Terms of Sale - for Cleveland Race Week on-line merchandise sales
The items described in this document are hereby offered for sale at prices established by Cleveland Race Week. This offer and its acceptance by any customer ("Buyer") shall be governed by all of the following Terms and Conditions. Buyer's order for any item, excluding Cleveland Race Week competitor's registration, described in this document, when communicated to Cleveland Race Week shall constitute acceptance of this offer.
Terms and Conditions of Sale: All descriptions, offers, acceptances and sales of Seller's products are subject to and shall be governed exclusively by the terms and conditions stated herein. Buyer's acceptance of any offer to sell is limited to these terms and conditions. Any terms or conditions in addition to, or inconsistent with those stated herein, proposed by Buyer in any acceptance of any offer by Seller, are hereby objected to. No such additional, different or inconsistent terms and conditions shall become part of the contract between Buyer and Seller unless expressly accepted in writing by Seller. Seller's acceptance of any offer to purchase by Buyer is expressly conditional upon Buyer's assent to all the terms and conditions stated herein, including any terms in addition to, or inconsistent with those contained in Buyer's offer. Acceptance of Seller's products shall in all events constitute such assent. These terms and conditions may be changed at any time without prior or subsequent notification.
Payment: Payment shall be made by credit card or club charge only.
Delivery: Unless otherwise provided on the face hereof, delivery shall be made FOB Edgewater Yacht Club, Cleveland Ohio. Regardless of the method of delivery, however, risk of loss shall pass to Buyer upon Seller's delivery to the Buyer or to a carrier of the Buyers choice. Any delivery dates are approximate only and Seller shall have no liability for any delays in delivery. Unless otherwise specified, the products herein, will be available for pick-up during normal business hours during Cleveland Race Week.
Warranty: Seller warrants that the clothing products sold hereunder shall be free from defects in material workmanship. This limited warranty gives you specific legal rights. You may have others which vary from state to state. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. This Limited Warranty is void if failure has resulted from accident, abuse, or misapplication. THIS WARRANTY COMPRISES THE SOLE AND ENTIRE WARRANTY PERTAINING TO ITEMS PROVIDED HEREUNDER. SELLER MAKES NO OTHER WARRANTY,GUARANTEE, OR REPRESENTATION OF ANY KIND WHATSOEVER. ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR PURPOSE, WHETHER EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE USAGE, OR COURSE OF DEALING ARE HEREBY DISCLAIMED. NOTWITHSTANDING THE FOREGOING, THERE ARE NO WARRANTIES WHATSOEVER ON ITEMS BUILT. MODIFIED OR ACQUIRED WHOLLY OR PARTIALLY, TO BUYER'S DESIGNS OR SPECIFICATIONS.
Limitation of Remedy: SELLER'S LIABILITY ARISING FROM OR IN ANY WAY CONNECTED WITH THE ITEMS SOLD OR THIS CONTRACT SHALL BE LIMITED EXCLUSIVELY, AT SELLER'S SOLE OPTION, TO REPLACEMENT OF THE ITEMS SOLD OR REFUND OF THE PURCHASE PRICE PAID BY BUYER. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER.
Return Policy: Any product being returned because it has been determined to be defective will be either replaced or refunded at the Sellers option. In the event that the incorrect product was ordered, the buyer must contact Cleveland Race Week within ten (10) days of the date the product was purchased. The product must be returned in its original condition and packaging. Box Lunches and Wristbands (wrist bands) are sold only as "Non-Refundable - No Exchange" and, as such, are expressly excluded from the returns policy herein.
Refund Policy: Refunds for the purchase price shall be issued at the sole option of the Seller and shall be tendered in the method as used for the original purchase. However, "cash" may, at the option of the Seller, be substituted with a check.
Taxes: Unless otherwise indicated on the face hereof, all prices are exclusive of sales, use, or like taxes which may be imposed by any taxing authority upon the sale or delivery of the items sold hereunder. If any such taxes must be paid by Seller or if Seller is liable for the collection of such tax, the amount thereof shall be in addition to the amounts for the items sold. Buyer agrees to pay all such taxes or to reimburse Seller therefore upon receipt of its invoice. If Buyer claims exemption from any sales, use or other tax imposed by any taxing authority, Buyer shall provide prior to delivery a properly executed and valid tax exemption certificate and save Seller harmless from and against any such tax, together with any interest or penalties thereon which may be assessed if the items are held to be taxable.
Force Majeure: Seller does not assume the risk of and shall not be liable for delay or failure to perform any of Seller's obligations by reason of circumstances beyond the reasonable control of Seller (hereinafter "Events of Force Majeure"). Events of Force Majeure shall include without limitation, accidents, acts of God, strikes or labor disputes, acts, laws, rules or regulations of any government or government agency, fires, floods, delays or failures in delivery of carriers or suppliers, shortages of materials and any other cause beyond Seller's control.
Entire Agreement/GoverningLaw: The terms and conditions set forth herein, together with any amendments, modifications and any different terms or conditions expressly accepted by Seller in writing, shall constitute the entire Agreement concerning the items sold, and there are no oral or other representations or agreements which pertain thereto. This Agreement shall be governed in all respects by the law of the State of Ohio. No actions arising out of the sale of the items sold hereunder or this Agreement may be brought by either party more than thirty (30) days after the cause of action accrues.
Questions regarding this policy should be directed to: Cleveland Race Week - Merchandise Sales Edgewater Yacht Club 6700 Cleveland Memorial Shoreway Cleveland, OH 44102 (216) 281-6470 E-Mail: mdodge@parker.com