ABOUT REESE TIPIS
- Terms of Sale
Terms and Conditions of Sale
READ THIS DOCUMENT CAREFULLY. IT CONTAINS ALL TERMS AND CONDITIONS OF SALES, VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
The following terms and conditions of sale govern all sales of Reese Tipis, (Reese Tipis) Indian tipis or related products, made to you (Customer) pursuant to oral or written orders transmitted to Reese Tipis, its representatives or salesmen, via voice, written or internet communications. This Document constitutes the entire contract with respect to the sale and purchase of the merchandise to which it applies. No modification of this sale shall be effected by the acceptance or acknowledgement of purchase order forms specifying different conditions, unless it is a separate formal purchase agreement with Reese Tipis in which case the separate formal agreement shall control, and no modifications shall be effective unless in writing and signed by the party claimed to be bound thereby.
These terms and conditions are subject to change in Seller's sole discretion, at any time, with or without prior notice to Customer.
1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and Reese Tipis, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Reese Tipis.
2. Governing Law. This sale shall be deemed to have been made in the State of Colorado. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado and shall bind and inure to the benefit of the parties and their respective principals, employees, agents, heirs, successors, and permitted assigns, notwithstanding any conflict-of-laws doctrines. Any controversy arising out of or relating to this Agreement or any breach thereof, or any claim or action to enforce this Agreement or any portion thereof, or any controversy or claim requiring interpretation of this Agreement must be brought in a forum located within the State of Colorado. The United States District Court for the District of Colorado (10th District) shall provide the proper venue for all matters arising under the subject matter jurisdiction of such court and for all other matters the state courts situated in El Paso County, Colorado, shall constitute proper venue. The Parties stipulate that venue over all controversies arising under this Agreement is proper therein and Customer hereby waives any other jurisdiction and venue to which it may be entitled by virtue of domicile or otherwise. The Parties also consent to the in personam jurisdiction of said courts for the purposes of any such litigation. Any action brought in contravention hereof by one party is subject to dismissal at any time and at any stage of the proceedings by the other party and no action taken by the other party in answering, defending, counter claiming, appealing or otherwise shall be construed as a waiver of this right to immediate dismissal. A party bringing an action in contravention of this paragraph 2 shall be liable to the other party for the costs, expenses, and attorney's fees incurred in dismissing the action or transferring the action to a forum located within the State of Colorado.
3. Payment Terms; Orders; Quotes; Interest; Late Charges. Terms of payment are within Reese Tipis' sole discretion, and unless otherwise agreed to by Reese Tipis, payment must be received by Reese Tipis prior to or concurrent with Reese Tipis' acceptance of an order. Unless credit terms or some other prearranged payment methods have been agreed to in advance by Reese Tipis, acceptable forms of payment for products include credit card charges, wire transfers or electronic fund transfers, certified checks, or cashier's checks. Payments are due and payable within the time period noted on the invoice, measured from the date of the invoice. Reese Tipis may invoice various parts of a single order separately. Orders or offers to purchase are not binding upon Reese Tipis until accepted by Reese Tipis. Any price quotations given by Reese Tipis will be valid only for the period of time stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Acceptance of the products by Customer indicates Customer's agreement to pay late charges as may be charged by Reese Tipis from time to time.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Reese Tipis' invoice(s) and are the sole responsibility of Customer. If applicable, a separate charge for taxes will be shown on Reese Tipis' invoice. Customer shall pay to Reese Tipis all taxes, excises, or other charges which Reese Tipis may be required to pay to or to collect on behalf of any government entity, whether national, state or local, upon or measured by the production, sale, transportation, delivery or use of the products sold hereunder. If, prior to or concurrent with Reese Tipis' acceptance of Customer's order, Customer provides Reese Tipis with a valid and correct tax exemption certificate issued by the applicable authorities of the jurisdiction to which the products will be shipped, Reese Tipis shall endeavor to provide the product to the customer without assessing the taxes stated in the tax exemption certificate as being not applicable to the transaction with Customer. Customer shall not be responsible for taxes that are the sole responsibility of Reese Tipis' including any franchise taxes and taxes on Reese Tipis' net income.
