TERMS and CONDITIONS OF SALE

 
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PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Agreement contains the terms and conditions that apply to your purchase from the MAXIMUM SKATE entity named on the invoice that will be provided to you ("Customer") on orders for skate sharpening systems, related products and/or services and support sold in the United States. By accepting delivery of the skate sharpening systems, other products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH MAXIMUM SKATE, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER MAXIMUM SKATE STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in MAXIMUM SKATE sole discretion.

  1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and MAXIMUM SKATE.
  2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
  3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within MAXIMUM SKATE'S sole discretion, and unless otherwise agreed to by MAXIMUM SKATE'S, payment must be received by MAXIMUM SKATE prior to MAXIMUM SKATE'S acceptance of an order. Payment for the products and services and support will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by MAXIMUM SKATE'S.
  4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on MAXIMUM SKATE'S invoice(s). The Customer is responsible for sales and all other taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on the MAXIMUM SKATE invoice.
  5. Title; Risk of Loss. Title to products passes from MAXIMUM SKATE to Customer on shipment from MAXIMUM SKATE facility. Loss or damage that occurs during shipping by a carrier selected by MAXIMUM SKATE is MAXIMUM SKATE'S responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
  6. Warranties.  MAXIMUM SKATE MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN MAXIMUM SKATE'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN MAXIMUM SKATE'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. MAXIMUM SKATE reserves the right to modify its warranty at any time, in its sole discretion.
  7. Return Policies. MAXIMUM SKATE systems and parts that are purchased directly from MAXIMUM SKATE by an end-user Customer may be returned by Customer in accordance with MAXIMUM SKATE "Total Satisfaction Return Policy" in effect on the date of the invoice.
  8. Exchanges. From time to time, MAXIMUM SKATE may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with MAXIMUM SKATE exchange policies in effect on the date of the exchange.
  9. Products. MAXIMUM SKATE policy is one of on-going product update and revision. MAXIMUM SKATE may revise and discontinue products at any time. MAXIMUM SKATE will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Spare parts may be new or reconditioned.
  10. Limitation of Liability. MAXIMUM SKATE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR THE PROVISION OF SERVICES AND SUPPORT MAXIMUM SKATE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND SUPPORT CUSTOMER PURCHASES UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, MAXIMUM SKATE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS AGREEMENT, MAXIMUM SKATE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SERVICES UNDER THIS AGREEMENT.
  11. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. MAXIMUM SKATE has separate terms and conditions governing resales.
 
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