time. Buyer accepts the merchandise and does not notify the Seller.
Beware: modify the goods and you own them! Once merchandise is used, washed, altered in any way, the Buyer cannot return or make a claim relating to such merchandise. Items modified by the Buyer, or modified by Seller at the request of Buyer, may not be refunded.
Returns: It is the responsibility of Buyer to inspect upon receipt, that all merchandise delivered matches its order. A written authorization from the Seller must be obtained by the Buyer for any returned merchandise. All returns must be made within 7 days of the invoice date. The Seller will charge Buyer a 20% restocking fee for any returned merchandise that is returned without written authorization from seller due to a claim for quality.
Acceptance of goods with Known Defects and Shipment dates: Buyer who accepts goods with known defects waives any claims for damages. Buyer acknowledges that all shipping dates are approximate; Buyer waives any damages resulting from late deliveries when accepting shipment.
Jurisdiction: This Agreement shall be deemed to have been made in LOS ANGELES, CALIFORNIA and shall be governed and construed in accordance with the laws of California and the federal laws of U.S.A. All claims and proceedings arising from or related to this Agreement, shall be adjudicated solely by a court or mediator in LOS ANGELES, CALIFORNIA in the judicial Los Angeles system and the parties hereby attorn to the jurisdiction thereof.
EXCLUSION OF IMPLIED WARRANTIES: THE BUYER RECOGNIZES THAT IMPLIED WARRANTIES OF MARCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER WARRANTIES IMPLIED ARE EXLUDED FROM ANY TRANSACTION BETWEEN BUYER AND SELLER AND SHALL NOT APPLY TO THE GOODS SOLD BY SELLER. SELLER SHALL ALSO NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES.
Deterioration of Buyer’s Credit: The Seller has the right, in addition to other Remedies provided by law, to terminate any delivery or suspend further deliveries of other shipments in the event the Buyer fails to pay for any one shipment when the same becomes due. Should the Buyer’s financial condition become unsatisfactory to the Seller, the Seller may require cash payments or satisfactory securities for delivery of goods.
Confidentiality: Seller uses and discloses Buyer’s confidential information only for the purposes it was collected. Seller does not sell or rent confidential information to any organization or person for any reason. Seller does not share Buyer’s confidential information with third party organizations except to verify Buyer’s credit or unless required by law. If Buyer’s confidential information is shared with third parties, these third parties are bound by appropriate agreements with the Seller to secure and © 2019, Elite Sports | All Rights Reserved.
protect the confidentiality of Buyer’s confidential information. Seller retains Buyer’s confidential information only as long as it is required for the business relationship or as required by federal and provincial laws.