F&I Roller LLC – Terms and Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE (“SALE AGREEMENT”) VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH F&I Roller LLC. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN)
Important Information About This Legal Contract

This Sale Agreement is a legal contract between the Customer and F&I Roller LLC. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site, by telephone, facsimile or otherwise. (References to “you” or “your” shall relate to the Customer; references to “F.I.R.” shall relate to F&I Roller LLC and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Customer and F.I.R. relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by F.I.R.. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.

Governing Law

THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. IN THE EVENT, AND FOR WHATEVER REASON, SHOULD THE ARBITRATION CLAUSE ABOVE BE INAPPLICABLE, THEN CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN SAN DIEGO COUNTY, CA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.

Title; Risk of Loss

Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by F.I.R. is F.I.R.’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.

Export Sales

If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country.

General Legal Disclaimer

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, F.I.R. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
REFUND OF PRICE PAID OR REPLACEMENT OF PRODUCT IS YOUR EXCLUSIVE REMEDY Pricing and Information Disclaimer
All pricing is subject to change. For all prices, products and offers, F.I.R. reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While F.I.R. uses reasonable efforts to include accurate and up-to-date information on the Site, F.I.R. makes no warranties or representations as to the Site’s accuracy. F.I.R. assumes no liability or responsibility for any errors or omissions in the content on the Site.

Limitation of Liability

F.I.R. 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. F.I.R. WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, F.I.R. IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

Orders; Payment Terms; Interest; Taxes

Terms of payment are within F.I.R.’s sole discretion, and unless otherwise agreed to by F.I.R. payment must be received by F.I.R. prior to F.I.R.’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by F.I.R. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. F.I.R. may invoice parts of an order separately. Orders are not binding upon F.I.R. until accepted by F.I.R.. Any quotations given by F.I.R. will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

Freight Policy

Shipping and handling charges on all orders vary; contact your F.I.R. Customer Service for our most current and competitive rates, options and shipping specials.

Return Policy

All products shipped by F.I.R. have a 30-day money back guarantee less shipping and handling. Return authorization numbers must be received from Customer Service and written on the shipping box. Please contact Customer Service with any questions about F.I.R.’s money back guarantee. The above mentioned money back Guarantee & Return Policy applies to Internet and TV purchases directly from F&I Roller LLC only.

F.I.R. reserves the right to authorize product returns beyond 30 days from the invoice date. IF the product is accepted after 30 days, credit will be issued toward FUTURE PURCHASES ONLY.

Severability

If any provision of this Sale Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.

Acceptance

By ordering any product from F.I.R., whether by over the Internet, telephone, facsimile or otherwise, the Customer agrees to be bound by these Terms and Conditions of Sale, as well as any other Contract terms contained elsewhere on the FireIceTherapy site.

Credit Cards

Credit card charges are processed online after ordering the products and/or services.