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TERMS AND CONDITIONS
Prices. All prices quoted are FOB Prince Lionheart’s facilities and are subject to change without notice. All prices quoted are net to Prince Lionheart and, where applicable, purchaser agrees to pay all additional costs, taxes, transportation, insurance and any other charges which may be levied. Purchaser will provide Prince Lionheart with tax exemption certificates acceptable to the taxing authorities.
Minimum Advertised Price (MAP) Policy. Prince Lionheart (PL) recommends authorized PL Dealers sell PL Products within the Suggested Retail Price Range outlined on the current PL Dealer Price List. A PL Product may be ADVERTISED to the minimum advertised price (MAP), as published on the current PL Price List. Any retailer who advertises a PL Product for sale below the MAP, or at a “call for price” offering, or represents this visually with a line through the MAP, will be in violation of this agreement. This policy only pertains to the MAP and in no way restricts or relates to the actual selling price of the item. This agreement is applicable to all forms of advertising including catalogs, mailings, Internet websites and any other electronic media. With respect to coupon offers or other special offers for PL products, the following applies: the advertising of any coupon or additional discount offerings (applied to the immediate or future sale) that brings the net retail price or value below the stated MAP, will be deemed to be in violation of this agreement; this also applies to general coupon offerings that do not specifically mention PL Products directly; the offering of FREE accessories (products related to the use of the product) as part of a promotion will be deemed to be in violation of this agreement if the advertised price of the items offered together is lower than the sum of the authorized MAPs for the two items; the only exception will be for promotions initiated by PL. PL reserves the right to change any of its Authorized Dealer Policies. PL may, in its sole discretion, terminate the business relationship and discontinue the supply of products to any dealer deemed to be in violation of the policies outlined above.
Order acceptance and delivery. Prince Lionheart shall have no obligation to accept any order nor will it have any liability for failure to deliver goods by the estimated delivery dates. Method of shipment is at Prince Lionheart’s discretion unless purchaser supplies Prince Lionheart with explicit written instructions. Each order accepted constitutes a separate and independent contract. Delivery dates are estimates only and are subject to availability of goods. Prince Lionheart will not be responsible for any delay in delivery which results from, or is contributed to, by events beyond Prince Lionheart’s control. Prince Lionheart shall not be responsible for any accessorial services that the shipping/delivery servicer deems necessary, such as the need for a lift-gate service, inside delivery service, waiting time, lumping fees, etc.
Title and Risk of Loss. All risk of loss and damage to goods will pass to purchaser at the moment the goods are delivered to any carrier for shipment to purchaser. Title in the goods will not pass to purchaser until such time as Prince Lionheart has received full and final payment for the goods.
Acceptance of goods by Purchaser. Purchaser’s retention of goods for more than twenty four hours after delivery to purchaser’s place of business or designated place of delivery will constitute a final and irrevocable acceptance of the goods. Any claims for short shipment must be made within twenty four hours of delivery.
Returns. If any product purchased under this agreement proves defective within thirty days from the date of receipt by purchaser, purchaser must notify Prince Lionheart in writing of the defect within fifteen days of discovery of the defect and must establish that the product has been properly maintained and used. Upon receiving notice and proof of the defect and proof of proper maintenance and use, Prince Lionheart will have the option of repairing or replacing the goods free of charge or refunding the purchase price. Prince Lionheart’s obligations hereunder shall be fully discharged by Prince Lionheart’s repair or replacement of the goods or refund of the purchase price of the defective product. In no event shall purchaser return materials without obtaining Prince Lionheart’s prior permission.
Resale of goods. Goods sold to purchasers in the United States of America and its overseas territories are for resale to purchaser’s customers in the United States of America and its overseas territories only.
Applicable law. Orders shall be governed by the laws of the state of California in force on the date of the order and the venue for any disputes shall lie in Santa Barbara County, California. In connection with any litigation, arbitration or any other dispute arising between purchaser and Prince Lionheart, the prevailing party shall be entitled to recover his/her expenses, including reasonable attorney’s fees and costs.
Disputes. This Agreement shall be construed in accordance with, and all disputes hereunder shall be governed by, the laws of the State of California. In the event any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof (a “Dispute”), the parties will initially attempt to resolve such Dispute through good faith discussions and negotiations for at least ten (10) business days from the time that one party notifies the other of the existence of the Dispute. Any Dispute that cannot be resolved through the good faith collaborative efforts of the parties shall be submitted to JAMS in Santa Barbara, California, for non-binding mediation before a single mediator. Should mediation not result in a final resolution, then the Dispute shall be decided through binding arbitration before a single arbitrator who is a retired Superior Court judge at JAMS in Santa Barbara, California, pursuant to its Streamlined Arbitration Rules and Procedures. Purchaser consents to personal jurisdiction before the mediation and arbitration forums set forth herein and Purchaser consents to personal jurisdiction before all courts of the State of California and agrees that venue shall be in the Santa Barbara County Superior Court, State of California, in the event of any court proceedings. The prevailing party in any arbitration and/or legal proceeding brought to resolve a Dispute hereunder shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses related thereto, including without limitation arbitration costs and reasonable attorneys’ fees. If mediation and/or arbitration cannot for any reason be conducted in the place set forth above and/or if JAMS is unavailable for any reason, PL may select another location and another dispute resolution service.
Warranties and disclaimers. Prince Lionheart warrants title to the products. Prince Lionheart warrants for a period of thirty days from the date of purchase that all products manufactured by Prince Lionheart shall be free from defects in material and workmanship. PRINCE LIONHEART MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, TIME OF DELIVERY, OR ANY OTHER MATTER. ANY WARRANTIES ARISING UNDER THIS AGREEMENT EXTEND ONLY TO THE ORIGINAL PURCHASER AND NOT TO ANY OTHER PERSON, GROUP OR ENTITY.
Limitation of liability. Prince Lionheart’s liability for any and all losses or damages arising out of any cause whatsoever related to the goods sold hereunder shall be limited to the actual amounts paid by purchaser for such goods. All claims related to the goods shall be deemed waived unless made in writing and delivered to Prince Lionheart within the time periods specified above.