Terms of Agreement in Purchasing the Body Bottle
AND CONDITIONS CONTROL. The following terms and conditions (these "Terms
and Conditions"), are agreed to by Global Units LLC ("Seller") and the
purchaser ("Purchaser"). Seller's acceptance of any order is subject to
these Terms and Conditions. No contrary, additional or different terms,
provisions or conditions shall be binding on Seller unless accepted by
Seller in writing.
COMPLETE AGREEMENT. This document
represents the full and final agreement of the parties regarding these
Terms and Conditions.
MODIFICATION. Purchaser understands and
agrees that (a) no modification or waiver of these Terms and Conditions
shall be effective unless made by an authorized representative of Seller
in writing addressed to Purchaser and specifically referring to these
Terms and Conditions; (b) no course of action on the part of Seller
shall be deemed to modify these Terms and Conditions; and (c) Seller's
acknowledgment or acceptance of anything in writing from Purchaser which
is in conflict with these Terms and Conditions (including any purchase
order forms containing different terms or conditions) and any subsequent
delivery of Goods shall not constitute a modification or waiver of these
Terms and Conditions.
GOODS SOLD. The final invoice shall
cover the specific quantities of items listed on the face thereof (the
ACCEPTANCE BY PURCHASER. Purchaser
accepts goods at the moment of payment and Seller is not bound to refund
any payment once Purchaser has received goods.
DISCLAIMER OF WARRANTIES: ALL GOODS ARE
PURCHASED BY THE PURCHASER "AS IS" AND "WITH ALL FAULTS", AND SELLER
MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE GOODS.
DISCLAIMER OF LIABILITY. The Body Bottle is not for children or persons under the age of 16! Purchaser
acknowledges that the Goods sold herein may be dangerous if improperly
used. Seller will not be responsible for any loss or injury resulting
from defects or alleged defects in the Goods sold or from the subsequent
use of the items. Purchaser agrees to defend any suit, action or cause
of action brought against Seller, its directors, officers, employees and
other agents and representatives by any person based on any such alleged
injury, illness, or damage and to pay all damages, costs and expenses
including, but not limited to, attorney's fees or legal expenses in
connection therewith or resulting therefrom.
INDEMNIFICATION. Purchaser hereby
agrees to defend, indemnify and hold harmless Seller its directors,
officers, employees and other agents and representatives from and
against any and all liabilities, judgments, claims, settlements, losses,
damages, penalties, obligations and expenses, including attorney's fees
and expenses and other professional fees and expenses, incurred or
suffered by such person arising from, by reason of, or in connection
with any loss, damage or injury to person or property arising from, by
reason of or in connection with the Goods sold hereunder. This
indemnification shall survive delivery of the Goods to Purchaser and any
subsequent sale or other transfer of the Goods to a third party.
LIMITATION OF DAMAGES. Seller's
liability with respect to Goods sold to Purchaser shall be limited to
refunding any payments made by Purchaser (i) with respect to Goods
returned to and accepted by Seller or (ii) with respect to Goods ordered
but not shipped by Seller upon Seller's cancellation of the invoice. In
no event shall Seller be liable for incidental, special, or
consequential damages, lost profits, or any expenses of Purchaser,
including, but not limited to, shipping costs.
ASSIGNMENT. Purchaser may not assign
its rights or delegate its performance in whole or in part under any
invoice without the prior written consent of Seller and any attempted
assignment or delegation without such consent shall be void.
GOVERNING LAW. All invoices and these
Terms and Conditions shall be construed according to the laws of the
District of Colombia.
REPAIR. Seller is not obligated to do
any repair work or modifications upon the Goods prior to sale or
delivery. Accordingly, Seller shall not be liable for any alleged
damages caused by or resulting from the repairs or modifications. SELLER
GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE QUALITY,
MERCHANTABILITY, WORKMANSHIP OR ANY OTHER MATTER WITH RESPECT TO ANY
SUCH REPAIRS OR MODIFICATIONS.
SEVERABILITY. If any provision of the
invoice or these Terms and Conditions is determined illegal or
unenforceable, it shall not affect the enforceability of any other
provision or paragraph of the invoice or these Terms and Conditions.
FEES AND COSTS. In the event any party
institutes legal proceedings to enforce its respective rights arising
out of the invoice and these Terms and Conditions, the prevailing party
shall be entitled to the award of attorneys' fees and court costs, plus
cost of executing, enforcing and/or collecting any judgment at all trial
and appellate levels.