In accordance with the usage of trade, assent to the terms and conditions of sale set forth below shall be conclusively presumed from acceptance of all or any part of the material ordered. All proposals,negotiations, and representations, if any, regarding this transaction made prior to the date of this acknowledgment are merged herein.
PRICES: All pricing is subject to change. For all prices, products and offers, Game On! reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. Game On! will make all efforts to include up-to-date and accurate information on our website. Game On! makes no warranties or representations as to the site’s accuracy. Game On! assumes no liability or responsibility for any errors or omissions in the content on the Site.
PAYMENT: Orders will be reviewed by Game On! and are not binding until accepted by Game On!. Terms of payment are within Game On!’s sole discretion. Invoices are due and payable at time of order. All payments are made through PayPal which includes payment from American Express, Discover, Mastercard and Visa. The customer is responsible for sales tax and all other taxes associated with the order.
TITLE: Title to each shipment of material shall pass to the purchaser on the date of shipment or on the acceptance of the order by Game On! whichever is later.
SECURITY INTEREST: Game On! hereby retains a security interest pursuant to the applicable state U.C.C. enactment, in the purchased property to secure buyer’s obligation to pay as set forth above. Buyer also agrees that the security interest will cover all accessions and also to the proceeds of the property. Such grant shall not be construed that Game On! consents to any sale or transfer of the collateral. Game On! shall be entitled to file a UCC-1 to perfect its interest.
SHIPMENTS: All shipments are made F.O.B. Game On!’s warehouse or point of manufacture. Freight will be calculated at checkout. We do not ship any International Orders (Including Puerto Rico, Guam, APOs and FPOs), including orders that have any connection to International shipments (freight-forwarders, etc.). This applies to both the shipping and billing addresses. Orders found to have an international connection will be cancelled. There are no exceptions. Game On! assumes no liability for delay, breakage or damage after making delivery to the carrier. Buyer assumes the risk of loss or damage upon delivery to the carrier.
DELIVERY DATE: The delivery date is determined by the shipping company (UPS, USPS or FedEx). Game On! assumes no liability for loss, damage, or consequential damages due to delays.
DEFAULT: In the event of default in payment or the terms of this agreement, Game On! may exercise and enforce (1) any and all rights and remedies available after default to a secured party under the Uniform Commercial Code, including but not limited to, the right to go onto the property of the Buyer where the property is located and take possession without judicial process to the extent permitted by law; (2) any or all other rights or remedies available to secured parties by law or agreement against the property, against the Buyer or against any other person or property. If seller hires an attorney who is not a salaried employee to collect what is owed under the contract or to regain possession of the above described material, buyer agrees to pay reasonable attorney’s fees plus court costs. If state or federal law provides for a limit on attorney’s fees, buyer will pay only the legal limit.
RETURN OF GOODS: All merchandise is subject to a manufacture inspection upon arrival before the return will be finalized. You must email firstname.lastname@example.org for an RA # and instructions before you send the return back. All products must be returned in resalable condition (unused and/or unopened). There will be no credit issued on items that have been opened or used. All merchandise returned will be processed within 10 business days. Returns must be sent back within 30 days of the invoice date or restocking fees of 15% will be applied. For a prompt refund please send a copy of your invoice and a letter of explanation for the return. All return shipping must be prepaid; no COD’s will be accepted.
TAXES: Any taxes that the Seller may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the material covered hereby, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Buyer, who shall promptly pay the amount thereof to the Seller upon demand.
EXCLUSION OF WARRANTIES: NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, HAVE BEEN MADE BY OR ON BEHALF OF GAME ON!. There are no express or implied warranties of merchantability, fitness for particular purpose, or otherwise, which extend beyond a description of the materials.
PERMISSIBLE VARIATIONS, STANDARDS AND TOLERANCES: Except in the particulars specified by Buyer and expressly agreed to in writing by Seller, all material shall be produced in accordance with Seller’s standard practices. All material, including that produced to meet an exact specification, shall be subject to tolerances and variations consistent with usages of the trade and regular mill practices concerning: dimension, weight, straightness, section, composition and mechanical properties; normal variations in surface, internal conditions and quality; deviations from tolerances and variations consistent with practical testing and inspection methods; and regular mill practices concerning over and under shipments.
GAME ON!’S LIABILITY: In no event shall Game On!’s liability for breach under this agreement exceed the amount of the invoice price of the material.
EFFECT OF AGREEMENT: All rights of Game On! shall inure to the benefit of its successors and assigns, and all obligations of Buyer shall bind buyer’s heirs, legal representatives, successors and assigns. If there is more than one Buyer, obligations of such buyers shall be joint and several. This agreement and security interest created hereby shall terminate when obligations have been paid in full.
MISCELLANEOUS: If and to the extent that applicable law confers any rights or imposes any duties inconsistent with or in addition to any of the provisions of this agreement, the affected provisions shall be considered amended to conform thereto, but all other provisions hereof shall remain in full force and effect. The laws of Connecticut shall govern over the terms of this agreement. This writing is the full and complete agreement between the parties. Any modifications of this agreement must be made in writing and executed by both parties. Waiver by Game On! of a breach of any of the terms and conditions of this contract shall not be construed as a waiver of any other breach.