Terms & Conditions
Terms and Conditions
DAM TOYS STANDARD TERMS AND CONDITIONS
AND STANDARD TERMS OF SALE AND LIMITED WARRANTY AGREEMENT
Your use of this website or your placement of an order by any method indicates your acceptance of these Terms and Conditions and the Standard Terms of Sale and Limited Warranty Agreement (“Agreement”). This Agreement applies to any order, purchase, receipt, delivery, or use of any products (“Goods”) sold by Dam Toys (“Seller”) to the buyer (“Buyer”).
1. USE OF WEBSITE: The Terms and Conditions of this website apply to the website www.dam-toys.com including any applications, platforms, services, or other resources related to, distributed on or available through www.dam-toys.com (the “Website”). Use of the Website is personal, nonexclusive and non-sublicensable. The Website is operated by Seller.
Seller attempts to ensure that the information on the Website is complete, accurate and current. Despite these efforts, the information may occasionally be inaccurate, incomplete or out of date. Seller makes no representation as to the completeness, accuracy or currentness of any information on the Website. All features, content, specifications, products and prices of Goods described or depicted on the Website are subject to change at any time without notice. The inclusion of Goods on the Website at a particular time does not imply or warrant that these Goods 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 the Website. By placing an order, Buyer represents that the products ordered will be used only in a lawful manner.
This Website may contain links to other web sites on the Internet that are owned and operated by third parties. You acknowledge that Seller is not responsible for the operation of or content located on or through any such site.
The design of the Website and all text, graphics, information, content, and other material displayed on or available through the Website is protected by copyright, trademark and other laws and may not be used except as permitted in this Agreement. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Website without the written permission of Seller.
Seller reserves the right to update, change or replace any part of this Agreement by posting updates and/or changes to the Website. It is Buyer’s responsibility to check this page periodically for changes. Continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
2. ACCEPTANCE OF ORDERS: The acceptance of all orders and all sales by Seller are made subject to and expressly conditioned upon the terms and conditions contained herein. Any of Buyer’s terms and conditions which are different from or in addition to those contained herein are hereby objected to and shall be of no effect unless specifically agreed to in writing by Seller. The parties agree that the terms and conditions set forth herein constitute the sole agreement between the parties with respect to any transactions between Buyer and Seller herein. Seller is not responsible for any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance offer, invoice or other document.
3. ORDERS AND PAYMENT TERMS: Orders are not binding upon Seller until accepted by Seller. Terms of payment are within Seller's sole discretion. Buyer agrees to pay the total purchase price for the Goods, plus applicable tax and shipping charges. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Seller may invoice parts of an order separately.
Buyer’s receipt of an order confirmation does not signify Seller’s acceptance of the order, nor does it constitute confirmation of Seller’s offer to sell. Seller reserves the right at any time after receipt of the order to accept or decline the order for any reason. Seller further reserves the right any time after receipt of an order, without prior notice, to supply less than the quantity ordered of any Goods. If an order consists of multiple items, they may be shipped separately depending on availability. Orders will be deemed accepted upon shipment of the Goods.
Seller reserves the right, by giving written notice to Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Seller which is due to any factor beyond the control of Seller (such as, without limitation, increase in price from supplier, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labor, materials or other costs of manufacture), any change in the delivery dates, quantities or specifications for the Goods that are requested by Buyer, or any delay caused by any instructions of Buyer or failure of Buyer to give Seller adequate information or instructions.
4. ORDER CHANGES/CANCELLATIONS: Do not assume a cancellation or change of ANY order you have made with Dam Toys has been effected until you receive a confirmation from Dam Toys via email. You will be responsible for, and your credit card may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received. If a cancelled order has been confirmed, a refund shall be issued. Refunded amounts will be returned to the original form of payment within two (2) billing cycles. Cancellation of orders following shipment must be made in accordance with the return policies posted on Seller’s website.
5. PAYMENT: Unless Seller has extended credit to Buyer, Buyer shall pay Seller by credit card upon ordering. If Seller elects to extend credit to Buyer upon approval of Buyer’s credit, Buyer agrees to make all payments in accordance with the credit terms. Seller reserves the right at any time to change the amount of, or to withdraw, any credit extended to Buyer. Each shipment shall be considered a separate and independent transaction and payment therefore shall be made accordingly. All funds shall be made in the US Dollars. Past due amounts are subject to interest at 10% per annum, but not to exceed the maximum rate allowed by law. In the event of a Buyer default, Buyer agrees to pay Seller all costs of collection including but not limited to court costs, attorneys and filing fees.
