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TERMS AND CONDITIONS OF SALE
IMPORTANT. THESE TERMS AND CONDITIONS OF SALE (THE “TERMS AND CONDITIONS”) GOVERN YOUR PURCHASE OF THE SCIATA® SEATING SYSTEM AND/OR RELATED PRODUCTS (“PRODUCTS”) FROM THIS WEBSITE (“SITE”), WHICH IS OWNED AND OPERATED BY INSPRI, LLC., A COLORADO LIMITED LIABILITY COMPANY. PLEASE READ THESE TERMS AND CONDITIONS IN THEIR ENTIRETY BEFORE YOU PROCEED WITH A PURCHASE ORDER (“ORDER”). BY PURCHASING PRODUCTS FROM THIS SITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS. INSPRI, LLC, ITS SUBSIDIARIES, MEMBERS, BUSINESS AFFILIATES, AND SUPPLIERS (“WE”, “US”, OR “OUR”) MAKE THE PRODUCTS AVAILABLE FOR PURCHASE BY YOU, CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT LIMITATION OR QUALIFICATION, OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PROCEED WITH AN ORDER FOR ANY PRODUCTS.
1. Terms. These Terms and Conditions apply to any and all Orders for Products available for purchase from Inspri, LLC on this Site. These Terms and Conditions are the only terms that Inspri, LLC will accept. Any differing or additional terms printed or otherwise proposed or contained in an Order shall have no force or effect. You (the “Customer”) agree that such differing or additional terms or alterations shall not constitute any part of the agreement between Inspri, LLC and Customer. Furthermore, unless otherwise agreed to in writing signed by an authorized representative of Inspri, LLC, any such differing or additional terms or alterations to an Order are deemed by Inspri, LLC to be “material” alterations and Inspri, LLC hereby objects to such alterations.
2. Prices. All prices posted on this Site are based on U.S. dollars and are subject to change by Inspri, LLC at any time without notice. Inspri, LLC attempts to be as accurate as possible on its Site; however, to the extent permitted by applicable law, Inspri, LLC does not warrant that the prices posted on this Site are accurate, current or error free. Posted prices do not include any applicable taxes or shipping charges. Your total payment due includes the price of the Product (on the day of shipping) plus any applicable taxes and shipping and handling charges.
3. Taxes. You are responsible for any sale, use, or manufacturer’s tax which may be imposed upon the sale or use of the Products and shall be in addition to the posted prices. The amount of tax charged, if any, depends upon many factors, including, but not limited to, the destination of the shipment.
4. Payment. Terms of payment are within Inspri LLC’s sole discretion, and unless otherwise agreed by Inspri, LLC, payment must be received by Inspri, LLC prior to Inspri, LLC’s shipment of any Products. Payment for Products must be made in advance by credit card to our credit card servicing agent, KeyCorp (http://www.key.com/) or through selecting and remitting through PayPal™ as the choices are illustrated on the Shopping Cart pages.
5. Cancellation. Inpsri, LLC reserves the right to, with or without notice, cancel, reduce, or limit the quantity of any Orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. Notwithstanding any provision in these Terms and Conditions, Inspri, LLC reserves the right to refuse any Order, for any reason and at any time.
6. Shipping and Handling. Inspri, LLC uses a variety of carriers for shipping and may use air or ground shipping as necessary. The type of carrier and the amount of shipping charges for your Order of Product(s) will depend upon the shipping option you choose and will be separately itemized on all invoices. When you place an Order, we will estimate a delivery date for you based upon the availability of the Products and the shipping option you have chosen. Delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
7. Invoice. All invoices shall describe the Product ordered and the payment amount due, including any shipping charges and any applicable taxes.
8. Force Majeure. Inspri, LLC will make every effort to complete shipment but shall not be liable for any loss or damage for delay in delivery due to causes beyond its reasonable control, including but not limited to, acts of government or compliance with any government rules or regulations. Should such delay occur, Inspri, LLC may reasonably extend delivery, or at its option, cancel the order in whole or in part without liability other than to return any prepayment.
9. Return Policy. You may return, at your expense, a new unopened Product sold by Inspri, LLC within fifteen (15) days of delivery for a full refund. Due to the nature of the Product, this return policy is limited to the return of Product which is still in its original unopened Product packaging in new condition. No other return under this paragraph will be accepted.
