1. Except as otherwise expressly agreed upon in writing by Seller, these Conditions of Sale shall (i) apply to every sale of goods or services by Seller to Buyer, (ii) constitute the entire agreement between Seller and Buyer with respect to the purchase of the goods or services, and (iii) supersede all prior and contemporaneous statements, promises, understandings or agreements of any kind with respect to the sale of the goods or services. Unless otherwise approved by Seller in writing, any provisions to the contrary that may appear on an order form or other documents issued by Buyer shall not be a part of the contract for the sale of the goods or services and are hereby expressly rejected. Seller may modify these Conditions of Sale at any time, and the modified Conditions of Sale shall apply to every subsequent order placed by Buyer.

Definitions

In these Conditions of Sale:

1. Seller means FirehoseToys.com and/or firehosetoys, LLC.
2. Buyer means any person or business that purchases goods or services from Seller

Publications

Unless expressly provided otherwise in writing by Seller, all specifications, drawings and particulars of weights, dimensions and performance characteristics submitted by Seller are only approximations, and all descriptions and illustrations contained in catalogues, price lists and other written material are intended merely to present a general idea of the goods described therein and none of these shall be deemed representations or warranties regarding any goods.

Returned Goods

No merchandise can be returned without Seller’s prior written authorization. Approval of product returns is at Seller’s discretion. Products which are special order are not returnable.

Returned Goods Terms and Procedure

All product returns and warranty claims are subject to the following general terms and conditions:

1. RGA requests must reference Seller’s order number.
2. Product returns can only be made within 30 days of the original delivery of the product to Buyer.
3. Seller reserves the right, in its sole and absolute discretion, to reject an RGA request for any reason at any time.
4. Special orders and custom-made products are not considered normal stock and therefore cannot be returned, except in case of a warranty defect.
5. An RGA is invalid 30 days after its date of issue.
6. All product returns are subject to inspection and acceptance by Seller at its discretion.
7. Seller reserves the right to deny, nullify or cancel an RGA at its discretion.

Warranty Procedure Involving Damage

All claims for damage are subject to the following additional terms and procedure:

1. Seller should be contacted by telephone or in writing directly following the discovery of damage upon receipt of product.
2. The product involved in the claim and/or its installation should not be modified before review by Seller.

Acceptance, Errors & Remedies

1. Buyer has the right to examine any goods supplied by Seller. Upon receipt of the goods, Buyer shall have a reasonable period of time (not to exceed 48 hours) after receipt of the goods to complete its inspection. If any goods are damaged (whether by transit or otherwise) or otherwise defective, Buyer shall notify Seller in writing of the particulars regarding the defects within the forty-eight (48) hour review period.
2. Buyer shall be deemed to have accepted all goods supplied by Seller as being of the description, quality and quantity ordered unless Buyer notifies Seller in writing of the particulars regarding any defects as specified herein.
3. Goods that are specially purchased, manufactured, machined or cut to size or to Buyer’s specifications may not be returned.
4. Seller shall not be responsible for shipment shortages that are verified delivered.

Warranty

1. THE WARRANTY SET FORTH ABOVE CONSTITUTES THE ONLY WARRANTY OF SELLER WITH RESPECT TO ANY GOODS SOLD BY SELLER AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
2. If Buyer believes there is a warranty defect with products sold to Buyer by Seller, Buyer shall (i) immediately notify Seller of such defect, (ii) cooperate fully with Seller’s investigation of the alleged warranty defect, and (iii) comply in full with the return goods procedure.

Limitations on Liability & Indemnification

In addition to limitations and indemnifications set forth above:

1. Except as otherwise provided in these Conditions of Sale, in the Company’s most recent published warranty or by applicable law, Seller shall have no liability, whether in contract, tort or otherwise, for (i) any alleged defects in goods provided by Seller to Buyer, or (ii) for any injury, damage or loss Buyer or any person claiming through Buyer may suffer or incur that arises from or relates to any allegedly defective goods.
2. Notwithstanding any other provisions of these Conditions of Sale to the contrary, Seller shall not be liable to Buyer, whether in contract or tort (including negligence) or under any other legal theory, for exemplary or punitive damages or any indirect, consequential or punitive loss, damage, cost or expense of any nature (even if advised of the possibility of such loss, damage, cost or expense), including, without limitation, any economic loss or damage, any expense, and any loss of business, profits or revenue, goodwill, anticipated savings, operation time or contracts.

Governing Law

These Terms and Conditions must be governed by and construed in accordance with the laws of the State of Texas. Any suit relating hereto, with respect to Seller, must be filed in the courts in the State of Texas, USA.

Waiver

If, on any occasion, Seller waives any term or condition, this waiver is not to be construed as a continuing waiver.

Severability

If any provision of these Terms and Conditions or the application thereof to any person or circumstance is held invalid to any extent, then the remainder of the Terms and Conditions or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of these Terms and Conditions shall be valid and enforced to the fullest extent permitted by law.

Future Documents

THESE TERMS AND CONDITIONS CONTAIN THE ENTIRE PROVISIONS GOVERNING THE PURCHASE OF PRODUCTS BY BUYER FROM SELLER. ANY ADDITIONAL, DIFFERENT, OR INCONSISTENT TERM OR CONDITION CONTAINED IN ANY FORM OF PURCHASE ORDER, NOTICE, ACCEPTANCE, OR CONFIRMATION USED BY BUYER OR SUBMITTED BY BUYER TO SELLER IN CONNECTION WITH THE PURCHASE OF ANY MATERIALS FROM SELLER WILL BE OF NO FORCE OR EFFECT WHATSOEVER AND THESE TERMS AND CONDITIONS SHALL GOVERN THE SALE OF GOODS SOLD TO BUYER.  THESE TERMS AND CONDITIONS MAY BE AMENDED OR MODIFIED ONLY BY A WRITTEN INSTRUMENT SEPARATELY SIGNED BY BUYER AND SELLER. NO AGENT, SALESPERSON, OR DISTRIBUTOR HAS ANY AUTHORITY TO OBLIGATE SELLER BY ANY TERMS, STIPULATIONS OR CONDITIONS NOT HEREIN EXPRESSED.