6. TAXES: All prices are exclusive of all U.S. federal, state and local excise, sales, use, value added, and similar taxes. These taxes shall be paid by Buyer, or Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.
7. LIMITATIONS ON USE: Goods purchased under this Agreement are not to be used in any manner not considered a standard and ordinary use. Buyer agrees not to use or sell or transfer the product to others for such purposes, without prior written authorization from Seller. If any such use occurs, Seller disclaims all liability and will in no event have any liability to Buyer or any third party for personal injury, death or property or other economic damage suffered. Buyer agrees to defend and indemnify Seller against any and all costs, damage or expense arising out of or related to such liability. As used herein, liability means liability of any kind at any time whether in contract, tort (including negligence and strict liability), warranty or otherwise. If Goods purchased under this Agreement are intended for export, they may be subject to export regulations. The export of Goods may also alter or void the manufacturer's or publisher's warranty.
8. DELIVERY/TITLE/RISK OF LOSS: Any delivery date given to the Seller is approximate only and Seller shall not be liable to Buyer for failure to deliver on any particular date or dates. Seller reserves the right to make deliveries in installments. All shipping charges and expenses shall be paid by Buyer unless otherwise specified under the shipping policy posted on Seller’s website. Shipping and handling fees will be added to invoice. Buyers placing a wholesale order should refer to Seller’s wholesale shipping policy. For wholesale orders, title of Goods passes to the Buyer at FOB shipping point. Goods or parts damages in shipment cannot be returned and all claims for such damage should be directed immediately to the transportation company.
If Buyer fails to take delivery of the Goods or fails to give Seller adequate delivery instructions at the time stated for delivery (other than by cause beyond the reasonable control of the Buyer) then without limiting any other right or remedy available to the Seller, the Seller may:
(a) store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
(b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Agreement or charge the Buyer for any shortfall below the price under the Agreement.
9. SHIPMENT DISCREPANCY: All discrepancies must be reported to Seller by Buyer immediately upon arrival of the Goods. Buyer agrees that any employee or representative of Buyer, or any person present at the delivery address, may sign for and receive the Goods sold to Buyer herein.
10. ACCURACY OF DATA/CORRECTIONS: Seller obtains certain data directly from the manufacturer, publisher or supplier of Goods and is not responsible for pricing, typographical or other errors in any such data. In addition, availability of third-party Goods is subject to change without notice. Seller reserves the right to cancel orders related to such errors or product discontinuation or unavailability, and to correct its quotation at any time, including pricing errors not detected until after Seller's confirmation.
11. RETURNS AND EXCHANGES: Other than as expressly provided in this Agreement or in the return policy posted on Seller’s website, all sales are final and no returns and exchanges will be accepted.
Return Policy: Seller will accept returns of Goods within thirty (30) days of the date of sale for a full refund of the purchase price or an exchange for the same item, less any applicable shipping costs. No returns or exchanges will be accepted after 30 days. Goods for return or exchange must be in new, unused condition, with the original undamaged packaging and instructions intact. Goods may only be exchanged if defective or damaged upon delivery.
Return Process: Returns require proof of purchase. To request a return, Buyer should forward the sales confirmation email to customerservice@dam-llc.com and request a refund or exchange. Seller may provide a return shipping label at Seller’s discretion, or elect for Buyer to use Buyer’s own shipping method. Buyer should prepare the items to be returned by packing them carefully in the original packing material, if possible. Buyer is responsible for all shipping costs, including original shipping and return shipping costs, for returned or exchanged items. When a refund is issued, the cost of return shipping will be deducted from the refund. Seller shall only be responsible for return shipping costs if the return is the result of Seller’s error (e.g. defective or damaged item). If Buyer chooses to use Buyer’s own shipping method instead of Seller’s return shipping label, Buyer is responsible for shipping charges. Buyer is responsible for risk of loss on all return shipments. When the returned item is received by Seller, Seller shall notify Buyer of receipt of the returned item, approval or rejection of the refund and, if applicable, details of the refund. Refunded amounts will be returned to the original form of payment within two (2) billing cycles. Returns are also subject to the rights of return processes in this Agreement. If Buyer fails to return Goods within the applicable return policy period or if the Goods do not meet the rights of return and processes set forth in this Agreement, the Goods are considered accepted by Buyer and not returnable.
