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Buyer expressly agrees that Pure Sports Technologies Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Pure Sports Technologies.
Pure Sports Technologies may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.
Unless otherwise indicated on the face of the invoice, all prices are quoted on a per dollar basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Pure Sports Technologies under any other agreement.
Unless otherwise agreed in writing signed by officer of Pure Sports Technologies , all delivery dates are estimates Pure Sports Technologies shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Pure Sports Technologies be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Pure Sports Technologies failure to deliver Product by the specified date.
The method and route of shipment are at Pure Sports Technologies discretion unless Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when Product is delivered to the selected carrier, even if Pure Sports Technologies made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.
Any order placed with and accepted by Pure Sports Technologies may be canceled by Buyer only upon Pure Sports Technologies approval in writing signed by an officer of Pure Sports Technologies and upon terms that indemnify Pure Sports Technologies against any loss. Pure Sports Technologies will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred. Pure Sports Technologies will not accept cancellations of special orders of non-standard, non-price list products. Pure Sports Technologies may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.
Pure Sports Technologies charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your order. Prices for the Products do not include charges for shipping and handling. Any such tax or governmental charge will be added to the total invoice amount. All prices are FOB Seller’s facilities. Applicable freight costs will be added to the invoice.
Buyer acknowledges and agrees that Pure Sports Technologies liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on Pure Sports Technologies liability hereunder shall apply even if Pure Sports Technologies liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action as accrued.
Upon delivery of Product, Buyer shall have five (5) days to inspect Product and notify Pure Sports Technologies, in writing, of any defective goods or other cause for rejection. Buyer agrees that five (5) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such five (5) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.
Buyer shall defend, indemnify and hold harmless Pure Sports Technologies and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in product caused by any alteration or modification thereof by Buyer with or without Pure Sports Technologies consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label product or Buyer’s improper labeling of product regardless of whether the labeling was done with or without the advice of Pure Sports Technologies, or any act or omission of Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.
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LeapTech, LeapTech, the LeapTech brand logos, and all other trademarks, product names and company names or logos cited herein are the property of their respective owners.
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Applicable Laws This Terms of Use shall be governed by and construed in accordance with the law of the State of Florida. The buyer agrees that any legal action or proceeding under or with respect to this Terms of Use will be brought in the State of Florida sitting in the county of Charleston and for the purpose of any such legal action or proceeding, The buyer hereby submits to the jurisdiction of such courts. The buyer hereby agrees not to raise, and waives any objection the buyer may have to any defense the buyer may have based upon the venue of such courts or based upon an inconvenient forum. The parties to this Terms of Use hereby voluntarily, knowingly and irrevocably waive any constitutional or other right each may have to a trial by jury in the event of litigation related to or concerning this Terms of Use.
Should any litigation, arbitration, meditation or other legal proceeding be commenced concerning this agreement, LeapTech shall be entitled, in addition to such other relief as may be granted, to reimbursement of LeapTech actual attorneys’ fees and costs incurred in connection with such proceeding as well as collection fees. ”Actual attorneys’ fees” means the full and actual cost of any legal services actually performed in connection with the matter for which such fees are sought calculated on the basis of the usual fees charged by the attorneys performing such services, and shall not be limited to ”reasonable attorneys’ fees” as that term may be defined in statutory or decisional authority.
Price and all content is subject to change without notice. Except as otherwise stated on this Web site, neither LeapTech nor any of its management, or employees will be liable for damages arising out of or in connection with the use of this Web site. For your safety, please read all packaged products carefully before using. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Payment by credit/debit cards shall be made by a credit or debit card approved by Pure Sports Technologies. Approved credit and debit card types are listed on the website. You have to supply your payment card details when you place your order.
These Sales Terms shall be governed and construed in accordance with laws of the State of Florida, USA.