10. Limited Warranty. INSPRI, LLC WARRANTS, FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF YOUR RECEIPT OF PRODUCT ORDERED FROM INSPRI, LLC, THAT ANY PRODUCTS PROVIDED BY INSPRI, LLC PURSUANT TO SUCH ORDER WILL SUBSTANTIALLY CONFORM TO ANY PRODUCT SPECIFICATIONS ON THIS SITE. UPON YOUR RETURN OF NONCONFORMING PRODUCT TO INSPRI, LLC WITHIN THIRTY (30) DAYS FROM THE DATE OF YOUR RECEIPT OF PRODUCT ORDERED FROM INSPRI, LLC TOGETHER WITH YOUR CLAIM UNDER THIS LIMITED WARRANTY, INSPRI, LLC MAY ELECT TO REPAIR OR REPLACE THE NONCONFORMING PRODUCTS OR SERVICES, OR AT INSPRI, LLC’S OPTION, TO REFUND THE AMOUNT PAID FOR THE NONCONFORMING PRODUCTS OR SERVICES.
11. Warranty Disclaimer. EXCEPT AS PROVIDED HEREIN, INSPRI, LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
12. Medical Disclaimer. THE INFORMATION CONTAINED IN OR MADE AVAILABLE BY THIS SITE IN CONNECTION WITH THE PURCHASE OF PRODUCTS DOES NOT AND IS NOT INTENDED TO CONVEY ANY FORM OF MEDICAL ADVICE TO YOU. THE INFORMATION ON THIS SITE IN CONNECTION WITH THE PURCHASE OF PRODUCTS CANNOT REPLACE OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ACKNOWLEDGE, BY ORDERING ANY PRODUCT, THAT ALL PRODUCT DESCRIPTIONS ARE PROVIDED ONLY AS A REFERENCE TO PROVIDE BROAD CONSUMER UNDERSTANDING AND KNOWLEDGE OF THE PRODUCTS OFFERED FOR SALE ON THIS SITE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR ANY SPECIFIC HEALTH ISSUES. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER, AT YOUR OWN EXPENSE, BEFORE PURCHASING OR USING ANY INSPRI, LLC PRODUCTS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE AS A RESULT OF ANY INFORMATION PROVIDED ON THIS SITE. RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE IN CONNECTION WITH THE PURCHASE OF PRODUCTS IS SOLELY AT YOUR OWN RISK.
WE DO NOT RECOMMEND SELF-MANAGEMENT OF HEALTH PROBLEMS. DO NOT USE THE PRODUCTS TO ATTEMPT TREATMENT OF ANY SERIOUS AILMENTS, HEALTH CONDITIONS, OR INJURIES WITHOUT THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER. NO MEDICAL CLAIMS ARE WARRANTED OR IMPLIED BY THE USE OF INSPRI, LLC PRODUCTS. INSPRI WILL NOT BE HELD LIABLE FOR MISUSE OF THE PRODUCTS OR ANY USE OF THE PRODUCTS WITHOUT THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER.
13. Use of Products. PLEASE READ ALL INSTRUCTIONS CAREFULLY BEFORE FIRST USE OF ANY INSPRI, LLC PRODUCT. KEEP IN MIND THAT IT MAY TAKE SOME TIME TO BECOME USED TO SITTING UPON YOUR SCIATA® SEATING SYSTEM PRODUCT. IF DISCOMFORT PERSISTS, DISCONTINUE USE IMMEDIATELY, AND CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER.
USE THE SCIATA® SEATING SYSTEM PRODUCT ONLY FOR ITS INTENDED PURPOSE. ALWAYS USE CARE AND CAUTION WHEN ADJUSTING YOUR SCIATA® SEATING SYSTEM PRODUCT WHEN PREPARING TO OPERATE ANY MOTOR VEHICLE. ADJUST THE PRODUCT WHILE SITTING IN A MOTOR VEHICLE ONLY WHEN THE VEHICLE IS PARKED AND NOT IN MOTION. THE SCIATA® SEATING SYSTEM PRODUCTS ARE NOT INTENDED AS FLOTATION DEVICES AND YOU SHOULD NEVER ATTEMPT TO USE THE PRODUCT AS A FLOTATION DEVICE. NEVER EXPOSE THE SCIATA® SEATING SYSTEM TO FLAMES OR SPARKS. LIKE MOST FABRICS AND POLYURETHANES, PARTS OF THIS PRODUCT ARE FLAMMABLE. DO NOT EXPOSE THE SCIATA® SEATING SYSTEM PRODUCT TO LONG PERIODS OF SUNLIGHT, WHETHER DIRECT OR INDIRECT, AS THIS MAY GRADUALLY AFFECT OR DESTROY THE SEAT COVER FABRIC. SHARP AND POINTY OBJECTS OR EDGES CAN DAMAGE YOUR SCIATA® SEATING SYSTEM PRODUCT.