Damaged Products - Packages that are obviously damaged should be refused at the time of original delivery attempt. If damaged Goods are accepted from the carrier, contact Seller’s Customer Service department at customerservice@dam-llc.com immediately upon receipt of shipment. Goods that are defective or damaged upon delivery may be exchanged for the same item or a full refund may be issued, subject to Seller’s discretion. Buyer should save the Goods and all original boxes and packaging. Timely receipt of this information is necessary to file a damage claim with the freight carrier and avoid delays in returns and replacements. Please do not send your purchase back to the manufacturer.
Non-Returnable Goods (not all inclusive) - The following Goods cannot be returned:
• Sale items
• Discontinued items
• Special order items
• Items for which manufacturers will not accept returns
• Custom configurations of systems
• Open units, and/or units which require re-packaging
• Units in an unsuitable resale condition
• Closeout, remanufactured and refurbished Goods
• Goods marked final sale
12. FORCE MAJEURE: Seller shall not be liable for delay or failure to deliver or perform due to any cause beyond its reasonable control, or for Acts of God, acts of Buyer, acts of any governmental authority, strikes or other labor disturbances, delays in transportation, fuel or energy shortages, or inability to obtain necessary materials, components, services, or facilities from usual sources.
13. LIMITED WARRANTY: For consumer sales only, Seller warrants Goods against defects in materials and workmanship under normal use for a period of 30 days from the date of sale by the original purchaser (“Limited Warranty Period”). Under this Limited Warranty, if a defect arises and a valid claim is received and approved by Seller within the Limited Warranty Period, Seller will replace the defective product with a new or refurbished product, or offer a refund of the purchase price, upon Seller’s sole discretion. To obtain warranty service please email customerservice@dam-llc.com and provide (a) proof of purchase details, (b) a detailed explanation of the problem, and (c) detailed proof of the defect or malfunction. Only after Seller concludes and approves that item is damaged will a replacement be sent. THE WARRANTY CONTAINED HEREIN IS EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. HOWEVER, IF SUCH WARRANTIES ARE REQUIRED AS A MATTER OF LAW, THEN THEY ARE LIMITED IN DURATION TO THE WARRANTY PERIOD AS PRESCRIBED BY LOCAL LAW. SELLER SHALL NOT BE LIABLE FOR LOSS, DAMAGE OR INJURY OF ANY NATURE, IN CONNECTION WITH OR RESULTING FROM USE OF THE PRODUCTS.
14. GENERAL LIMITATIONS OF LIABILITY: In no event, whether as a result of claims in contract, warranty, tort (including negligence and strict liability), or otherwise, shall Seller be liable for loss of profit or revenues, loss of goodwill, claims of customers, loss of use, damages to or loss of other property or equipment, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER. The remedies of the Buyer set forth herein as to defective or nonconforming Goods are exclusive. The total cumulative liability of Seller with respect to this Agreement or anything done in connection therewith such as the performance or breach thereof or from the manufacture, sale, delivery, resale, or use of any Goods, whether for claims in contract, tort (including negligence and strict liability), or otherwise shall in no case exceed the price of the specific order to which the claim relates.
15. INDEMNITIES: Buyer shall defend and indemnify Seller from all liabilities and costs resulting from any suit or proceeding based upon a claim that the Goods infringe upon the right of a third party to the extent such claim arises from Seller’s compliance with Buyer’s designs, specifications or instructions. This indemnity shall survive the termination of this transaction and/or the completion of the transaction contemplated herein.
16. MISCELLANEOUS:
(a) The invalidity, in whole or in part, of any provision herein shall not affect validity of any other provision herein.
(b) Any representation, warranty, course of dealing or trade usage not contained or referenced herein shall not be binding on Seller or Buyer.
(c) No modification, amendment, rescission, waiver or other change in these terms and conditions shall be binding on Seller unless consented to in writing by its authorized representative.
(d) This Agreement sets forth the entire agreement and understanding between Seller and Buyer as to the subject matter hereof and merges and supersedes any and all prior discussions, agreements and understandings of every kind and nature.
(e) The Agreement and any sales of goods pursuant hereto shall be governed in accordance with the laws of California. The parties agree that the exclusive jurisdiction and venue of any action with respect to this Agreement shall be in the County of Los Angeles, State of California, and each of the parties submits itself to the exclusive jurisdiction and venue of such courts for purposes of such action.
