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KNEE BLADES LLC
TERMS AND CONDITIONS OF SALE
1. ACCEPTANCE. No order placed with SELLER shall be considered as accepted until officially acknowledged by SELLER. Except as otherwise agreed to in writing by SELLER and BUYER, the following sets forth all of the terms of the purchase and sale of goods between SELLER and BUYER and supersedes all prior agreements, offers, representations and negotiations between them to the extent that they conflict with or are in addition to the terms contained herein, this being intended as a final expression and complete and exclusive statement of the terms of the agreement. If SELLER’S acknowledgement contains terms additional to or different from BUYER’S order, it shall be effective as an acceptance of such order only if such terms are included in the agreement and they shall be so included if not objected to in writing within ten (10) days from the date of SELLER’S acknowledgement.
2. WARRANTY; SOLE AND EXCLUSIVE REMEDY. 30-day Money Back Guarantee. If you are the original buyer and you are not completely satisfied with your Knee BladesTM product, you may return it within thirty (30) days of the date shown on the packing slip with proof of purchase for a full refund of the purchase price (shipping, handling or other charges are not refundable) to Knee Blades LLC (the “Company”) at 932 High Street, Lancaster, PA 17603. The product must be returned in good condition, in original packaging and with all paperwork, parts and accessories to ensure full credit. The Company reserves the right to deny a refund request if it appears that the returned product has been used beyond minimal trial use or if the product is damaged or altered in any way.
Knee BladesTM Limited Warranty. Knee BladesTM products are warranted to the original buyer for a period of ninety (90) days after shipment to be free of defects in material and workmanship. This Warranty shall not apply to normal wear and tear on the padding or products that have been misused (including by not following Company-provided instructions or using the products outside of stated application specifications), abused, damaged by accident or otherwise, or repaired or modified by anyone other than the Company or a Company-authorized repair shop. In the event of a warranty claim, the original buyer must send the affected product, together with proof of purchase, at buyer’s cost, for evaluation to:
Knee Blades LLC
932 High Street
Lancaster, PA 17603
Defective products that the Company determines are covered by this Warranty will, at the Company’s discretion, be repaired or replaced at no cost to the buyer. If, for any reason determined by the Company, the product cannot reasonably be repaired or replaced, the Company will refund the purchase price as shown on buyer’s receipt (or other proof of purchase showing purchase price) provided by buyer.
This Warranty is the sole warranty applicable to the products. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE, OR OTHER LIABILITY OF SELLER, ARE HEREBY EXCLUDED AND DISCLAIMED.
Repair, replacement or refund (in the Company’s sole discretion) shall be the sole remedy available to buyer in the event of (i) a breach of warranty, (ii) non-conformity of the product or tender thereof, and/or (iii) other breach of any obligation or duty owed by the Company hereunder or under applicable law. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM ANY OF THE FOREGOING, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
For further information on Knee BladesTM products, please contact us at:
Knee Blades LLC
(866) 88-KNEES
3. DELIVERY; FORCE MAJEURE. Title to the goods shall remain with SELLER until all payments under the agreement shall have been made in full. Delivery terms are F.O.B. destination. Shipping damage must be reported by Buyer to Seller within ten (10) days of receipt in accordance with the warranty procedure outlined above. All delivery dates are approximate. In addition to any excuse provided by applicable law, SELLER shall be excused from liability for any delay or failure by SELLER to perform any contract in accordance with its terms from any event beyond SELLER’S control, whether or not foreseeable, including but not limited to, labor disturbance or differences with workers, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, inability of SELLER to obtain raw materials and other causes or events beyond SELLER’S control, whether or not similar to those enumerated above. Any of the foregoing conditions resulting in delay or failure to perform any contract shall excuse such delay or failure whether the condition exists now or arises hereafter. In case of such delay or failure to perform for any of the above causes, either party may cancel the contract upon notice in writing to the other.