14. Exclusive Remedy. EXCEPT AS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR INSPRI, LLC’S BREACH OF ANY OF THESE TERMS AND CONDITIONS, OR ANY CLAIM ARISING HEREFROM OR RELATED HERETO, SHALL BE FOR INSPRI, LLC TO REPAIR OR REPLACE THE NONCONFORMING PRODUCTS OR SERVICES, OR AT INSPRI LLC’S OPTION, TO REFUND THE AMOUNT PAID FOR THE NONCONFORMING PRODUCTS OR SERVICES.
15. Limitation of Damages. IN NO EVENT SHALL INSPRI, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO YOUR ORDER OR ANY BREACH OR DEFAULT OF ANY TERMS OR CONDITIONS EVEN IF INSPRI, LLC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND EVEN IF THE REMEDY IN SECTION 14 SHALL FAIL OF ITS ESSENTIAL PURPOSE.
16. Limitation of Liability. IF, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, INSPRI, LLC IS FOUND TO BE LIABLE TO CUSTOMER FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS, OR WITH RESPECT TO ANY CLAIM ARISING HEREFROM OR RELATED HERETO, IN NO EVENT SHALL INSPRI, LLC BE LIABLE FOR DAMAGES IN EXCESS OF THE AMOUNTS PAID FOR SUCH PRODUCTS OR SERVICES. CUSTOMER ACKNOWLEDGES THAT THE PRICES POSTED ON THE SITE ARE CONSIDERATION FOR THE STATED LIMITS OF LIABILITY HEREIN. NO PARTY MAY BRING AN ACTION, REGARDLESS OF FORM, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS (OTHER THAN TO RECOVER FEES OR EXPENSES DUE TO INSPRI, LLC) MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN OR THE DATE OF DISCOVERY OF SUCH CAUSE, WHICHEVER IS LATER.
17. Entire Agreement. These Terms and Conditions, as well as agreements and other documents referred to in these Terms and Conditions constitute the entire agreement between the Customer and Inspri, LLC with regard to the subject matter hereof and thereof. These Terms and Conditions supersede all previous agreements between or among the Parties. There are no agreements, representations, or warranties between or among the Parties other than those set forth in these Terms and Conditions or the documents and agreements referred to in these Terms and Conditions.
18. Severability. If any term or provision of these Terms and Conditions is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from these Terms and Conditions, and such provision shall not affect the legality, enforceability, or validity of the remainder of these Terms and Conditions. If any provision or part thereof of this Terms and Conditions is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.
19. Not For Resale or Export; Legal Age. You agree and represent that you are buying the Product for your own personal use, and not for resale or export. You agree and represent that you are of sufficient legal age to purchase the Product.
20. Consent to Jurisdiction. Customer hereto agrees that all actions or proceedings arising in connection with these Terms and Conditions shall be tried and litigated exclusively in the State and Federal courts located in the State of Colorado, United States of America. Customer hereto agrees to the personal jurisdiction by and venue in the state and federal courts in the City and County of Denver, Colorado, United States of America, and waives any objection to such jurisdiction and venue.
21. Choice of Law. Customer agrees that these Terms and Conditions, any Order under, or any claim, dispute, controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between Customer and Inspri, LLC arising from or relating to these Terms and Conditions, its interpretation, or breach, termination or validity thereof, the relationships which result from these Terms and Conditions, or any related purchase shall be governed by and construed under the laws of the State of Colorado without regard to principles of conflicts of laws.
22. Contact and Return Address. Notwithstanding any other provision in these Terms and Conditions, any and all returned Products shall be mailed, at your expense, to our current business address: Inspri, LLC, Attention: Mark Ridder, 16016 W. Ellsworth Lane, Golden, CO 80401, United States of America. If you have any questions regarding these Terms and Conditions, Inspri, LLC’s return policy, and/or our Products, please contact us directly at our current business address, via telephone 720-205-1681, or via email to Mark Ridder at markridder@insprico.com. Please be aware that our business address is subject to change, from time to time, in the future.
By clicking “Yes” upon checkout, you acknowledge that you have read, understand, and agree to be bound by the Terms and Conditions above.
If you reject the proposed Terms and Conditions above by clicking “No” during checkout, you will be denied access to purchase the Products that we are offering for sale.
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