1. ACCEPTANCE OF ORDERS: Welcome to MoonwalkUSA. MoonwalkUSA provides its products to you, subject to the following Terms and Conditions which may be updated by us from time to time without notice to you. You can review the most current version of MoonwalkUSA’s Terms and Conditions at any time at: http://www.moonwalkUSA.com. MoonwalkUSA accepts and confirms buyer's order for the items and goods described on the sales invoice. As a buyer you agree to the terms and conditions of sale set forth herein below. No different or additional terms will be accepted by MoonwalkUSA unless agreed in writing and signed by MoonwalkUSA personnel. It's buyer's full responsibility to check with buyer's local government on any laws and regulation related to the purchase and the use of the products. Buyer agrees and fully understands that MoonwalkUSA is not registered to sell products in the states of PA and NJ. Buyer agrees to get all required certificate and license from local government before any use of MoonwalkUSA's products. MoonwalkUSA is not responsible for typographical or clerical errors made in any quotations, orders or publications.
2. PRICES: Unless expressly stated otherwise, prices for all merchandise are F.O.B. Westland, Michigan. Prices, discounts, quotations and specifications are subject to change without notice unless a required deposit or payment has been paid and secured.
3. PAYMENT: All charges are payable in US Dollars. Payment shall be made as follows: Buyer must make 60% deposit on the price of each custom made item. This includes, customer name tags added to item(s), custom designs, and custom ordered colors not standard on the item(s) sold by MoonwalkUSA. All units are sold on a first-come, first-served basis. To guarantee the next available unit, a minimum deposit of 25% of invoice is required. The rest of the payment must be made within 7 days after the unit is available. Each order must be paid in full prior to shipping.
4. SALES TAX (Michigan ONLY): MoonwalkUSA’s prices do not include sales tax. The amount of any present or future sales, tax applicable to the sale or use of the products sold hereunder shall be paid by the Buyer. Buyer agrees to indemnify and hold MoonwalkUSA harmless from all taxes (and any interest and penalties arising thereon) which any governmental or taxing authority claims or determines is due and has not been paid on the Sales Transaction, as a direct or indirect result of Buyer’s act or omission, including Buyer’s failure to qualify for any sales or other tax exemption.
5. SHIPMENT: Shipping dates are based on Buyer promptly furnishing to MoonwalkUSA, full and complete shipping information and full payment must be received prior to shipping. All goods shall be deemed delivered to Buyer at the time they are placed in the hands of any carrier and consigned to Buyer. Risk of loss, damage or destruction of any product is assumed by Buyer. Any manufacture defects must be report to seller in written within 10 days from the date of the freight is picked up from seller's warehouse. If Buyer does not specify a preferred method of shipment, MoonwalkUSA shall exercise sole discretion in selecting a method of shipment. All costs and expenses relating to shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of Buyer.
6. CONTINUED PRODUCT AVAILABILITY: MoonwalkUSA reserves the right to discontinue the sale of any model, or to make changes in design for product improvement, without incurring any obligation to furnish or install the same on product previously furnished.
7. COPYRIGHTS: All logos, product names, trademarks, artwork, literature, photographs, and designs used for the purpose of producing MoonwalkUSA products are proprietary and the sole property of MoonwalkUSA. Any unauthorized reproduction of any of these items will constitute a copyright infringement and are punishable by law. MoonwalkUSA makes no warranty that the goods will be delivered free of the rightful claim of any third party by way of infringement or the like. Buyer shall notify MoonwalkUSA if making, using, or selling the goods that may result in the infringement of a patent or copyright.
8. RETURN AND CANCELLATION POLICY: There are absolutely no exchanges or refunds once final payment is received and product has been sent to Buyer except where warranty issues should arise as outlined. Order may be partly or fully cancelled or changed within three (3) business days after the order is placed. If Buyer places a cancellation or change to the order after the payment has been processed, MoonwalkUSA has the right to withhold initial payment(s) made by customer(s) to use as remedy for production readjustment and associated costs. Buyer agrees and fully understands that MoonwalkUSA is not registered to sell products in the states of PA and NJ. Buyer agrees to get all required certificate and license from your local government before any use of MoonwalkUSA's products.
9. DELAYED DELIVERIES: MoonwalkUSA shall endeavor, in good faith, to fulfill Buyer’s order by the date requested by Buyer or estimated by MOONWALKUSA. However, MoonwalkUSA shall not be liable for damage or for delay in delivery arising from causes beyond its control and without its fault or negligence.
10. PRODUCT TOLERANCES: All weights, color and dimensions, in regards to products sold by MoonwalkUSA are stated in the literature or instruction material. These figures are approximate and within industry tolerances.
11. INSURANCE: Buyer agrees to carry general liability insurance with coverage limits of no less than $1,000,000 in connection with Buyer's use or rental of any good s purchased from MoonwalkUSA.
12. GOVERNING LAW: VENUE FOR LITIGATION; ATTORNEYS’ FEES: The parties agree that the Sales Transaction between MoonwalkUSA and Buyer shall be interpreted, applied and enforced under and pursuant to the laws of the State of Michigan, without regard to its conflict of law principles. In the event of any litigation arising out of or relating to the Sales Transaction, the parties agree that the exclusive venue for any lawsuit hereunder shall be the Wayne County Superior Court or the United States District Court for Michigan. Buyer expressly agrees to submit to the personal jurisdiction of these courts in any action arising out of the Sales Transaction. In any action arising out of the Sales Transaction, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorneys' fees, arising there from.
13. LIMITED WARRANTY: MoonwalkUSA provides buyer a limited repair warranty, and agrees and warrants only that the products identified to be MoonwalkUSA’s merchandise (Receipt will be required), will be fit for their intended purpose, merchantable, and without material defect in workmanship and materials for the period and types of product specified as follows:
A product shall not be considered defective if its color is different from MoonwalkUSA catalogue or website and no warranty is made relating to color. All requests from buyer for warranty work are subject to product inspection at MoonwalkUSA. It's buyer's responsibility to ship the products to MoonwalkUSA, and ship back to customer after repair. Ordinary wear and tear will not invalidate MoonwalkUSA limited warranty, but misuse, improper handling or storage, improper repairs, improper maintenance and care, or accidental, abusive or negligent treatment of the product will invalidate MoonwalkUSA warranty. Buyer must use stakes, tie-downs and ground covers (Not provided by MoonwalkUSA) at all times to ensure the safety of users and the equipment. This warranty is not a guarantee that the product will not through use, handling and storage develop tears or punctures form time to time, the repair of which is the responsibility of buyers. Buyer will be responsible for the shipping costs of the repaired product shipped back to the buyer.
14. LIMITATION OF LIABILITY: Under no circumstances shall MoonwalkUSA be liable for any incidental, consequential, punitive, reliance, delay or special damages, losses or expenses arising from this confirmation of order or MoonwalkUSA's or buyer's performance or nonperformance, or any acts or omissions of MoonwalkUSA, or in connection with the use of, or inability to use, the goods for any purpose whatsoever.