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Terms and Conditions

KASK AMERICA INC. 

GENERAL TERMS and CONDITIONS OF SALE 

 

Last Updated October 2020

 

  1.  General.  These Terms and Conditions are applicable to the person, firm, company or other purchasing entity (hereinafter referred to as “Buyer”) and KASK AMERICA INC. (hereinafter referred to as “KASK” or “Seller”) for items ordered by Buyer from Seller in whatever form or quantity (hereinafter referred to as “Goods”). Any other document(s) containing terms and/or conditions that are in addition to or inconsistent with the following Terms and Conditions listed herein, including but not limited to penalties or liquidated damages for Seller’s failure to meet shipment dates or any other reason, shall not be binding upon Seller without the express written acceptance of liability by an authorized representative of Seller.  Seller’s failure to object to any additional, inconsistent, or other provisions contained in any other order or form of communication from Buyer shall not be construed as either a waiver or acceptance of such provisions.  Seller reserves the right to correct any clerical or typographical errors at any time.
  2. Acceptance.  These terms and any other written stipulations to which these terms are stated to apply (collectively, the “Agreement”), constitute the entire agreement between KASK and the Buyer.  No modification(s), waiver(s), alteration(s), or additional term(s) shall be valid as against Seller unless said modification(s), waiver(s), alteration(s), or additional term(s) have been acknowledged in writing by Seller’s duly authorized representative. 
  3. Prices.  All prices are in US Dollars.  
  4. Taxes and Other Charges.  In addition to Seller’s invoice price or quote price, Buyer is also responsible for payment of any use-tax, sales tax, excise tax, duty, custom, inspection fee, and/or any other fee, tax, or charge imposed by governmental or non-governmental authority arising from the goods provided by Seller.  
  5. Limited Warranty.  Seller guarantees Goods meet applicable standards only when used as directed under normal operation or service.  This guarantee is effective for twenty-four (24) months from the date of shipment for the original Buyer and is not transferable (the “Warranty Period”).  Buyer shall submit a formal claim using the online form detailing the defects within eight (8) days of the discovery of the alleged defect.  If, and upon the determination of Seller’s inspection, any Goods are deemed to be defective in material or workmanship within the Warranty Period, Seller may, at its option, either repair, replace any defective part(s) of the Goods to Buyer, or refund the purchase price of the defective part(s) or Goods.  Such replacement, however, shall not extend the warranty period provided in this paragraph.  Seller does not warrant replacement items or any parts thereof that are of later- or improved-design or construction. In the event that Buyer has a Third Party make any changes or repairs to the Goods, this warranty is voided and Seller is in no way liable for actions that occur subsequent to such Third-Party action.

    SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO THE DESIGN, SALE, MERCHANTABILITY OR FITNESS OF THE GOODS FOR A PARTICULAR PURPOSE OR USE EXCEPT AS EXPRESSLY SET FORTH HEREIN. SELLER IS NOT SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, TORT CLAIMS INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR ANY OTHER THEORIES OF LAW.  SELLER IS UNDER NO EVENT LIABLE FOR ANY SPECIFIC, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSS, DAMAGES, EXPENSE, INJURY, DISMEMBERMENT, OR DEATH OF ANY KIND WHATSOEVER.This warranty shall be voided in the event of any improper use or storage of the Goods or failure to follow KASK’s instructions for maintenance and care of the Goods, whether intentional or unintentional.
  6. Products, Content and Specifications.  All features, content, specifications, products and prices of products and services described or depicted on KASK’s Website or App are subject to change at any time without notice. All weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Seller makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color Buyer sees will depend on his/her computer system and Seller cannot guarantee that Buyer’s computer will accurately display such colors. The inclusion of any products or services on KASK’s Website or App at a particular time does not imply or warrant that these products or services will be available at any time. It is Buyer’s responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from Buyer. By placing an order, Buyer represents that the Goods ordered will be used only in a lawful manner.
  7. Accuracy of Information.  KASK works hard to ensure that information on its Website is complete, accurate and current. Despite its efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. The Seller makes no representation as to the completeness, accuracy or correctness of any information on its Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, the Seller may make changes in information about price and availability without notice. While it is KASK’s practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. The Seller reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any Buyer. The Seller also may require verification of information prior to the acceptance and/or shipment of any order.  
  8. Delay.  Seller is not responsible for delay(s) in delivery for reasons beyond Seller’s reasonable control, including but not limited to, Force Majeure.  In the event of delay under this paragraph, the delivery schedule shall be extended by amount of time originally lost due to the delay.  
  9. Force Majeure.  “Force Majeure” means any cause not within the reasonable control of the party affected. KASK shall not be liable for any non-compliance or improper performance of these Terms, if such non-performance or improper performance is the result of circumstances beyond the control or will of KASK. Buyer and KASK agree that such circumstances include, but in no way are limited to: threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargo, foreign enemy action military action, declared and unannounced war, public enemy action, riot, acts of terrorism, sabotage, piracy, disorder, invasion, blockade, revolution, rebellion, uprising, mass riots, curfew, expropriation , forcible seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, unlawful acts of third parties, explosion, prolonged interruptions in the work of transport, regulated by the terms of the relevant decisions and acts of state authorities, closure of the sea canals, embargo, ban / imports, etc., and also caused by exceptional weather and natural disasters, such as: epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, snow accumulation, ice, hail, frost, freezing of the sea, straits, ports, passages, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.; decisions of governmental bodies of any kind that interfere with or prevent KASK from fulfilling its obligations under this Agreement, and/or which, in KASK’s sole discretion, cause Buyer significant negative influence for performance of these Terms; or any other situation that significantly affects the ability or inability of KASK to fulfill its obligations under these Terms. For the duration of such circumstances, KASK shall be exempted from the performance of the obligations provided for in these Terms. KASK shall not be liable for any negative consequences and other circumstances set forth in this paragraph, the occurrence of which is beyond the control or will KASK. Such KASK determine, in its sole discretion, that an event or circumstance contemplated by this paragraph has occurred or is likely to occur, KASK shall provide notice to Buyer through its App, its Site, via Email and/or through direct communication.
  10. Payments.  Payments must be made at the time the Buyer places order.  Payments via credit card are processed via a third-party service provider.  KASK reserves the right to select its third-party payment processors.  In no event shall KASK be liable in any way for the actions of such third-party payment processors. At no point during the purchase process shall the Seller have access to Buyer’s credit card information.  Any and all credit card information is provided directly to third-party payment processor via their platform.     
  11. Delivery; Assumption of Risk.  Unless otherwise expressly agreed in writing by the Parties, delivery of Seller’s Goods is deemed to be complete once the products have been delivered to the Shipping Address provided by Buyer via Seller’s carrier or via a common carrier.  Buyer must submit claims for shortages and/or incorrect Goods to Seller in writing within ten (10) business days after receipt of shipment.  
  12. Governing Law and Venue.  This Agreement shall be exclusively governed by the laws of the State of North Carolina giving effect to the conflict of law provisions thereto.  The parties further consent to the exclusive personal jurisdiction of any applicable court in the city of Charlotte, in the county of Mecklenburg, North Carolina for any legal action or proceeding brought to enforce, construe or interpret these Terms and Conditions.  Venue is proper only in the United States District Court of North Carolina.  Each party hereto irrevocably submits to the jurisdiction of each court in each such action or proceeding. 
  13. Assignment.  This Agreement may not be assigned by Buyer without prior written consent of Seller.
  14. Severability.   If a court of competent jurisdiction holds any term or provision of this Agreement to be invalid or unenforceable, such provision or portion thereof shall be considered separate and apart from the remainder of the Agreement and the other provisions shall remain fully valid and enforceable.  
  15. Modification.  The terms of this Agreement may not be amended, modified, waived, superseded, or rescinded except by a writing signed by Seller’s duly authorized representative.
  16. Entire Agreement.  The Agreement, together with these Terms and Conditions and any attachments, manuals, guidelines, requirements, exhibits and supplements specifically referenced therein, constitutes the entire agreement between the Parties and supersedes any and all other prior contracts and undertakings, both written and oral, among the parties or any of them, with respect to the subject matter herein and, except as otherwise expressly provided herein.