Terms and Conditions of Sale
Exclusion of all warranties except goods that are of a specified type and quality. MaxJax expressly warrants that the goods are of the type and quality as specified and except as otherwise provided, the quality of the goods shall be in accordance with MaxJax specifications and warranty. The foregoing warranty is in lieu of all other warranties including the warranties of fitness for a particular purpose and merchantability, express or implied, and no other warranty, express or implied, is given or shall be implied by law. Final determination of the suitability of the goods for the use contemplated by buyer is the sole responsibility of the buyer, and MaxJax has no responsibility and makes no warranty or representation in connection with the determination of such suitability. Purchasers of consumer products should note that some states do not allow for the exclusion of consequential damages or the limitation of implied warranties. Consequently, the above exclusion and limitations may not be applicable. This warranty gives the buyer specific rights, and the buyer may also have other rights which may vary from state to state.
- Pricing. At MaxJax USA, we make every effort to offer competitive pricing. However, in the event of any unforeseen conditions in producing this website, or in printing our catalog or circumstances beyond our control, we must advise that all prices are subject to change without notice. We do not make any implications to meet or beat other competitors pricing and will not refund or rebate any difference that may arise from a competitor or MaxJax USA advertising any item shown in this online catalog at any time at a price lower than what is shown in this online catalog.
- Promotions and NEW products will be available time to time on our web site, you will also be notified via Email if you registered to our Newsletter.
- Terms of payment. Payment for all goods is due and payable upon delivery unless other arrangements have been agreed upon in advance. Interest will accrue and be payable on all accounts over thirty (30) days old, interest to be at the maximum rate permitted by law.
- Revocable on nonpayment. If the buyer fails to pay any amount to MaxJax when due, MaxJax, may terminate any previous or future shipments on credit. MaxJax may at any time demand payment on delivery or require payment on tender of shipping documents.
- Acceptance of terms. A quotation, order or contract is not binding until accepted in writing by and officer of MaxJax. Until accepted in this manner, a quotation, order or contract is subject to change without notice.
- Risk of loss or damage. The buyer bears the risk of loss or damage to or destruction of all the goods from the time of their delivery by MaxJax to the carrier for shipment to buyer. All claims for loss, damage or destruction attributable to shipping should be made directly to the carrier and MaxJax shall not be responsible for any such loss, damage or destruction.
- Right of inspection. Buyer shall have the right to inspect the goods at the time and place of delivery, and within fifteen (15) days after such delivery must give written notice to MaxJax of any claim for damage on account of the condition, quality or grade of the goods, and must specify in detail the basis of such claim. Buyer’s failure to comply with the terms of this paragraph shall constitute irrevocable acceptance of the goods and bind buyer to pay the contract price for the goods. All claims must be made prior to the installation of the goods. If the buyer has accepted the goods tendered under this contract in any manner provided in UCC Section 2606, buyer shall have no right to revoke his/her acceptance
- Damages. MaxJax is not liable to any other direct, incidental or consequential damages, including lost profits, even if MaxJax has been advised of the possibility of such damages. When the buyer accepts the goods under this contract and after he has an opportunity to inspect them, buyer is precluded from any further remedy. Buyer assumes all risks and liability for loss damage or injury to property of buyer or others arising out of the use or possession of the goods sold under this contract.
- Cancellation. All product order cancellations must be approved by MaxJax, and may be denied or subject to restocking fees and other charges.
- Product return. Product returns must be made within fourteen (14) days from date of purchase, unless otherwise indicated. All returns require authorization. Customer must call MaxJax or refer to the Returned Merchandise section for instructions. Returned product must be in original packaging, unused, undamaged, and in sellable condition. Proof of purchase is required in all cases. Product returns may be denied or made subject to restocking fees and other charges by MaxJax.
- Excuse for non-performance. All orders are accepted subject to strikes, riots, wars, labor troubles, floods, fires, accidents, delays, contingencies of transportation, government acts, alien invasions, orders and regulations, and any other causes beyond the control of MaxJax, and if any such cause prevents or interferes with the delivery of the goods ordered, the buyer shall accept as full and complete fulfillment of the order such portion of the goods by the order as MaxJax is able, under circumstances, to procure and deliver in accordance with the order.
- Waiver. No waiver of any breach of default under this contract operates as a waiver of any future default whether of a like or different character, except as otherwise provided herein.
- Modification and integration. These terms and conditions between MaxJax and Buyer cannot be modified except by a writing signed by both parties. These terms and conditions constitutes the entire agreement between the parties relating to the sale of the goods and this contract prevails over any and all terms contained in buyer’s purchase orders or acknowledgments thereof unless explicitly stated to the contrary, in writing executed by both parties. The provisions of any purchase order or other instrument of buyer are superseded by the provision of these terms and conditions.
- Choice of law. This contract shall be interpreted and its validity and effect shall be determined in accordance with the laws of the state of California. Any litigation in any way related to this contract shall be brought in Ventura County, California.
- Attorney’s fees. In the event it becomes necessary for MaxJax to retain legal counsel to implement collection procedures or to undertake litigation or to otherwise protect its rights under these terms and conditions, buyer shall pay MaxJax a reasonable sum for attorney’s fees and related costs whether or not litigation proceeds to final judgment.
- Severability. If any provision of this agreement between Parties as applied to any party or to any circumstance, shall be found by a court to be void, invalid or unenforceable, it shall not affect any other provision of this contract, the applications of any such provision in any other circumstance or the validity or enforceability of this contract.
- Arbitration. Any controversy arising out of or relating to this agreement or the making, performance or interpretation thereof shall be settled by final and binding arbitration under the commercial arbitration rules of the American arbitration association then in effect.