PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from EliteCaddy LLC. for EliteCaddy ("Products") sold in the United States. By accepting delivery of the Products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH ELITECADDY, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER ELITECADDY STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in EliteCaddy's sole discretion.
OTHER DOCUMENTS
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) that are 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 EliteCaddy.
GOVERNING LAW
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Shipping Charges; Taxes
Separate charges for shipping and handling will be shown on EliteCaddy's invoice(s), if applicable. Standard shipping charges within the continental U.S. include shipping via DHL Ground or similar service. Customer may choose alternate carrier at additional charges. International shipments can be made with a mutually agreed carrier and at the customer's expense. Unless Customer provides EliteCaddy with a valid and correct tax exemption certificate applicable to the product ship-to location prior to EliteCaddy's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order. If applicable, a separate charge for taxes will be shown on SpaCom's invoice.
Warranties
THE LIMITED WARRANTIES APPLICABLE TO ELITECADDY-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS AS WELL AS ON OUR WEBSITE WWW.ELITECADDY.COM , AND THERE ARE NO WARRANTIES FOR SERVICES. ELITECADDY MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN ELITECADDY'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND ELITECADDY WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON ELITECADDY'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. ELITECADDY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELITECADDY'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THE APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. WE WILL NOT PAY FOR: LOSS OF USE OF YOUR PRODUCT OR PROPERTY DAMAGE CAUSED BY YOUR GOLF TROLLEY PRODUCT OR ITS FAILURE TO WORK; ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, MISUSE OR MODIFICATION OF THE PRODUCT OR OTHERWISE NEITHER YOU NOR ELITECADDY SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
EliteCaddy reserves the right to modify its warranty at any time, in its sole discretion.
Return Policy
EliteCaddy Products that are purchased directly from EliteCaddy by an end-user Customer may be returned by Customer in accordance with our return policy. Unused items in new condition and in original packaging only may be returned for full credit within 7 days of purchase, excluding shipping and handling charges. Please contact us at support@elitecaddy.com with an order number and reason for the return before shipping the item back. All returns must have an assigned Return Authorization number clearly written on the outside label to be accepted. It is recommended that you insure the item before returning it. For returns after the initial return period a restocking charge of 20% of the original purchase price excl. shipping & handling charges applies. Customer is fully responsible to cover original and return shipping and insurance charges.
Exchanges
From time to time, EliteCaddy may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with SpaCom's exchange policies in effect on the date of the exchange.
Products
EliteCaddy's policy is one of on-going product update and revision. We may revise and discontinue products at any time. We 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 catalogue are possible. All parts are factory new, unused unless otherwise described or ordered by the Customer.
Limitations of Liability
ELITECADDY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR THE PROVISION OF SERVICES AND SUPPORT ELITECADDY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND SUPPORT CUSTOMER RECEIVES UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, ELITECADDY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS AGREEMENT,
Applicable Law
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States.
Service and Support
SpaCom will provide general telephone service and support to Customers in the United States, and in selected international countries in accordance with the then-current service and support policies and conditions in effect. However, SpaCom's support personnel may not be able to understand or resolve any given problem, and hereby excludes any obligations or liabilities arising from a given problem not solved by SpaCom. SpaCom has no obligation to provide service or support until SpaCom has received full payment for the Product or services and support that Customer purchased.
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