5. Title; Risk of Loss. If shipment of products is to Customer by a common carrier selected by Reese Tipis, delivery by Reese Tipis to the carrier at point of origin, or pickup by the carrier at Reese Tipis' facility, shall constitute delivery to the Customer and thereafter the shipment shall be at Customer's risk. Claims for loss or damage must be filed by the Customer against the common carrier. Title to goods loaded onto Customer's conveyance or a common carrier selected by Customer at Reese Tipis' facility, passes to the Customer at the time the product is loaded. Thereafter the risk of loss is that of the Customer. Claims for loss or damage must be filed by the Customer against the common carrier selected by the Customer, if any. Customer is hereby advised to secure all applicable insurance in order to protect against the risk of loss at the time that title passes to Customer.
6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO REESE TIPIS-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION FORWARDED TO CUSTOMER WITH THE PRODUCTS. REESE TIPIS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THAT DOCUMENTATION.
7. Return Policies. Reese Tipis products and parts that are purchased directly from Reese Tipis by an end-user Customer may be returned by Customer only in accordance with Reese Tipis' Return Policy.
8. Repair and Replacement Policies. From time to time, Reese Tipis may, in its sole discretion, repair or replace products or portions of a product. Any repairs or replacements will be made in accordance with Reese Tipis' policies then in effect.
9. Products. Reese Tipis' policy is one of ongoing product update and revision. Reese Tipis may revise and discontinue products at any time. Reese Tipis will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in Reese Tipis products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.
10. Limitation of Liability. CUSTOMER ASSUMES ALL RISK OF USE OF THE PRODUCT. REESE TIPIS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REESE TIPIS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, RELIANCE, INCIDENTAL, SPECIAL, DIRECT OR INDIRECT DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, OR FOR BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER LOSSES UNDER ANY LEGAL THEORY INCLUDING CONTRACT, TORT AND/OR STRICT PRODUCT LIABILITY), ARISING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE A REESE TIPIS PRODUCT EVEN IF REESE TIPIS HAS BEEN FIRST ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. THE ENTIRE LIABILITY OF REESE TIPIS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER. SOME STATES OR JURISDICTIONS DO NOT PROVIDE FOR EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, IN THOSE JURISDICTIONS, THE FOREGOING LIMITATION MAY NOT APPLY.
11. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST REESE TIPIS, its agents, employees, successors, assigns or affiliates, arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Reese Tipis' advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute or controversy between Customer and Reese Tipis. The arbitration shall be held in Colorado Springs, Colorado, or another location agreed upon by Reese Tipis, either in person, by telephone, or online. Awards of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
12. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying these products for its own internal use only, and not for resale. Reese Tipis has separate terms and conditions governing resales.
13. Service and Support. Reese Tipis is committed to providing the highest quality products, and the best technical and customer support available. If you have difficulty erecting or using one of our products, please read our book, 'The 20th Century Indian Tipi' for helpful information. If you are still experiencing difficulty of some sort, then feel free to contact us by telephone during normal business hours 9:00 am to 5:00 pm Mountain Time Zone at oldphonenumber or via email at oldsupportemail. Service offerings may vary from product to product and Reese Tipis assumes no obligation to provide service or technical support until Reese Tipis has received full payment for the product or service/support contract for which service or support is requested.
14. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
15. Force Majeure. Delay in delivery, or non-delivery in whole or in part by Reese Tipis shall not be a breach of this sale if performance by Reese Tipis is made impracticable by the occurrence of any one or more of the following contingencies, the non-occurrence of which is a basic assumption on which all sales are med: (a) fires, floods, or other casualties; (b) wars, riots, civil commotion or insurrection, embargoes, governmental regulations or martial law; (c) Seller's inability to secure or obtain necessary materials (finished or otherwise) from its usual sources of supply; (d) shortages of cars, trucks, or delays in transit; (e) existing or future strikes or other labor troubles affecting production or shipment, whether involving employees of Reese Tipis or employees of others, and regardless of responsibility or fault on the part of any such employer; (f) other contingencies or acts of God concerning manufacture or shipment, whether or not of a class or kind mentioned herein and not reasonably within Reese Tipis' control.
16. Conflicts of Terms. In case of a conflict between the terms and conditions set forth herein or those set forth in other Reese Tipis' documents shall control.
17. Note: Pursuant to 25 U.S.C § 305(e) notice is hereby given that Reese Tipis' products, while authentic in design, are not Indian produced, an Indian product, or the product of a particular Indian or Indian Tribe or Indian arts and craft organization.
© 2001 - Frank Reese - All Rights Reserved.