ACCEPTANCE BY GAME OVER MERCH LLC (THE “COMPANY”) OF ANY OFFER TO PURCHASE THE GOODS REFERENCED HEREIN (THE “GOODS”) IS EXPRESSLY MADE CONDITIONAL ON ASSENT BY YOU TO ANY TERMS HEREIN WHICH ARE ADDITIONAL TO OR DIFFERENT FROM THOSE CONTAINED IN YOUR OFFER. ACCEPTANCE OF THE GOODS BY YOU CONCLUSIVELY CONSTITUTES YOUR ASSENT TO SUCH TERMS.
By paying or signing an invoice you agree to the following terms and conditions.
By purchasing any item from the Company in any way you agree to the following terms and conditions.
CANCELLATION: Goods or portion of the Goods may be cancelled by you only with advanced written approval by an authorized representative of the Company. If you fail to make the required payments to the Company in accordance with the terms hereof and on the invoice, the Company may cancel any unperformed portion of the Contract by written notice to you. In the event of any cancellation of any portion of this Contract by either party, you shall pay the Company reasonable costs and expenses (including without limitation cancellation charges, material and supply costs and all commitments to the Company’s suppliers and subcontractors; incurred by the Company prior to the Company’s approval of such cancellation plus the Company’s usual rate of profit for similar work.
RETURNS: The Company will not accept return of the Goods, or any portion thereof unless authorized in writing in advance. Any such authorization to return the Goods will not signify acceptance of the Goods or of your claim, but authorization will signify authority to physically return the Goods so that they may be inspected and so that proper disposition of your claim may be made after inspection. The Company reserves the right to return the Goods to you after such inspection, with no credit to you and with you to bear all shipment charges. Any authorization to return the Goods to the Company implies the use of prepaid freight by you. The maximum time lag between the receipt of the Goods and the request for authority to return the Goods for defects by you must be no longer than 3 days.
PATENTS, COPYRIGHTS AND TRADEMARKS: The Company will assume that you have obtained authorization for the use of any registered trademarks or copyrighted designs or logos requested by you. With respect to the Goods, work materials or any other items which you furnish to the Company for the design or specifications, you agree to indemnify the Company and hold it harmless from all legal expenses (including attorney fees) which may be incurred by, and all damages and costs which may be assessed against, the Company in any action or unfair competition or infringement of any United States Letters Patent, any copyrighted work, and any trade or service mark or name.
LIMITED WARRANTY: THE GOODS ARE WARRANTED BY THE COMPANY TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR 3 DAYS FROM THE DATE OF RECEIPT. IF ANY OF THE GOODS ARE FOUND BY YOU AND THE COMPANY TO BE DEFECTIVE, THE COMPANY’S SOLE OBLIGATION UNDER THIS LIMITED WARRANTY SHALL BE TO REPAIR OR REPLACE SUCH GOODS AT ITS DISCRETION. THE COMPANY’S LIMITED WARRANTY DOES NOT COVER, AND THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO, ANY DEFECT, FAILURE, DEFICIENCY OR ERROR WHICH IS:
A. NOT REPORTED TO THE COMPANY WITHIN THE APPLICABLE WARRANTY PERIOD; OR
B. DUE TO MODIFICATION, ABUSE, MISUSE, IMPROPER STORAGE, UNAUTHORIZED REPAIR, IMPROPER MAINTENANCE OR CLEANING, ABNORMAL CONDITIONS OF TEMPERATURE, HUMIDITY, DIRT OR CORROSIVE MATTER; OR
C. DUE TO INCORRECTLY APPROVING A DIGITAL MOCKUP IN REGARDS TO ARTWORK AND PRINT SPECIFICATIONS.
LIMITATION OF REMEDY: THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT OR THE GOODS INCLUDING BUT NOT LIMITED TO (A) DAMAGES FOR LOSS OF USE, INCOME OR PROFIT, (B) LOSSES SUSTAINED AS A RESULT OF INJURY INCLUDING DEATH TO ANY PERSON AND (C) DAMAGES TO PROPERTY, OTHER THAN THE GOOD THEMSELVES. LIMITATION OF LIABILITY: THE COMPANY’S LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY FOR ITS GOODS SHALL BE LIMITED TO, AT THE COMPANY’S OPTION, REPAIRING OR REPLACING GOODS FOUND BY THE COMPANY TO BE DEFECTIVE. THE COMPANY SHALL HAVE NO LIABILITY FOR DAMAGES WHICH MAY RESULT FROM USE OR MISUSE BY YOU, YOUR EMPLOYEES, YOUR CUSTOMERS, OR BY OTHERS. YOU SHALL INDEMNIFY THE COMPANY AGAINST ALL LIABILITY, COSTS OR EXPENSE WHICH MAY BE SUSTAINED BY THE COMPANY AS A RESULT OF ANY LOSS, DAMAGE OR INJURY.