General Terms and Conditions of Sale
- The terms and conditions herein set forth refer to any orders placed with XTECH Protective Equipment LLC (hereinafter designated "the Company") by any other party (hereinafter designated "the Client") ordering goods (hereinafter designated "the Goods") manufactured, distributed or supplied by the Company.
- Prices for the Goods are exclusive of all insurance, city, state and federal excise taxes, including, without limitation, taxes on manufacture, sales, receipts, gross income and similar taxes. Wherever applicable, any tax or taxes will be added to the invoice as a separate charge to be paid by Client.
- To be accepted, all orders must be accompanied a purchase order in the form set forth on the reverse of these terms and conditions. All purchase orders must be signed by an authorized representative and then returned to the Company by fax, email or mail. Orders received by the Company in writing, by fax or by pdf are binding upon the Client. The Client shall not be entitled to cancel the order at any time after the order is accepted by the Company.
- The Company reserves the right to make any design or material changes without prior notification or responsibility to the Client.
- The Company will to the best of its ability comply with the Client’s instructions concerning the delivery dates of the Goods, however any delivery date scheduled is an indication only offered in good faith. The Company does not guarantee delivery time and shall not be held responsible for claims which may arise out of delayed delivery.
- If deliveries by the Company or its agents are delayed due to industrial disputes, war, acts of terrorism, fire, breakdown of machinery, or shortage of machinery or labor or from any other circumstances beyond the Company's control, the Company shall not be held responsible for any loss or damage arising therefrom.
- The Client shall be responsible for any damage or loss of Goods after the Client has provided a signed acceptance of the Goods received on the Client's premises.
- Unpaid balances are subject to an interest charge of 1-1/2%. Client shall be responsible for all legal fees incurred in connection with the collection of unpaid amounts due to the Company.
- If a shipment is refused by the Client for any reason, and the merchandise is returned to the Company, Client will be charged for all freight and a re-stocking fee charge of 15%.
- Any claims for damage or non-conforming Goods must be reported to the Company immediately in writing, but no later than two days after date of delivery. No claim shall be entertained after this period.
The Company warrants all of its products to be free from defects in material and workmanship under normal use for a period of two (2) years from the date of delivery as directed in the applicable purchase order. The Company’s sole obligation and Client’s sole remedy is to repair or replace, at the Company’s option, any part which is found to be defective during the warranty period. Repair or replacement must be made only by the Company or by a Company-approved vendor. This warranty does not cover products damaged in shipment or any product damaged as a result of misuse, negligence, accident, ordinary wear and tear, vandalism or by repairs, alterations or use of replacement parts not manufactured or installed by the Company or a Company-approved vendor. Contact the Company for a list of approved vendors.
OTHER THAN AS EXPLICITLY SET FORTH ABOVE, No warranty OR guarantee, express or implied, including any warranty as to merchantability or fitness for any purpose is made and the Company shall not be liable for any loss or damage, directly or indirectly, arising from OR RELATED TO the Goods. The Company shall not be liable for special, indirect, incidental or consequential damages.No warranty OR guarantee, express or implied, including any warranty as to merchantability or fitness for any purpose is made and the Company shall not be liable for any loss or damage, directly or indirectly, arising from OR RELATED TO the Goods. The Company shall not be liable for special, indirect, incidental or consequential damages.
The Company’s equipment is designed to protect the safety of players. However, by the very nature of the sport, the methods of practice and conditioning to play the sport, and the equipment designed for the sport and such practice, it is possible that serious bodily injury or death, or property loss and damage could result from the use of the Company’s equipment. Client knowingly and voluntarily assumes all risk of serious injury, death and property damage related to the use of Company products including those which may result from the negligence of the Company (including its employees and agents), Client or any other person or cause. Use of Company products shall constitute a release by Client of the Company, and its shareholders, members, managers, officers, employees and agents and their respective successors and assigns from all liability for injury, death and property loss or damage which is in any way related to the use of Company products, including any and all liability that may result from the negligence of the Company (including its employees and agents), Client or any other person or cause. The Company assumes no liability for improper use, negligent assembly, unauthorized alteration or modification, lack of supervision, the physical condition or health of any person using the equipment, or any other conditions affecting the persons using the Company’s equipment and the use of any Company product. Consult all written materials accompanying the equipment prior to any use or assembly.
- Any variation in the obligations of the Company or the rights of the Client under these general terms and conditions of sale shall be binding only if it is recorded in a written document signed on behalf of the Company.
- These general terms and conditions of sale shall in all respects be governed by and construed in accordance with the laws of the state of New York. The Company and Client each hereby irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York for the purposes of any suit, action or other proceeding arising out of or based upon these terms and conditions or the subject matter hereto.