AGREEMENT TO PURCHASE FROM XMODIFICATIONS4U, LLC
This Agreement between XModifications4U, LLC, an Ohio limited liability company, ("Company") and you, as named on the purchase order, (“Customer”). Company and Customer are collectively referred to as “Parties.”
In consideration of the covenants and conditions contained in this Agreement, the Parties agree as follows:
Section 1. Sale and Delivery
Company will sell the goods referenced in the purchase order which is hereby incorporated. If any terms between the purchase order and the Agreement conflict, the terms of this Agreement will apply.
Section 2. Acceptance; Purchase Customer will pay the purchase order prior to shipment of the goods. Customer warrants that he or she is at least 18 years of age. The provision of said services is conditioned upon the requirement that any trademarks or trade dress will be either removed or effectively obscured or concealed to the extent necessary to provide permanent notice adequate to prevent utilization of any such bats in any competition in which such modification of bats renders the bat ineligible for use. Customer agrees to not remove any such item or material obstructing trademark.
Section 3. Identification of Goods
Identification of the goods will not be deemed to have been made until Company determines the goods in question are available and accurately priced. If there is a system defect in the pricing presentation, Company can reject the offer to purchase from Customer. Company may substitute similar goods if the requested goods are unavailable. *When any text on web page reads "Add Rolling" or "Rolled bats" the bat(s) will be serviced with the "Ultimate Break" in process.
Section 4. Rate and Time of Payment
Customer will make payment for the goods prior to shipment. In the event Customer’s payment is reversed, rejected, or not made but shipment does occur, Customer must immediately make payment in full.
Section 5. Receipt of Goods
The goods will be deemed received by Customer when received. The risk of loss for any casualty to the goods, regardless of the cause, will be upon Customer when the goods are placed in transit by Company. Customer is encouraged to seek adequate insurance for the transfer of goods from Company to Customer.
Section 6. Dispute Related to Use of Goods
In the event of a dispute, Customer’s sole remedy will be recovery of consideration paid pursuant to this Agreement. Customer hereby waives any right to recover compensatory, consequential, special, statutory, or punitive damages. Customer represents and warrants that he or she will not use the goods for any illegal or improper purpose. Company specifically relies upon Customer’s representation regarding his or her use of the goods. Accordingly, Customer will indemnify, defend and hold Company, its members, managers, agents, employees and assigns harmless from all claims, demands, or liability arising out of or encountered in connection with Customer or any third party’s use of the goods. This indemnity will extend to claims, demands, or liability for injuries occurring out of or in connection with the use of the goods regardless of whether the goods were used in a legal or illegal manner. This indemnity includes any judgment, settlement, attorneys’ fees, court costs, litigation expenses, or other costs associated with a dispute. Company may hire its own counsel in defense of this dispute. If Company brings any formal or informal legal action against Customer, it may recover attorneys’ fees and costs for bringing such action to enforce indemnification.
Section 7. No Encumbrances
The goods will be supplied by Company or a third party manufacturer. Company has no knowledge of encumbrances on the goods.
Section 8. No Implied Warranty or Warranty of Fitness for a Particular Purpose
THE GOODS WILL BE SUPPLIED BY COMPANY OR A THIRD PARTY ASSIGNED TO COMPANY’S RIGHTS. THERE IS NO EXPRESS WARRANTY, IMPLIED WARRANTY, OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY NOT EXPRESSLY PROVIDED. A THIRD PARTY MANUFACTURER HAS CREATED THESE GOODS AND CUSTOMER’S SOLE REMEDY FOR DAMAGE CAUSED BY THE GOODS IS WITH THE MANUFACTURER. COMPANY HAS NOT PROVIDED MEDICAL ADVICE AND IS NOT MEDICALLY LICENSED. NO INFORMATION ON COMPANY’S WEBSITE OR IN ITS GUIDES SHOULD BE INTERPRETED AS MEDICAL ADVICE OR AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE; THE INFORMATION PROVIDED WAS NOT WRITTEN BY A MEDICAL ORGANIZATION OR A PHYSICIAN. COMPANY STRONGLY SUGGESTS CONSULTING YOUR DOCTOR BEFORE MAKING ANY CHANGES TO YOUR LIFESTYLE OR BEGINNING ANY DIETS. ALL GOODS PURCHASED FROM COMPANY SHOULD ONLY BE TAKEN AFTER APPROVAL FROM YOUR PHYSICIAN. COMPANY IS NOT PRESCRIBING AND HAS NOT PRESCRIBED MEDICAL TREATMENT.
CUSTOMER AGREES, AFTER SERVICES ARE PROVIDED, TO NOT USE GOODS OUTSIDE OF A BATTING CAGE OR OTHERWISE CONTAINED FACILITY/LOCATION. A CONTAINED FACILITY/LOCATION IS ONE IN WHICH NEITHER PERSON(S) NOR PROPERTY COULD BE STRUCK WITH THE BAT, BALLS COMING FROM THE BAT, OR ANY PORTION/PIECE OF THE BAT. CUSTOMER AGREES NOT TOPERMIT ANY OTHER PERSON TO USE THE GOODS. CUSTOMER AGREES NOT TO REMOVE ANY LABELS AFFIXED TO THE GOODS.
Section 9. Return
All goods are sold “as is” and no returns are accepted. Restock fee (2.9% + $0.30) will apply if customer purchases without checking for stock when stated to do so on purchase page.
Section 10. Governing Law
The parties acknowledge the transaction which is the subject matter of this Agreement bears a reasonable relation to the State of Ohio and agree that the laws of the State of Ohio will govern their rights and duties of the parties. Both parties hereby irrevocably submit to jurisdiction in the State of Ohio and venue in Hamilton County.
Section 11. Integrated Agreement
The terms of this Agreement are intended by the parties as a final expression of their Agreement with respect to these terms and also as a complete and exclusive statement of the terms. Company may assign its rights and delegate its performance in this Agreement.
Section 12. No Oral Modification
This Agreement can only be modified by a written document, signed by both parties. This provision cannot be waived unless in writing, signed by both parties.
Section 13. Legal Fees
In the event dispute is brought regarding enforcement or any matter related to the terms in this Agreement, the prevailing party shall be entitled to attorneys’ fees.
Section 14. General Disclaimer
The information in this Agreement is not is not intended to represent or warrant the quality of goods purchased. The Company does not manufacture such goods and is merely a reseller. This Agreement is not intended to benefit any third party and thus there is not a third party beneficiary to this Agreement.
Section 15. Survival If any terms or conditions are interpreted as unenforceable the remaining terms of this Agreement will survive and continue in full force and effect.
Acceptance of the Terms
To submit written evidence of your offer to purchase the goods, you can click, mark, or otherwise indicate your agreement through the electronic means provided on the Company’s website. Please print a copy of these terms for your records.