Terms & Conditions
TERMS AND CONDITIONS
Terms: These Terms and Conditions of Sale (“Terms”), which are subject to change from time to time at Ultimate Hands Hockey LLC (“Ultimate Hands Hockey”) sole discretion, constitute the agreement between Ultimate Hands Hockey and any party purchasing any products (“Buyer”) from Ultimate Hands Hockey in any capacity, whether as a distributer or a non-distributor. By placing an order to purchase any products from Ultimate Hands Hockey, the buyer agrees to be bound by the Terms. The Terms may not be amended, revised or otherwise changed without the prior written approval of Ultimate Hands Hockey. Notwithstanding any provision in any Agreement between Ultimate Hands Hockey and Buyer to the contrary, in the event of any conflict or inconsistency between the Terms and the provisions of such agreement or any of the Buyer’s forms the Terms shall prevail and control.
Termination: Ultimate Hands Hockey reserves the right to terminate its relationship and any agreement with Buyer at any time by providing Buyer with thirty (30) days prior written notice. Ultimate Hands Hockey may terminate, effective immediately, its relationship with Buyer upon the happening of any of the following: (i) breach by Buyer of the Terms or , (ii) insolvency of Buyer, Buyer being adjudged bankrupt, or Buyer making an assignment for the benefit of creditors.
Pricing: Orders placed for immediate shipment will be billed at the prices in effect on the date of the order. Orders specifying future dated shipments will be billed at eh prices in effect on the date of shipment. PRICES MAY CHANGE WITHOUT NOTICE. Orders are invoiced on the day after the date of shipment.
Orders and Pricing Discrepancies: Buyer must report any discrepancy to Ultimate Hands Hockey within 30 days from receipt of Order. Contact email – firstname.lastname@example.org
Payments by Check: All payments by check should be forwarded to Ultimate Hands Hockey LLC, 7117 Quiet Creek Dr., Bradenton, FL 34212.
Default in Terms of Credit: All Buyers that are provided terms of Credit are required to make payments within the terms provided by Ultimate Hands Hockey. If a Buyer fails to pay invoices in full when due, the Buyer agrees to pay all costs of collection, including a reasonable attorneys fee. Any balance so remaining paid shall bear interest at the lesser rate of 1.5% per month or at the maximum rate permitted by applicable law, until paid in full. If suit or action by an attorney is instituted, Buyer agrees to venue in Manatee, County, Florida.
Returns: Merchandise may not be returned without first obtaining written authorization from Ultimate Hands Hockey pursuant to it then applicable return authorization procedures. All returns are subject to inspection and a 20% restocking charge. Custom merchandise and merchandise with shelf life are precluded from return procedures.
Damaged Goods: In the event Buyer received damaged merchandise, Buyer must notify Ultimate Hands Hockey within 14 days from date of invoice, and take the following steps:
- Note the damage on the carrier’s bill of lading or delivery receipt, have the driver sign the receipt, and contact Ultimate Hands Hockey’s office with specific details.
- Please note on carrier’s bill of lading if exterior skid shrink wrap and or tape is not intact upon receipt.
- Retain the original shipping carton(s), packaging, and contents.
- Ultimate Hands Hockey and or Ultimate Hands Hockey’s carrier reserves the right to inspect a damaged shipment on the recipient’s premises or have it retrieved for inspection.
Lost Goods: If Ultimate Hands Hockey paid the charges for freight, goods lost in transit will be replaced by Ultimate Hands Hockey.
Warranty Disclaimer: Ultimate Hands Hockey products have a variety of uses and applications. It is presumed that the user is acquainted with the intended application and procedures for accomplishing the desired result. We recommend that users inspect and test the product before use to satisfy that it is suitable for the intended use. No instruction is hereby offered or implied by Ultimate Hands Hockey, its employees, agents, or dealers and no liabilities for unsatisfactory results are accepted. Nothing herein constitutes any warranty express or implied, including any warranty of merchantability or fitness for a particular purpose, nor is any protection from any law or patent to be inferred. The exclusive remedy for any proven claim is limited to replacement of product and in no event shall Ultimate Hands Hockey be liable for special, incidental, or consequential damages.
Waiver: The Buyer hereby waives their rights to a jury trial of any claims in law or equity.
Ultimate Hands Hockey warranties the steel frame from manufacturing detects and failure through normal use for the period of 1 year from purchase date. The buyer is responsible for shipping device back to Ultimate Hands Hockey if required to determine failure. If Ultimate Hands Hockey determines failure is caused by manufacturing, we will replace and return a replacement device free of charge. All other subassemblies (stick wrap, elastic tube and bounce bands) are considered wear items and will be replaced within 15 days of purchase should failure, through normal use, occur. The buyer is responsible for shipping costs of replacement wear items.
Limitation of Liability: You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, in each case to the extent permitted by applicable law.
In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Third-Party Links: Our Service may include materials from third-parties and third-party links available through the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Statute of Limitations: The Buyer must commence any warranty or other claim, based upon sold to it by the Seller, within one week from receipt of the applicable date of sale. Any claim commenced after that time shall be unenforceable.
Force Majeure: Ultimate Hands Hockey shall not be responsible for delays in performance caused, directly or indirectly, by any act of God, accident, war, force of arms, fire, elements, riot, labor dispute, strike, sabotage, civil commotion, act of terrorism, government action, transportation interruption, inability to obtain materials or labor or any other contingencies beyond Ultimate Hands Hockey’s reasonable control.
Confidentiality: All non-public documents, trade secrets and information of Ultimate Hands Hockey exchanged (in writing, orally, electronically, or otherwise) by Ultimate Hands Hockey with Buyer are confidential and proprietary and will not be disclosed by Buyer to any third party without the prior written consent of Ultimate Hands Hockey.