Terms
IMPORTANT NOTICE TO CUSTOMERS:
Please review the below terms and conditions (“Terms”) of your purchase and our sale of the Product (as defined below) since it will govern our relationship as seller with you as our customer. Specifically, you agree and acknowledge:
All seats, custom seats, accessories or other items related to seats (individually a “Product” and collectively “Products”) sold by Seat Specialists ("SS") are sold to you in an “as is, where is” condition. SS does not manufacture the Product(s). Rather, it is a distributor and retailer of Product(s) designed, built and supplied by independent manufacturers (individually a “Manufacturer and collective “Manufacturers”).
Any and all warranties with respect to the Product(s) come(s) from the Manufacturer(s) and the Manufacturer(s) alone.
Any information provided about the Products is prepared by the Manufacturer(s) of the Product(s) including, but not limited to, all representations and warranties, express or implied, about the merchantability, quality and fitness for a particular purpose of the Product, each and all of which are expressly disclaimed by SS.
No changes to, waiver of, or addition to any of these Terms shall be effective unless agreed to in writing and signed by SS. Customer acknowledges and agrees that these Terms supersede the terms and conditions of any purchase order or other documentation used by Customer and, except for delivery and billing addresses, and any conflicting or additional terms are void and have no effect. Customers(s ) may place orders by use of purchase orders and other documentation for its convenience purposes only.
Customer shall be solely responsible for the installation, use and functionality of the Products and has made its decision to purchase the Product following its independent evaluation and investigation of the Product, not on any advice or direction of SS.
Customer acknowledges that SS does not design or Manufacturer any Product, including the Product(s) purchased by Customer. Any claim Customer may have with respect to the Product including, but not limited to, any injury claimed to be associated with the Product shall be brought, if at all, against the Manufacturer.
CUSTOMER SPECIFICALLY, FOR ITSELF AND ALL PERSONS WHO MAY BE ABLE TO CLAIM THROUGH CUSTOMER RELEASES SS FROM ANY LIABILITY FOR ANY DAMAGE OR INJURY ASSOCIATED WITH THE PRODUCT(S) AND WILL INDEMNIFY AND HOLD SS HARMLESS FROM ANY CLAIM BROUGHT BY THE USE OF THE PRODUCT BY CUSTOMER OR ANY PERSON USING THE PRODUCT PROVIDED TO CUSTOMER BY SS. SS AND ITS AFFILIATED COMPANIES AND THIRD PARTY SUPPLIERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES, COSTS OR DAMAGES INCURRED BY CUSTOMER OR OTHERS, DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF THE PRODUCTS OR FROM ANY OTHER CAUSE WITH RESPECT TO THE PRODUCTS, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY IN TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY (INCLUDING WITHOUT LIMITATION, LOST PROFITS, REVENUES, ANTICIPATED SALES, BUSINESS OPPORTUNITIES, GOODWILL, OR INTERRUPTION OF BUSINESS OR OTHER INJURY OR DAMAGE).
In the event Customer has a Claim with respect to a Product warranty issue for a Product purchased from SS, as an authorized distributor of a Manufacturer Product, SS will assist the Customer in submitting the claim to the Manufacturer. If an item fails during the warranty period, the buyer should contact SS and we will replace or repair the product as per the Manufacturer’s warranty stipulations which are contained in the materials received by the Customer with the Product or which are available at the internet website of the Manufacturer. Manufacturer warranties do not cover Products damaged in shipping, modifications, abuse, unintended use, misuse, acts of God, incorrect installation, or any other act not specifically covered by the Manufacturer warranty resulting in damage to the product.
SS will use its reasonable efforts to fill orders, but SS shall not be liable for nonperformance or delays caused by a shortage of raw materials, manufacturing problems, delivery or labor problems, priorities, acts of regulatory agencies or judicial bodies, discontinuation of a product line, acts of God or third parties, infringement claims, or other causes beyond its reasonable control. Customer agrees that in such events, SS may allocate products among all purchasers as it deems reasonable, without liability.
By accepting these Terms, Customer confirms that Customer is not located in (or a national resident of) any country under U.S. Economic embargo or sanction, not identified on any U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, on the US State Department Debarred Parties List or Treasury Department Designated Nationals exclusion list, and not directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 CRF 744). SS may suspend performance under these Terms: 1) if the Customer is in violation of any applicable laws or regulations, and 2) to the extent necessary to assure compliance under the U.S. or other applicable export or similar regulations.
The Products are sold subject to Delaware law. These Terms and any dispute or claim arising out of or relating to these terms or the sale of Products ("Claim") shall be governed by and construed under Delaware law, notwithstanding its law of conflicts of law. If any Claim cannot be settled amicably between the parties, such Claim shall be tried by a court and not a jury. Customer expressly and unconditionally waives its rights to a jury trial in any such Claim.
The SS return policy allows the return of non-customized Products or parts shipped from our warehouses within fifteen (15) days of receipt by the Customer. There is a twenty percent (20%) restocking fee. We do not pay nor refund shipping charges. Prior to returning any Product, the Customer must contact SS to get an authorization for return and a return shipping address. Customers are responsible for the cost of return shipping. NOTE: Returns will not be accepted for Products which are damaged or defective unless authorized by the Manufacturer.
SS reserves the right at any time to amend these Terms and Customer shall be deemed to accept such amended Terms by ordering Products offered after the date of such amendment. Additional special terms and conditions of SS may be applicable with respect to certain custom or specialized Products but such special terms will be disclosed to Customer prior to ordering such custom or specialized Products.