Terms of the limited warranty, purchase and refund
1. Exclusive Terms
All orders, whether through the website or otherwise, shall be governed by the following terms and conditions. These terms and conditions shall constitute the complete Agreement between the purchaser of the goods (herein called 'Buyer') and Entervending LLC. (herein called 'Seller') and shall supersede all prior and contemporaneous oral and written statements of any kind whatsoever made by the parties and their representatives.
Seller's acceptance of any order is expressly conditioned upon Buyer's assent to the terms and conditions contained in this Agreement. Any added, varied, or conflicting terms in Buyer's Purchase Order, or elsewhere in any correspondence from Buyer, are hereby objected to and shall not bind Seller.
Seller has the right to change, without notice, any prices and/or specifications contained in its website or any other writing that does not expressly prohibit such change. Buyer agrees to pay for all samples priced in excess of $10 on the date of shipment.
Any applicable federal, state, local or other government taxes or charges on the sale or shipment of the goods covered by this Agreement shall be added to the price and paid by Buyer. Buyer agrees to hold Seller harmless from all such taxes, including interest and penalties thereon, and any costs and expenses in connection thereupon.
5. Shipment, Freight and Delivery
Except as otherwise provided, all prices are F.O.B. Seller's warehouse, Fort Lauderdale Florida.
Except as otherwise provided, payment terms are Payment in full before shipment. Buyer's cancellation of orders for any items referred to in the Seller’s current website is subject to a service charge to cover the costs of initial processing and/or production of the order. Orders for items that are not referred to in the Seller’s current catalog are not subject to cancellation by Buyer.
7. Buyer's Agreement to Defend
Buyer agrees to defend, protect, and save Seller harmless against all suits at law or in equity and from all costs of suit, reasonable legal fees, expenses, damages, claims, and demands arising out of or awarded in connection with any goods: sold or supplied to Buyer by Seller that are not maintained and operated in accordance with Seller’s recommended procedures.
8. Notice of Accident or Malfunction
Buyer shall notify Seller promptly and in any event within thirty (30) days of any accident or alleged malfunction involving goods manufactured or sold by Seller. Buyer agrees to protect, defend, and save Seller harmless (as provided in paragraph 8), in the event that Buyer fails to give such notice to Seller and to so cooperate. Buyer agrees to provide reasonable support and cooperation to the Seller in the investigation of any accident or alleged malfunction of involving goods manufactured or sold by Seller.
Except as otherwise provided, Seller warrants for a period of one (1) year from the date of shipment that the Gumballs Machines supplied to Buyer shall be of good materials and workmanship. Seller further warrants for a period of one (1) year that the Gumball Machines purchased by Buyer, when properly installed, used, and maintained, will be free from defects in workmanship and materials and will conform to the Website or to any other specifications supplied by Seller. Seller warranties that Gumballs, Candy and toys will be in good codition when received by Buyer and in accordance with Product descriptions provided by Seller.
10. THE FOREGOING WARRANTIES ARE EXCLUSIVE, AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING OUT OF COURSE OF DEALING OR CUSTOM OR TRADE. SELLER DOES NOT ASSUME, NOR AUTHORIZE ANY REPRESENTATIVE OR OTHER PERSON TO ASSUME FOR IT, ANY OBLIGATION OR LIABILITY OTHER THAN AS EXPRESSLY SET FORTH HEREIN.
11. Limitation of Remedies.
Seller's obligations under the above warranties (contained in Section (9) are conditioned upon Seller actually receiving notice from Buyer of the alleged defect within one (1) year from date of shipment (for Gumball Machines ) or within 7 days for Gumballs, Candy, Bouncing Balls or Toys and the allegedly defective goods revealing an actual defect upon examination by Seller. Seller shall not be liable for any labor or other expenses incurred by Buyer in the removal, repair, or replacement of the goods or any component part claimed to be defective, nor shall Seller be liable for any expenses incurred by the Buyer in order to remedy any defect. Seller shall not be liable for any consequential, special, or contingent damages or expenses, arising directly or indirectly from any defect in the goods, or from Buyers use or inability to use such goods. The discharge of Seller's warranty obligation hereunder shall constitute fulfillment of all liabilities of Seller to Buyer, whether based on contract, negligence, or otherwise. The remedies set forth herein shall be the exclusive remedies available to the Buyer and in lieu of all other remedies, and the liability of Seller, whether in contract, in tort, warranty or otherwise, shall not exceed the price of the goods sold, supplied, or furnished by Seller. Any suit or action arising out of or relating to this Agreement or the breach thereof must be commenced within one (1) year after the cause of action has accrued. The foregoing shall not limit the time within which any suit or action must be brought to collect an amount agreed to be paid by Buyer or to enforce a judgment or to collect any amount awarded to Seller. The sole purpose of the stipulated exclusive remedy shall be to provide Buyer with a credit or replacement for, or repair of, defective parts in the manner provided herein. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Seller is willing to credit Buyers account, repair, or replace the defective part(s) in the manner prescribed herein.
Buyer must make claim for credit due to shortage within ten (7) days of the date of the shipment. Any shortage claim not made within this period is conclusively deemed waived by Buyer.
Buyer must receive a Returned Materials Authorization (RMA) prior to returning goods. Buyer must request an RMA within thirty (30) days of the date of the shipment in order to be considered. Seller will not issue an RMA for special order, non-stock, obsolete or made-to-measure goods. All goods returned to Seller must be in the original packaging and in resalable condition and must pass inspection before any credit is issued by Seller.
14. Handling Charges for Returns
Buyer is subject to a handling charge of no less than twenty dollars ($20.00) and no more than twenty percent (20%) of the sales price of the returned goods. Defective goods, as verified by inspection, are not subject to a handling charge.
Seller is not liable for any damages to goods sustained during shipment. Buyer is responsible for filing any damage claims with freight carriers and is subject to the rules of the freight carriers regarding the timing and processing of claims. IN NO EVENT WILL SELLER BE LIABLE TO BUYER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES, ARISING FROM ANY SOURCE, REGARDLESS OF THE NATURE OF THE CLAIM, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
16. Defaults or Delays
Seller shall not be liable for any default or delay in the production or delivery of all or any goods resulting either directly or indirectly from (a) accidents to, breakdowns, or mechanical failure of Seller's plant, machinery, or equipment; strikes or other labor troubles; labor shortages; fire; flood; wars; acts of the public enemy, acts of God; delays of suppliers; delays in transportation or lack of transportation facilities; embargos; shortages of, or reductions in energy sources; priorities, allocations, limitations, restrictions, or other acts required or requested by Federal, state, or local governments, or any subdivision, bureau or agency thereof; or (b) any cause beyond the control of Seller.
17. Governing Law
Both Buyer and Seller execute all orders with reference to the laws of the State of Florida and the rights of all parties and the construction and effort of every provision of this Agreement shall be subject to and construed according to the laws of the State of Florida, without giving effect to any conflicts of laws principles that would obtain a different result.
18. Binding Effect
The provisions of any order shall bind and inure to the benefits of Seller and Buyer and their respective successors and permitted assigns. However, neither this Agreement, nor any part thereof or right thereunder, may be assigned by Buyer without the prior written consent of Seller.
The right of either party to require strict performance by the other party of any or all terms and conditions of this Agreement shall in no way be affected or impaired by prior waiver, forbearance, or course of dealing.
Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Agreement should be prohibited or invalid under appropriate law, that provision will be deemed deleted and the remaining provisions of the Agreement will remain in full force and effect. The subject headings of the sections of this Agreement are included for the purpose of convenience only and will not affect construction or interpretation of any of its provisions.