4. PRICE. Notwithstanding contrary provisions in BUYER’s order or other correspondence, the prices for the goods covered by this agreement are SELLER’s published prices in effect on the date of shipment except to the extent otherwise expressly provided in writing by SELLER. On all orders where delivery dates or a delivery schedule are not specifically set forth, delivery shall be subject to SELLER’S ability to produce and deliver the items called for in the normal course of business.
5. PAYMENT. (a) BUYER must pay in full for all goods ordered prior to shipment by SELLER. SELLER shall be under no obligation to make any shipment when BUYER is in default hereunder or under any other sales agreement between SELLER and BUYER. (b) BUYER agrees to pay SELLER the amount which SELLER is required to pay on account of any excise, manufacturer’s payroll, use or sales taxes or charges which may be established or levied by any governmental authority (domestic or foreign) upon the merchandise sold hereunder or any part thereof, or the manufacture, use, sale or delivery thereof, or upon the materials entering into the manufacture thereof, as the same may be applicable to the merchandise sold hereunder or the manufacture, use, sale or delivery thereof.
6. LIMITATION OF LIABILITY. The aggregate cumulative total liability for which SELLER is obligated to pay BUYER hereunder, whether for breach of warranty or contract, indemnifications herein, tort (including negligence), or otherwise, shall not exceed the payments made to SELLER in connection with those goods purchased under this agreement which gave rise to such liability. In no event shall SELLER have any liability for any indirect, special, consequential, incidental or punitive damages arising out of or in connection with this agreement, even if SELLER has been advised of the possibility of such damages.
7. INDEMNITY. BUYER indemnifies SELLER against all damages, including attorney fees, incurred by SELLER and arising from claims by BUYER, its customers or third parties that are based on product defect claims not proven by BUYER to have been caused solely by SELLER’s negligence.
8. CANCELLATION. No order may be cancelled or altered without the express written consent of SELLER. In the event of such an approved cancellation, SELLER shall be entitled to payment of the entire contract price, less any expenses saved by SELLER as a result of the cancellation.
9. GOVERNING LAW. Each party to this agreement specifically waives the application of the law of any jurisdiction other than Pennsylvania. This agreement shall be governed by the laws of the Commonwealth of Pennsylvania and shall be interpreted in accordance with, and the rights and duties of the parties shall be governed by, the laws of the Commonwealth of Pennsylvania (conflict of laws rules excluded). The parties specifically waive any application of the United Nations Convention on the International Sale of Goods, if applicable. Except with respect to any claim by SELLER against BUYER for unpaid amounts for goods sold to BUYER, the parties agree that any claim or controversy arising out of or relating to the sale of goods by SELLER to BUYER, whether sounding in contract, tort or otherwise, shall be asserted in a manner and forum set forth herein within one (1) year of the occurrence of the event giving rise to the alleged claim or controversy.
10. INTEGRATION. This agreement sets forth the entire understanding of the parties and supersedes all other representations, communications and understanding between the parties.
PRIVACY POLICY
Knee Blades LLC is highly sensitive to the privacy interests of its Customers and believes that the protection of those interests is one of its most significant responsibilities. In acknowledgment of its obligations, Knee Blades LLC has adopted the following Privacy Policy applicable to information about its Customers that it acquires in the course of its business:
1. Acquisition of Information. We do not acquire any more information about Customers than is required by law or is otherwise necessary to provide a high level of service efficiently and securely.
2. Our Employees and Privacy. We train all of our employees about the importance of privacy. We give access to information about Customers only to those employees who require it to perform their jobs.
3. Security Measures. We make access to privacy-sensitive information subject to protective procedural and technological controls, consistent with legal requirements and the demands of customer service.
4. Disclosure to Third Parties. We will provide individually-identifiable information about Customers to third parties only if we are compelled to do so by order of a duly-empowered court or governmental authority, we have the express permission of the Customer, or it is necessary to process transactions and provide our services.
5. Privacy and Our Business Partners. When we make our technology or services available to business partners, we will not share with them any more Customer information than is necessary and we will make every reasonable effort to assure, by contract or otherwise, that they use our technology and services in a manner that is consistent with this Privacy Policy.
Questions: If you have questions about this privacy policy, please send an e-mail to info@kneeblades.com
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