DAM TOYS STANDARD TERMS AND CONDITIONS
AND STANDARD TERMS OF SALE AND LIMITED WARRANTY AGREEMENT
Your use of this website or your placement of an order by any method indicates your acceptance of these Terms and Conditions and the Standard Terms of Sale and Limited Warranty Agreement (“Agreement”). This Agreement applies to any order, purchase, receipt, delivery, or use of any products (“Goods”) sold by Dam Toys (“Seller”) to the buyer (“Buyer”).
1. USE OF WEBSITE: The Terms and Conditions of this website apply to the website www.dam-toys.com including any applications, platforms, services, or other resources related to, distributed on or available through www.dam-toys.com (the “Website”). Use of the Website is personal, nonexclusive and non-sublicensable. The Website is operated by Seller.
Seller attempts to ensure that the information on the Website is complete, accurate and current. Despite these efforts, the information may occasionally be inaccurate, incomplete or out of date. Seller makes no representation as to the completeness, accuracy or currentness of any information on the Website. All features, content, specifications, products and prices of Goods described or depicted on the Website are subject to change at any time without notice. The inclusion of Goods on the Website at a particular time does not imply or warrant that these Goods 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 the Website. By placing an order, Buyer represents that the products ordered will be used only in a lawful manner.
This Website may contain links to other web sites on the Internet that are owned and operated by third parties. You acknowledge that Seller is not responsible for the operation of or content located on or through any such site.
The design of the Website and all text, graphics, information, content, and other material displayed on or available through the Website is protected by copyright, trademark and other laws and may not be used except as permitted in this Agreement. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Website without the written permission of Seller.
Seller reserves the right to update, change or replace any part of this Agreement by posting updates and/or changes to the Website. It is Buyer’s responsibility to check this page periodically for changes. Continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
2. ACCEPTANCE OF ORDERS: The acceptance of all orders and all sales by Seller are made subject to and expressly conditioned upon the terms and conditions contained herein. Any of Buyer’s terms and conditions which are different from or in addition to those contained herein are hereby objected to and shall be of no effect unless specifically agreed to in writing by Seller. The parties agree that the terms and conditions set forth herein constitute the sole agreement between the parties with respect to any transactions between Buyer and Seller herein. Seller is not responsible for any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance offer, invoice or other document.
3. ORDERS AND PAYMENT TERMS: Orders are not binding upon Seller until accepted by Seller. Terms of payment are within Seller's sole discretion. Buyer agrees to pay the total purchase price for the Goods, plus applicable tax and shipping charges. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Seller may invoice parts of an order separately.
Buyer’s receipt of an order confirmation does not signify Seller’s acceptance of the order, nor does it constitute confirmation of Seller’s offer to sell. Seller reserves the right at any time after receipt of the order to accept or decline the order for any reason. Seller further reserves the right any time after receipt of an order, without prior notice, to supply less than the quantity ordered of any Goods. If an order consists of multiple items, they may be shipped separately depending on availability. Orders will be deemed accepted upon shipment of the Goods.
Seller reserves the right, by giving written notice to Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Seller which is due to any factor beyond the control of Seller (such as, without limitation, increase in price from supplier, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labor, materials or other costs of manufacture), any change in the delivery dates, quantities or specifications for the Goods that are requested by Buyer, or any delay caused by any instructions of Buyer or failure of Buyer to give Seller adequate information or instructions.
4. ORDER CHANGES/CANCELLATIONS: Do not assume a cancellation or change of ANY order you have made with Dam Toys has been effected until you receive a confirmation from Dam Toys via email. You will be responsible for, and your credit card may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received. If a cancelled order has been confirmed, a refund shall be issued. Refunded amounts will be returned to the original form of payment within two (2) billing cycles. Cancellation of orders following shipment must be made in accordance with the return policies posted on Seller’s website.
5. PAYMENT: Unless Seller has extended credit to Buyer, Buyer shall pay Seller by credit card upon ordering. If Seller elects to extend credit to Buyer upon approval of Buyer’s credit, Buyer agrees to make all payments in accordance with the credit terms. Seller reserves the right at any time to change the amount of, or to withdraw, any credit extended to Buyer. Each shipment shall be considered a separate and independent transaction and payment therefore shall be made accordingly. All funds shall be made in the US Dollars. Past due amounts are subject to interest at 10% per annum, but not to exceed the maximum rate allowed by law. In the event of a Buyer default, Buyer agrees to pay Seller all costs of collection including but not limited to court costs, attorneys and filing fees.
