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.
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- 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
- 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.
- 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.