Just the legal stuff…
TERMS – The terms set forth here and/or on our invoice may not be changed in any manner other than in writing signed by an authorized representative of KASCAR®, LLC. To the extent that this invoice constitutes an acceptance by KASCAR®, LLC of an offer by buyer, the acceptance is expressly conditioned on buyer’s acceptance to the terms and conditions herein, which is additional to, or different from those presented by the buyer. To the extent that any portion of our invoice may constitute an offer, acceptance is expressly limited to the terms of such offer.
PRICE – The purchase price for the merchandise covered by our invoice is set forth therein. Except as otherwise expressly provided on the front of our invoice, the purchase price is payable in full upon presentation of the invoice to buyer or delivery of merchandise to buyer’s carrier, whichever occurs first. In the event the express terms on the front of our invoice provide that less than the full purchase price shall be payable on delivery of our invoice, the balance thereof shall be paid as provided on the front of our invoice (or seven (7) days prior to delivery of merchandise to the buyer if there are no such express provisions) and shall be adjusted for any change in the foreign exchange rate occurring between the date of our invoice and the date on which payment is made. Prices are subject to change without notice. Kascar reserves the right to substitute parts of the same or similar quality.
DELIVERY – The delivery and shipping dates set forth on the front of our invoice constitute KASCAR®, LLC’s good faith estimates and KASCAR®, LLC shall not be liable or responsible for failure to meet any specific delivery or shipping dates. KASCAR®, LLC shall, consistent with any sound business practice; select a method of shipping and packing unless otherwise instructed by buyer. Any special shipping or packing requested by buyer will be at the buyer’s sole expense. Except as expressly provided in the invoice, all pricing, shipping and delivery terms are F.O.B. point of shipment.
RISK OF LOSS – Buyer shall assume all risk of loss and pay all costs of insurance for the merchandise sold upon KASCAR®, LLC’s delivery thereof to carrier for delivery, or buyer’s taking possession of the merchandise, whichever is first to occur.
FREIGHT CLAIMS – KASCAR® accepts no responsibility or liability for damaged shipments and makes no guarantee of the condition of shipments accepted and delivered by any third party carrier. Damaged freight claims must be reported to KASCAR®, within 24 hours of receipt of shipment or the next business day. Damaged freight claims are subject to the claim procedures of the individual carrier. It is the responsibility of the customer to retain all damaged shipping documents, containers and packaging materials until otherwise notified by the carrier and/or KASCAR®.
TAXES – Buyer shall pay any and all taxes, tariffs and assessments, which may be levied upon or assessed against the merchandise including without limitation all federal, state, county or municipal sales, use, or other tax applicable to this transaction. Any such tax shall be payable by the buyer, in cash, with the purchase prices as provided in paragraph 2 above.
WARRANTY AND DISCLAIMER –
- (a.) KASCAR®, LLC warrants to the Buyer that the merchandise covered by our invoice will, at the time of delivery, be the merchandise described on the front thereof. The foregoing is the sole warranty, expressed or implied, given by KASCAR®, LLC.
- (b.) BUYER ACKNOWLEDGES THAT IF THE MERCHANDISE BEING SOLD IS USED OR UNUSED, SURPLUS, SCRAP OR DEFECTIVE MATERIAL OR VEHICLES AND/OR RELATED EQUIPMENT, MILITARY OR OTHERWISE, THE SALE IS AS-IS WITH ALL FAULTS. SUCH MERCHANDISE HAS NOT BEEN MANUFACTURED OR PRODUCED, NOR MAY IT EVER HAVE BEEN SEEN OR INSPECTED BY KASCAR®, LLC. KASCAR®, LLC IS NOT AND CANNOT REPRESENT OR WARRANT AS TO THE QUALITY, COMPLETENESS, ORIGINALITY, SERVICEABILITY, ROAD WORTHINESS OR PERFORMANCE OF SUCH MERCHANDISE. BUYER ASSUMES THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE.
- (c.) KASCAR®, LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH THE RESPECT TO THE MERCHANDISE COVERED BY THIS INVOICE, AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
RETURNS – No returns will be accepted more 90 days after delivery. All returns must receive prior written authorization and a RMA number prior to shipping. Returns must be packaged to shipping standards, with appropriate insurance and prepaid freight. The RMA number must appear on the outside of the carton, and documents must state: “not subject to duty, returned product.” All returns are subject to a 25% restocking fee. Replacements will be shipped prepaid via an equal method.
LIMITATION OF REMEDY – Buyer’s sole and exclusive remedy for any matter or claim arising under or relating to our invoice, merchandise covered hereby and any transaction involving or relating to such merchandise, whether in contract, tort (including negligence), or otherwise, shall be general money damages not in excess of the lesser of the actual direct damage to the buyer or the purchase price for the merchandise to which the claim relates. IN NO EVENT WILL KASCAR®, LLC BE LIABLE FOR LOSS OF PROFIT, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF KASCAR®, LLC WAS ADVISED OR AWARE OF THE POSSIBILITIES OF SUCH DAMAGES.
FORCE MAJEURE – KASCAR®, LLC shall not be liable or responsible in any manner for delays in performance for causes beyond KASCAR®, LLC’s reasonable control. In the event of a delay for force majeure, all delivery and other deadlines shall be deemed extended for the period of the delay.
COMPLIANCE WITH LAWS – The merchandise sold here under is intended for collector and recreational purposes only and is not being sold or purchased by the buyer for use as, or in connection with a “destructive device” or “firearm” as such terms are defined under 27 CFR parts 47, 178 and 179, or under any other Federal, State or Local law. Except for federal importation laws, buyer shall be solely responsible for compliance with all applicable export regulations, federal, state and local health, safety, motor vehicle and any other laws, statutes, ordinances, standards, codes, specifications and regulations (collectively “Laws”) governing the merchandise purchased hereunder.
INDEMNIFICATION – Buyer shall indemnify, defend, and hold harmless KASCAR®, LLC and its successors and assigns and their respective shareholders, officers, directors, employees and agents from and against any costs, losses, damages or liabilities including reasonable attorney’s fees, suffered by KASCAR®, LLC arising from or related to the merchandise sold hereunder, buyer’s failure to comply with any applicable Laws, directly or indirectly, and buyer’s or any other person’s, use or operation of such merchandise. Buyer acknowledges this Paragraph 9 shall survive the purchase of the merchandise sold hereunder and payment to KASCAR®, LLC.
APPLICABLE LAW – The substantive laws of the State of South Carolina applicable to contracts made and to be performed in South Carolina shall govern the validity, construction, interpretation and effect of the terms and provisions of this invoice and the transaction for the merchandise described on the front hereof.
MERCHANDISE AVAILABILITY – All sales are subject to availability of vehicles and/or merchandise. Kascar reserves the right to substitute parts of the same or similar quality.