6. TAXES: All prices are exclusive of all U.S. federal, state and local excise, sales, use, value added, and similar taxes. These taxes shall be paid by Buyer, or Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.
7. LIMITATIONS ON USE: Goods purchased under this Agreement are not to be used in any manner not considered a standard and ordinary use. Buyer agrees not to use or sell or transfer the product to others for such purposes, without prior written authorization from Seller. If any such use occurs, Seller disclaims all liability and will in no event have any liability to Buyer or any third party for personal injury, death or property or other economic damage suffered. Buyer agrees to defend and indemnify Seller against any and all costs, damage or expense arising out of or related to such liability. As used herein, liability means liability of any kind at any time whether in contract, tort (including negligence and strict liability), warranty or otherwise. If Goods purchased under this Agreement are intended for export, they may be subject to export regulations. The export of Goods may also alter or void the manufacturer's or publisher's warranty.
8. DELIVERY/TITLE/RISK OF LOSS: Any delivery date given to the Seller is approximate only and Seller shall not be liable to Buyer for failure to deliver on any particular date or dates. Seller reserves the right to make deliveries in installments. All shipping charges and expenses shall be paid by Buyer unless otherwise specified under the shipping policy posted on Seller’s website. Shipping and handling fees will be added to invoice. Buyers placing a wholesale order should refer to Seller’s wholesale shipping policy. For wholesale orders, title of Goods passes to the Buyer at FOB shipping point. Goods or parts damages in shipment cannot be returned and all claims for such damage should be directed immediately to the transportation company.
If Buyer fails to take delivery of the Goods or fails to give Seller adequate delivery instructions at the time stated for delivery (other than by cause beyond the reasonable control of the Buyer) then without limiting any other right or remedy available to the Seller, the Seller may:
(a) store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
(b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Agreement or charge the Buyer for any shortfall below the price under the Agreement.
9. SHIPMENT DISCREPANCY: All discrepancies must be reported to Seller by Buyer immediately upon arrival of the Goods. Buyer agrees that any employee or representative of Buyer, or any person present at the delivery address, may sign for and receive the Goods sold to Buyer herein.
10. ACCURACY OF DATA/CORRECTIONS: Seller obtains certain data directly from the manufacturer, publisher or supplier of Goods and is not responsible for pricing, typographical or other errors in any such data. In addition, availability of third-party Goods is subject to change without notice. Seller reserves the right to cancel orders related to such errors or product discontinuation or unavailability, and to correct its quotation at any time, including pricing errors not detected until after Seller's confirmation.
11. RETURNS AND EXCHANGES: Other than as expressly provided in this Agreement or in the return policy posted on Seller’s website, all sales are final and no returns and exchanges will be accepted.
Return Policy: Seller will accept returns of Goods within thirty (30) days of the date of sale for a full refund of the purchase price or an exchange for the same item, less any applicable shipping costs. No returns or exchanges will be accepted after 30 days. Goods for return or exchange must be in new, unused condition, with the original undamaged packaging and instructions intact. Goods may only be exchanged if defective or damaged upon delivery.
Return Process: Returns require proof of purchase. To request a return, Buyer should forward the sales confirmation email to customerservice@dam-llc.com and request a refund or exchange. Seller may provide a return shipping label at Seller’s discretion, or elect for Buyer to use Buyer’s own shipping method. Buyer should prepare the items to be returned by packing them carefully in the original packing material, if possible. Buyer is responsible for all shipping costs, including original shipping and return shipping costs, for returned or exchanged items. When a refund is issued, the cost of return shipping will be deducted from the refund. Seller shall only be responsible for return shipping costs if the return is the result of Seller’s error (e.g. defective or damaged item). If Buyer chooses to use Buyer’s own shipping method instead of Seller’s return shipping label, Buyer is responsible for shipping charges. Buyer is responsible for risk of loss on all return shipments. When the returned item is received by Seller, Seller shall notify Buyer of receipt of the returned item, approval or rejection of the refund and, if applicable, details of the refund. Refunded amounts will be returned to the original form of payment within two (2) billing cycles. Returns are also subject to the rights of return processes in this Agreement. If Buyer fails to return Goods within the applicable return policy period or if the Goods do not meet the rights of return and processes set forth in this Agreement, the Goods are considered accepted by Buyer and not returnable.
