Buyer, as identified in the order, agrees that:
1. All sales are final as of the date of delivery.
2. Unless otherwise agreed to in writing, Buyer affirms that Buyer has not relied on Seller's skill or judgment to select or furnish goods for any particular purpose. The sale of all products is made WITHOUT ANY WARRANTY BY SELLER THAT THE GOODS ARE SUITABLE FOR ANY PARTICULAR PURPOSE.
3. Unless otherwise agreed to in writing, Buyer accepts full responsibility for the installation of the products sold to buyer.
4. All goods sold to buyer, unless otherwise agreed to in writing, are warranted to be free from defects in workmanship and materials for a period of 90 days. No other express warranty is given and no affirmation of Seller, by words or action, will constitute a warranty.
5. Unless specified in these terms of sale or unless otherwise agreed to in writing,
IT IS AGREED THAT THE INTENT OF THE PARTIES IS TO DISCLAIM ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO ALL PRODUCTS AND GOODS SOLD TO BUYER, AND THE BUYER AGREES THAT BUYER WILL ACCEPT THE GOODS WITHOUT ANY WARRANTY OF MERCHANTABILITY.
6. Both parties agree that seller will accept the return of the products sold if actually received in Seller's possession within 60 days of the date of actual delivery and upon the condition that the buyer has paid for all shipping costs incurred for the return of the products, provided that Seller will refund the actual cost of the product minus shipping costs and sales tax paid by the Seller as well as a twenty five percent restocking fee.
7. Unless otherwise specified in writing, Seller makes no representation that any product sold has been certified by any laboratory or government certification process.
8. This writing constitutes the entire contract between the parties and exclusively determines the rights and obligations of the parties, any prior course of dealing, custom or usage of trade, or course of performance notwithstanding.
9. Unless agreed to in writing, customer is solely responsible to comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities as well as all foreign authorities that may apply to the import or expert any product sold by Ecojohn.
10. Customer may not and will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with any Ecojohn product whether in whole or in part, or create any derivative works from or of the Ecojohn Products.
11. Unless otherwise agreed to in writing, there is a 7-day free cancellation policy from the day of purchase. A twenty five percent cancellation fee will be charged to customer if cancellation of purchase takes place after the 7-day period.
12. The construction and performance of this contract shall be determined by the laws of The State of California, USA. Both parties agree that should a dispute arise concerning the sale or use of any product sold by Seller, jurisdiction shall be in the Orange County Superior Court, Superior Court of the State of California.
ECOJOHN, INC.
A California Corporation
