TERMS & CONDITIONS OF SALE
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM PACIFIC RIM GOLF CORP. © PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS
DEFINITIONS
"Product" shall mean any item offered for sale or licensing on any website published by this company under the various trading names and styles used - including but not limited to Pacific Rim Golf – Pacific Rim Engineering & Design
ENTIRE AGREEMENT
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
ORDER ACCEPTANCE
All orders of Products placed by you with Pacific Rim Golf Corp. © shall be subject to acceptance by Pacific Rim Golf Corp. © Notwithstanding any order confirmation or acknowledgement or other communications sent by Pacific Rim Golf Corp. © – under any trading name - your order shall not be deemed accepted by Pacific Rim Golf Corp. © until shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
PAYMENT TERMS – PRICE CONFIRMATION
Unless otherwise indicated, the purchase price of Products will be invoiced, together with any shipping and handling costs applicable, on the same day that shipment is made. Credit card information provided by the purchaser as a guarantee of payment of invoiced amounts will not be used to charge the credit card until payments are at least 10-days in default and notification has already been made to the purchaser. Pacific Rim Golf Corp. © does not accept cash, COD, purchase orders, or personal checks. Pacific Rim Golf Corp. © payment terms are subject to change without notice at the sole discretion of Pacific Rim Golf Corp. ©. For web orders, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on a Pacific Rim Golf Corp. © web site for either Product or Shipping, Tax, or any other costs is incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct total price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
PRODUCT
The manufacture of product is continually subject to changes of both design and availability. Pacific Rim Golf Corp. © will update and revise Products accordingly. Advice of such changes is usually displayed on our website product pages, however smaller changes may not be so noted. Pacific Rim Golf Corp. © may revise and/or discontinue Products at any time. Changes in products shipped and products described on Pacific Rim Golf Corp. © websites and/or directs sales materials (ads, catalogs, specification sheets etc.) are possible. Pacific Rim Golf Corp. © Products are new unless specified as refurbished.
RETURNS POLICY
Returns for any other reason than faulty manufacture can only apply to Product that is in brand-new condition, completely unused, and still packed in its original packing. If pre-agreed by both Pacific Rim Golf Corp. © and the dealer, and returned with carriage paid and insured for the full purchase cost, by UPS or Federal Express or DHL, in original condition and in the original packaging, and after inspection and testing and found to be in "as-new" condition, the purcaser will be credited at the original invoiced price less a minimum 22% restocking charge and then less costs of original shipping and handling. This charge is necessary towards the cost of handling, checking, repacking, possible freight back to a logistics company warehouse, and restocking.
SHIPPING - ACCEPTANCE OF DELIVERIES
Once product has been shipped by Pacific Rim Golf Corp. that product must be accepted by you, the customer. Under no circumstances can you the customer refuse to accept such delivery from the carrier company used by Pacific Rim Golf Corp. or its suppliers. This is irrespective of any delay in such delivery caused by the carriers. In the event that a customer does refuse to accept the delivery of product then they will be responsible for both the outgoing and return charges from the carrier involved, and for the restocking costs as in "RETURNS POLICY" above.
SHIPPING AND HANDLING – RISK OF LOSS
Product prices do not usually include shipping and handling. Pacific Rim Golf Corp. © will use its discretion in selecting a reputable carrier and appropriate means of shipment. Even in cases where Pacific Rim Golf Corp. © pays for the shipping, the risk of loss or damage to Products in transit is that of the purchaser. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
LIMITATION OF LIABILITY
THE LIABILITY OF BOTH YOURSELF – THE BUYER - AND PACIFIC RIM GOLF CORP. © SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR PACIFIC RIM GOLF CORP. © BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR PACIFIC RIM GOLF CORP. © SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
TAXES
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you, or in lieu thereof, you must provide Pacific Rim Golf Corp. © with an appropriate tax exemption certificate.
TITLE
Title to Product(s) other than software passes from Pacific Rim Golf Corp. © to you upon shipment. Title to software shall remain with the applicable licensor(s).
GOVERNING LAW – WAIVER OF JURY TRIAL
This Agreement and all purchases hereunder shall be governed by and construed under the law of the state of California , without regard to conflicts of laws rules. You agree that the courts of California shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either (i) Tulare County , State of California ; or (ii) the Southern District of California of the United States District Court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.
HEADINGS
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
CRITICAL COMPONENTS
The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
FORCE MAJEUR
Pacific Rim Golf Corp. © shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Pacific Rim Golf Corp. © or it's suppliers, either in the United States or abroad. Quantities are subject to availability. In the event of shortage, Pacific Rim Golf Corp. © may allocate sales and deliveries in its sole discretion.
WAIVER – INVALIDITY
Failure of Pacific Rim Golf Corp. © or its manufacturers to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
ENTIRE AGREEMENT
These terms and conditions constitute the entire and exclusive agreement between you and Pacific Rim Golf Corp. © concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Kolnex.
WARRANTY
LIMITED WARRANTIES
With respect to all products sold Pacific Rim Golf Corp. © make a limited warranty for a period of 1-Year from the time of original purchase, covering parts and labor, but not including any costs associated with the shipment of Product to them for such service. Such Products are sold byPacific Rim Golf Corp. © AS IS. Extended warranties, when offered and purchased, will apply to the supply of spare parts only, including delivery costs, for the applicable period, they will however require that the claimant return the original part Pacific Rim Golf Corp. © with carraige paid by UPS or other carrier able to provide tracking information and proof-of-delivery.
PACIFIC RIM GOLF CORP. © EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
This warranty covers only manufacturing defects in the Product itself. During this period all such defects will be taken care of by the manufacturer including electrical and mechanical items. Pacific Rim Golf Corp. © reserves the right to repair or replace the item or the whole product.
Product can only be returned direct to Pacific Rim Golf Corp. © for service by making prior arrangement with Pacific Rim Golf Corp. © and with the dealer concerned.
The warranty period for the battery is limited to 3 months.
Whilst the likelihood of the Product having to be returned for service or exchange is small, in the event that this becomes necessary the retail purchaser will need the original packing for safe transit. For this reason they should retain his original packing.
In all cases requiring service - during the warranty period or after that period - the buyer should take direct contact with the Service Department of Pacific Rim Golf Corp. ©. Initially telephone (866) 915 2110. You will be asked for the serial number of the cart, and the date of purchase.
Please take careful note of the clause above relating to the remedial actions offered by Pacific Rim Golf Corp. © - either repair or replacement of the product. Under no circumstance will there be any cash refunds made by Pacific Rim Golf Corp. © to buyers in a case of problems or dissatisfaction with a product.
ITEMS EXPORTED
Spare parts - whether under warranty or not - can be shipped to customers in countries outside of the US (including Canada) however the freight will be payable by the customer - plus a small charge to cover export handling costs.
PRODUCT DESCRIPTIONS
This warranty, and its terms, applies irrespective of which product is purchased, or of the product description, model number, or packing names used. |
