Ipso Facto Conditions of Sale

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CONDITIONS OF SALE FOR ALL SALES
These conditions supersede any other terms and conditions appearing in the Seller’s catalogues, advertisements, website or elsewhere and shall apply to all orders accepted by the Seller and shall form part of the contract between the Seller and the Purchase ("the contract"). These conditions shall override any conditions stipulated, incorporated or referred to by the Buyer whether in its purchase order in any negotiations or any qualification thereof shall nor form part of the contract. The descriptions contained in catalogues, price lists, website and other leaflets or descriptive matter belonging to the Seller are intended merely to present a general idea of the goods described therein. None of these materials shall form part of the contract and no report, representation or statement made by any representative of the Seller not contained herein shall be binding on the Seller. The Buyer shall not assign this contract without the written consent of the Seller. All sales are final.
TERMS OF PAYMENT
Unless otherwise specified, payment must be made in full. Buyer agrees to pay interest at the highest legal rate of interest on all outstanding balances. The parties agree that title to any goods shall not pass unless payment in full is made to Seller and no credit card chargeback is made for a period of 180 days following shipment of the goods by Seller. Seller shall be entitled to a possessory purchase money lien on all goods sold until full and complete satisfaction of all terms and conditions specified herein, including but not limited to full payment is made and no charge backs on credit card orders have been made for a period of 180 days following shipment of the goods by Seller. Prices are exclusive of, and Buyer will pay, applicable sales, use, consumption, goods and service, value added or like taxes, unless Buyer has provided Seller with an appropriate exemption certificate for the Delivery location.
In any action arising from this agreement the prevailing party shall be entitled to recover its attorneys fees and costs. In the event the payment to Seller for the goods is rescinded by any person or entity, including but not limited to: any credit card company or banking/financial institution Buyer hereby agrees to indemnify Seller for all expenses incurred as a result of its efforts to recover the goods and/or payment arising from the contract and sale between them. All sales are final, there are no refunds. Exchanges are permitted with BUYER covering the cost of shipping for both original and new item. Credit to be applied towards new item is the ticket price of the original item only and does not include original freight cost or other fees.
DELIVERY
The Seller will use its best endeavor to complete delivery of the goods within the periods stated but shall not be liable for damages or otherwise for failure to do so from any cause whatsoever beyond the control of the Seller. Delays however caused shall not be a ground for cancellation or variation of the contract by the Buyer. If Seller is unable to meet Buyer's Delivery requirements, alternative arrangements may be agreed. In the absence of such agreement, Buyer's sole remedy is to cancel the order, in writing actually received by Seller prior to shipping by Seller. Seller will ship according to Seller's standard commercial practice, and risk of loss or damage shall be the burden of Buyer once the goods are deposited into the mail. Shipping and handling charges will be listed separately on Seller's invoice when not included in the Product's purchase price. If Buyer requested special packing or shipping instructions are agreed to by Seller, charges will be billed separately to Buyer, and risk of loss or da mage will pass to Buyer on delivery to The United States Postal Service.
WARRANTY
The provisions of this section shall survive the termination of this Agreement, howsoever caused.
THE MANUFACTURERS WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, SELLER SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. SELLER MAKES NO WARRANTY OF ANY KIND OR NATURE. ALL SALES ARE FINAL.
Seller shall not be held liable for any consequential damage, either direct or indirect, or for loss of profits in case of any failure of the goods sold.
NO WAIVER, ALL REMEDIES CUMULATIVE
Failure by the Seller to insist upon strict performance of the terms and conditions herein shall not constitute waiver of such terms and conditions and all rights and remedies are reserved to and by Seller.
GOVERNING LAW
This contract shall be governed by the laws of The State of California
GENERAL PROVISIONS
If any provision of this agreement shall be adjudged to any extent be invalid, the remainder of the agreement shall not be affected thereby and each provision of this agreement shall be valid and enforced to the fullest extent permitted by law. This document shall be interpreted as having been jointly drafted and not construed against either party.
This agreement sets forth the entire agreement between the parties. Any prior conversations or writing are merged herein and extinguished. No subsequent amendment to this Agreement shall be binding upon Buyer or Seller unless reduced to writing and signed. Seller reserves the right to cancel any sale related to this agreement and refund any monies paid by Buyer. Buyer agrees that the return of monies actually paid shall be his sole remedy and redress where Seller cancels this agreement.
ARBITRATION OF DISPUTES
Any controversy or claim arising out of or relating to this contract, or any breach thereof, shall be settled by binding arbitration administered by The American Arbitration Association (“AAA”). Judgment upon the award may be entered in any court having jurisdiction thereof pursuant to the Federal Arbitration Act. The arbitrator shall have the authority to grant all appropriate relief, including but not limited to: compensatory, exemplary, declaratory or injunctive. The arbitrator shall not be bound by case precedent. The party’s hereto agree the arbitration shall be conducted by a single arbitrator and the arbitration shall be conducted in California in any city in the county of Orange selected by AAA unless agreed in writing by all parties within 5 days of the request for a different location by any party upon the other. In any action to interpret or enforce this agreement the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs. Each signatory hereto irrevocably consents to the jurisdiction of the US District Court’s in the State of California (where the arbitration is conducted) and agrees to service by either Registered mail, USPS Express or Priority Mail or FEDEX for all process in any action or proceeding arising from this agreement.

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