Damaged Products - Packages that are obviously damaged should be refused at the time of original delivery attempt. If damaged Goods are accepted from the carrier, contact Seller’s Customer Service department at customerservice@dam-llc.com immediately upon receipt of shipment. Goods that are defective or damaged upon delivery may be exchanged for the same item or a full refund may be issued, subject to Seller’s discretion. Buyer should save the Goods and all original boxes and packaging. Timely receipt of this information is necessary to file a damage claim with the freight carrier and avoid delays in returns and replacements. Please do not send your purchase back to the manufacturer.
Non-Returnable Goods (not all inclusive) - The following Goods cannot be returned:
• Sale items
• Discontinued items
• Special order items
• Items for which manufacturers will not accept returns
• Custom configurations of systems
• Open units, and/or units which require re-packaging
• Units in an unsuitable resale condition
• Closeout, remanufactured and refurbished Goods
• Goods marked final sale
12. FORCE MAJEURE: Seller shall not be liable for delay or failure to deliver or perform due to any cause beyond its reasonable control, or for Acts of God, acts of Buyer, acts of any governmental authority, strikes or other labor disturbances, delays in transportation, fuel or energy shortages, or inability to obtain necessary materials, components, services, or facilities from usual sources.
13. LIMITED WARRANTY: For consumer sales only, Seller warrants Goods against defects in materials and workmanship under normal use for a period of 30 days from the date of sale by the original purchaser (“Limited Warranty Period”). Under this Limited Warranty, if a defect arises and a valid claim is received and approved by Seller within the Limited Warranty Period, Seller will replace the defective product with a new or refurbished product, or offer a refund of the purchase price, upon Seller’s sole discretion. To obtain warranty service please email customerservice@dam-llc.com and provide (a) proof of purchase details, (b) a detailed explanation of the problem, and (c) detailed proof of the defect or malfunction. Only after Seller concludes and approves that item is damaged will a replacement be sent. THE WARRANTY CONTAINED HEREIN IS EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. HOWEVER, IF SUCH WARRANTIES ARE REQUIRED AS A MATTER OF LAW, THEN THEY ARE LIMITED IN DURATION TO THE WARRANTY PERIOD AS PRESCRIBED BY LOCAL LAW. SELLER SHALL NOT BE LIABLE FOR LOSS, DAMAGE OR INJURY OF ANY NATURE, IN CONNECTION WITH OR RESULTING FROM USE OF THE PRODUCTS.
14. GENERAL LIMITATIONS OF LIABILITY: In no event, whether as a result of claims in contract, warranty, tort (including negligence and strict liability), or otherwise, shall Seller be liable for loss of profit or revenues, loss of goodwill, claims of customers, loss of use, damages to or loss of other property or equipment, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER. The remedies of the Buyer set forth herein as to defective or nonconforming Goods are exclusive. The total cumulative liability of Seller with respect to this Agreement or anything done in connection therewith such as the performance or breach thereof or from the manufacture, sale, delivery, resale, or use of any Goods, whether for claims in contract, tort (including negligence and strict liability), or otherwise shall in no case exceed the price of the specific order to which the claim relates.
15. INDEMNITIES: Buyer shall defend and indemnify Seller from all liabilities and costs resulting from any suit or proceeding based upon a claim that the Goods infringe upon the right of a third party to the extent such claim arises from Seller’s compliance with Buyer’s designs, specifications or instructions. This indemnity shall survive the termination of this transaction and/or the completion of the transaction contemplated herein.
16. MISCELLANEOUS:
(a) The invalidity, in whole or in part, of any provision herein shall not affect validity of any other provision herein.
(b) Any representation, warranty, course of dealing or trade usage not contained or referenced herein shall not be binding on Seller or Buyer.
(c) No modification, amendment, rescission, waiver or other change in these terms and conditions shall be binding on Seller unless consented to in writing by its authorized representative.
(d) This Agreement sets forth the entire agreement and understanding between Seller and Buyer as to the subject matter hereof and merges and supersedes any and all prior discussions, agreements and understandings of every kind and nature.
(e) The Agreement and any sales of goods pursuant hereto shall be governed in accordance with the laws of California. The parties agree that the exclusive jurisdiction and venue of any action with respect to this Agreement shall be in the County of Los Angeles, State of California, and each of the parties submits itself to the exclusive jurisdiction and venue of such courts for purposes of such action.