Terms and conditions

STEWBEK INTERNATIONAL LLC. (“SELLER”)

DBA: Moon Walker Threads

CONDITIONS OF SALE

  1. PRODUCTS:  “Product(s)” mean products of Seller’s resale, or distribution..

 

  1. WARRANTY:

 

  1. Seller warrants Products for a period of 30 days from shipment, at its option, repairs or replaces defective item, however, that Seller does not warrant general wear/tear.
  2. If Product is defective, a replacement can/will be issued and/or refund.
  1. This warranty shall not apply to Product subject to misuse, neglect or accident

 

  1. LIMITATION OF REMEDY:   Seller's   liability, including  that  for  breach  of contract, negligence, strict liability in tort, or otherwise, for its Products and Buyer's exclusive remedy shall be limited to the replacement value of the product. If, in Seller's opinion, replacement will not remedy a claimed Products deficiency   repayment  of  any amounts paid on the purchase price excluding any associated shipping costs will be Seller’s limitation of remedy

 

  1. DISCLAIMER / CONSEQUENTIAL DAMAGES:   

EXCEPT AS SPECIFICALLY PROVIDED HEREIN TO THE CONTRARY, IN NO EVENT SHALL SELLER  BE LIABLE TO THE BUYER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY, OR OTHERWISE, EITHER DIRECTLY OR UNDER AN INDEMNITY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO

 

  1. RETURNS: No product will be accepted for warranty claim when returned without notification to the Seller, products will only be eligible for return if unused and in its original and unopened packaging

 

  1. INDEMNIFICATION: Buyer hereby agrees to indemnify, defend and hold harmless Seller, from and against any and all claims, losses, expenses (including without limitation all costs, demands, damages,  suits, judgments, fines, penalties, liabilities and attorneys’ fees) and causes of action on account of damage to property, disease or injury (including death) to Buyer, Buyers Household and Family, Buyers Pets, Animals whether owned or not owned and causes of action resulting from loss or destruction of property of Buyer, or any party arising out of the performance of this Agreement and whether occasioned by the sole, concurrent or partial negligence, fault, contractual undertakings or strict liability of Seller.

 

  1. GENERAL: (a) representations, warranties, promises, or guarantees not contained herein and/or any modifications to this Agreement  shall have no force and effect unless in writing signed by Seller and Buyer, (b) if any part or provision is deemed to be contrary to, prohibited by, held unenforceable, invalid or in conflict with the laws or regulations of any jurisdiction, such provision shall   be   deemed inapplicable and omitted to the extent contrary, prohibited or invalid, but the validity of the remaining parts or provisions shall not be affected. 

 

  1. ADDITIONAL CHARGES: Seller reserves the right to discontinue or change or modify any Products.

 

  1. GOVERNING LAW: This Agreement shall be governed and construed in accordance with the laws of the State of Texas, excluding its choice of law principles, and any and all questions, claims, or disputes relating to or arising out of this Agreement, or the breach thereof, whether sounding in Agreement, tort or otherwise, shall likewise be governed by the laws of the State of Texas, excluding its choice of law principles. In the event any dispute or difference between Seller and the Buyer the Agreement, or breach thereof, cannot be resolved within thirty (30) days by the Parties using their best endeavors through negotiation with each other, in good faith and understanding of each other’s mutual interests, then the Parties shall be free to settle the dispute in accordance with the laws of State of Texas.  Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instituted in the federal courts of the United States or the courts of the State of Texas in each case located in the city of Houston and County of Harris, and each party irrevocably submits to the jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens.  Notwithstanding the foregoing, in actions seeking to enforce any order or any judgment of any such federal or state courts located in Texas, personal jurisdiction shall be nonexclusive Equitable Relief.  It is expressly agreed that a breach by either Party of the applicable licenses granted or a breach by a Party of their confidentiality obligations under this Agreement may cause irreparable harm to the other Party which harm cannot be adequately compensated in damages.  Therefore, in addition to any and all remedies available at law, a Party will be entitled to seek an injunction or other equitable remedies in the event of any threatened or actual breach or infringement of any or all of the above provisions.  Further, nothing in this Contract shall prevent a Party from taking action before any applicable statute of limitations

 

  1. LIMITATION OF LIABILITY: Notwithstanding any other provision contained herein to the contrary, Seller’s total cumulative liability arising out of or relating to the performance of non-performance of the Agreement shall be limited to the initial Purchase price, and Buyer shall indemnify Seller from all amounts and liability in excess of the stated limitation.