Terms & Conditions of Sale
- Final sales of these goods to the end user are not allowed on or through third-party websites. If the end-user sale does not take place at a physical building you operate as a retail store, a temporary venue you are licensed to operate from, or through a website for which you own the domain, then it is unauthorized resale.
- Order will be shipped when full payment is received.
- Net30 invoicing available for pre approved parties only.
String Swing’s Standard Terms
The following terms are the only terms of our contract. If you want String Swing, Inc. (“us” or “we”) to change these or agree to other terms, you must obtain String Swing, Inc.’s president’s written agreement.
By placing an order with us, accepting goods from us, or placing future orders with us, you (on behalf of yourself and the business you represent) (“you”) accept these terms. Any provision that conflicts with these terms contained in any prior or subsequent communication from you is considered material by us and we object and reject it.
Final sales of these goods to the end user are not allowed on or through third-party websites. If the end-user sale does not take place at a physical building you operate as a retail store, a temporary venue you are licensed to operate from, or through a website for which you own the domain, then it is unauthorized resale.
This is a single transaction. We make no promises to you that we will sell any goods to you now or in the future. We reserve the right to limit your order and reject future orders. Nothing contained herein creates or implies any partnership, joint venture, dealership or agency relationship between us and you.
Goods are sold on a firm basis – returns and cancellations after shipment are not allowed unless preauthorized by us, returned undamaged in sale-able condition, and are subject to round-trip shipping charges and a 10% restocking fee based on the merchandise total. Custom items cannot be cancelled or returned. Any damages, shortages, over deliveries and duplicated orders must be reported to us within 14 days of your receipt or they will not be corrected thereafter.
Delivery dates, rates of production statements, and shipping weights are good faith estimates only.
Goods are shipped F.O.B. our factory, and the risk of loss passes to you upon shipment.
Past due invoices will be assessed a finance charge of 1.5% per month, and you will pay us all collection costs, including reasonable attorneys fees, we incur in collecting all sums due us under this agreement, whether incurred before or after judgment or during bankruptcy or insolvency proceedings.
We warrant that the goods we make are free of manufacturing defects for their normal expected lifetime. If you have a warranty claim, you must notify us of the claim within 30 days after the claim arises and promptly deliver the defective goods to our factory at our cost; whereupon we will either repair or correct the goods or service or provide a replacement part F.O.B. our factory. We cannot reimburse you for any other costs or losses you incurred as a result of the claim; Also, if the affected good was improperly used, altered, repaired, installed or sold outside the parameters of our terms, then our warranty is void. WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTY REMEDIES HEREIN ARE EXCLUSIVE, AND ALL OTHER WARRANTY REMEDIES ARE EXCLUDED.
We sell goods not insurance. Therefore, IN NO EVENT SHALL WE BE LIABLE TO YOU, A THIRD-PARTY, OR ANYONE CLAIMING THROUGH OR UNDER SAME, FOR ANY LOST PROFITS, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND IN NO SITUATION FOR AN AMOUNT IN EXCESS OF THE CONTRACT PRICE. These limitations will remain in effect even if a warranty or remedy is found by a court of competent jurisdiction to fail of its essential purpose or otherwise be invalid or unenforceable.
We own all patents, designs, copyrights, trademarks, know-how, and all other forms of intellectual property, wherever in the world enforceable, that are made, conceived, or developed by us alone, with you, or with others, in the course of making the goods or performing the services in this transaction.
Our contract is governed and construed by the laws of the State of Wisconsin, U.S.A. without regard to its conflict of laws rules. It binds us and you and our respective successors and assigns. Any dispute between us concerning this transaction will be decided by the state and federal courts serving Monroe County, Wisconsin. You waive any right to trial by jury. If you have a claim against us, you must bring it within one year from the date your claim arises, or two years from the date of sale, whichever is shorter. If any provision of this agreement is found to be invalid by a court of competent jurisdiction, such provision is severed and the remainder shall continue in full force and effect.