SHARK OFF TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE AGREEMENT VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH SHARK OFF, LLC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
This Agreement is subject to and incorporates all instructions, warnings, and terms and conditions contained with the product. By use of the products, you indicate your acceptance of all the terms and conditions of this Agreement.
1. These terms and conditions of commercial sale (the “Terms and Conditions”) of Shark Off, LLC (the “Seller”) bind the Seller and its customer (the
“Buyer”) and apply to and form an integral part of all quotations and offers made by Seller, all acceptances, acknowledgments, and confirmations by Seller of any orders by Buyer and any agreements (“Agreements”) regarding the sale by Seller and purchase by Buyer of goods and services (“Products”), unless and to the extent Seller explicitly agrees otherwise. Seller reserves the right to unilaterally modify or amend any portion of these Terms and Conditions at any time without prior notice. The current version of these Terms and Conditions and any modifications or amendments supersedes all prior versions of these Terms and Conditions. The most current version of these Terms and Conditions may be found at Seller’s website (www.thesharkoff.com) and is otherwise available upon request.
2. Seller only accepts returns as a result of a product defect, as determined solely by Seller. The Products are consumable and must dissolve to work. The
Products are frequently used by Buyers on vacation, who might use the Product temporarily with the intent to return them for a full refund. Therefore, the Seller cannot accept non-defective Product returns. Seller's sole and exclusive liability and Buyer's exclusive remedy with respect to products proved to Seller's satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, at Seller's sole discretion, upon the return of such products in accordance with Seller's instructions.
3. Seller MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING SUCH INFORMATION OR PRODUCTS EXCEPT THAT SELLER
WARRANTS THAT IT HAS GOOD TITLE TO THE PRODUCTS AND THE PRODUCTS WILL CONFORM TO THEN-CURRENT SPECIFICATIONS AT THE TIME OF DELIVERY.
4. SELLER EXPRESSLY EXCLUDES all conditions, warranties, and terms implied by statute, general law, or custom except any implied condition or
warranty which cannot be excluded under any applicable statute.
5. SELLER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller's warranties
made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions as furnished by Seller in the product packaging.
6. Seller excludes all liability to Buyer for any acts or omissions or those of its employees, agents, or contractors arising out of or in connection with the
7. SELLER SHALL NOT, IN ANY EVENT, BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM
ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Buyer acknowledges that it is in the nature of the products and the environment in which they are designed to operate that it is not possible for Seller
to give, and Seller does not give, any undertaking or representation that the products will be always effective to deter or prevent shark interaction notwithstanding use of the products.
9. Subject to these conditions, Buyer warrants that it has not relied on any representation made by Seller which has not been stated expressly in a written
agreement or upon any descriptions, illustrations, or specifications contained in any document including catalogs or publicity material produced by Seller.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, international tort, and equitable claims) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Seller's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Any Arbitration shall be held in Johnson County, Kansas. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
11. Governing Law
This Agreement and any sales hereunder shall be governed by the law of the state of Kansas, without regard to conflict of laws rules. The Buyer consents to the jurisdiction of the Federal or State courts located in Johnson County, Kansas, for purpose of any suit, action, or proceeding arising out of this Agreement.
12. No Assigns
Buyer may not assign this Agreement without the prior written consent of Seller. Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns.
13. Buyer Obligations
Buyer warrants that the products will be used, maintained and stored by Buyer strictly in accordance with the instructions, warnings, and terms and conditions contained with the product and available on the Shark OFF website (www.thesharkoff.com).
14. Buyer will indemnify Seller against all claims, damages, or other losses of whatever nature suffered by Seller as a result of its failure to comply with these
Whenever possible, each provision of these conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is held invalid or unenforceable, the remainder of these conditions shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.