1. Acceptance of Terms
a. These terms and conditions of sale (the "Terms") shall apply to all purchases of custom painted lures or services by Viper Custom Tackle ("Viper") to you ("Buyer") and to any purchase request issued by Buyer to Viper irrespective of terms set forth in purchase by Buyer. Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of custom painted lures and services covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms.
b. The accompanying estimate/sales order confirmation/invoice and these Terms comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.
2. Delivery, and Shipment
a. Viper makes every effort to deliver custom lures in a timely manner; the delivery schedule is subject to availability of finished custom lures and is only an estimate. Viper will make every effort to notify Buyer of any delays it deems longer than reasonable.
b. Buyer agrees to provide Viper with a valid shipping address.
c. Unless otherwise agreed in writing by the parties, Viper shall deliver the goods to Viper's delivery point using Viper's standard methods for packaging and shipping such custom lures.
d. Viper does not accept liability for items damaged during transit, and title and risk of loss passes to Buyer upon delivery of the custom lures at Viper's delivery point.
a. Viper does NOT accept returns for any reason unrelated to defects in the custom lures or warranty claims. No exceptions to the return policy can be made due to Viper's internal custom lure control guidelines.
4. Payment Terms
a. Unless otherwise agreed to in writing by Viper, all purchases must be paid within prior to shipment. Viper does not accept discount terms unless explicitly agreed to in writing by Viper.
b. Buyer may not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Viper. Orders will not be shipped until full payment has been received by Viper.
5. Sales Tax
a. Sales tax will be charged for orders delivered to the state of Wisconsin. It is the Buyer's responsibility to submit a resale or tax exempt certificate to claim an exemption. Viper will maintain a copy of the certificate on file for future reference.
a. Standard Limited Warranty: Viper's standard limited warranty covers the replacement of a defective custom lures manufactured by Viper (e.g., paint peeling or discoloration, missing rattles, etc.) for a period of one hundred twenty (120) days after shipment to Buyer. Viper agrees to, at its option, repair or replace defective custom lures that it paints for a period of one (1) year following the date of shipment to Buyer. This warranty does not cover defections caused by direct stress to custom paint (e.g., hook scratches or bite marks). This warranty is contingent upon proper use of a product in the application for which it was intended, and does not cover products which have been modified without Viper's written approval or that were subjected by buyer to unusual physical stress. The remedies set forth in this Section 6.a. shall be Buyer's sole and exclusive remedy and Viper's entire liability for any breach of the limited warranties set forth herein.
b. Warranty: EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, VIPER GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE REGARDING THE PRODUCTS, THEIR FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR OTHERWISE.
c. Buyer must present receipt of sale for defective custom lures and submit photos of defective lures to firstname.lastname@example.org. Viper will determine if custom lures qualify to be covered under warranty and replace if required. If Viper determines the defective lure is covered under warranty you must ship the product back to us, in a box or padded envelope to prevent loss of the lure in the mail.
7. Limitation of Liability
a. Viper's liability to Buyer shall be limited to a refund of buyers original purchase price. IN NO EVENT SHALL VIPER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT VIPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
a. All non-public, confidential or proprietary information of Viper, including but not limited to, specifications, patterns, designs, plans, drawings, documents, data, pricing, discounts or rebates, disclosed by Viper to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential" is confidential and may not be disclosed or copied unless authorized in advance by Viper in writing. This Section does not apply to information that is: (a) in the public domain; (b) known to buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party.