Terms of Sale
Last Updated: 01/01/2019
PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PURCHASING ANY PRODUCTS PROVIDED BY XTREME SOLUTIONS, INC., OR OUR SUBSIDIARIES OR AFFILIATED COMPANIES, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SALE, DO NOT MAKE ANY PURCHASES THROUGH OUR WEB SITE.
Xtreme Solutions, Inc., and our subsidiaries and affiliated companies (collectively, “Xtreme Solutions” or “we“), may make products available to you for purchase through our website (the “Site“). Your purchase of any products through the Site is governed by these Terms of Sale (“Terms of Sale“) and our Site Terms which can be found by following the links under “Select a Topic” at https://www.877askxtreme.com/FAQs (“Site Terms”), and are incorporated herein by reference. Terms with their initial letters capitalized and not otherwise defined in these Terms of Sale will have the meaning given to them in our Site Terms.
We reserve the right to change these Terms of Sale at any time and in our sole discretion. If we make any changes, we will provide you with notice, such as by sending an email, providing notice through the Site or updating the date at the top of these Terms of Sale. These changes will not apply to products you have already purchased, but your continued purchase of products through the Site will confirm your acceptance of such changes. We encourage you to frequently review these Terms of Sale prior to making any purchase through the Site to ensure you understand the terms and conditions that apply to your purchase of products through the Site. If you do not agree to the amended Terms of Sale, you must stop purchasing products through the Site.
If you have any questions regarding these Terms of Sale or purchases made through our Site, you can contact us by emailing sales@877askxtreme.com .
1. Pricing; Availability; Taxes
All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. A product appearing on the Site does not guarantee that product’s stock or availability. In some cases, we may have to cancel a placed order when we determine a product is no longer available. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates.
You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Xtreme Solutions reserves the right to collect such taxes or other fees from you at any time.
2. Errors
We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
3. Pre-Orders
We may offer you the ability to pre-order a product before it becomes available. If you choose to pre-order a product, we will not charge you until the product becomes available and we can ship your order.
4. Out-of-Stock Items
If the color, size or other features of a product you would like to purchase is not shown, or is not selectable, in the relevant drop-down box or list of options on the product’s information page, then the color, size or other features is not available for purchase. In the event that the specific product that you would like to purchase is unavailable, please check our Site at a later time as our inventory of products is subject to change.
5. Shipping & Handling; Export
You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. In general, we ship all products by economy ground delivery, which may be provided by any number of shipping service providers, unless otherwise indicated on the applicable product page or otherwise directed by you. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All orders placed through the Site are shipment contracts, not destination contracts. Any shipping or delivery dates or times shown on the Site are estimates only and actual delivery dates and times may vary. We are not liable for any claims or damages resulting from any delays to your receipt of goods. You will not obtain or direct shipment of any product purchased through the Site for export. If Xtreme Solutions offers “free shipping” on qualified orders, it is solely the responsibility of the customer to select the option for free shipping prior to check-out and payment. Xtreme Solutions cannot/will not refund any monies pertaining to shipping.
6. Payment; Credit for Refunds
Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). When you provide your payment information, you authorize us (or a third party service provider working on our behalf) to process and store your payment and other related information. If the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically at any time. You are responsible for resolving any problem we encounter in order to proceed with your order.
7. Returns and Exchanges
Please refer to our Refund and Return Policy at
https://877askxtreme.com/faqs/ for general refund and return information and instructions. Notwithstanding anything to the contrary in this Agreement or with respect to any Xtreme Solutions warranty policy, you may not return open, used or partial consumed products.
9. Complaints and Legal Notices
All complaints and legal notices should be mailed to Xtreme Solutions, Inc., Attn: Customer Service, 111 Harding Ave. Bellmawr, NJ 08031.
Email notices may be sent to sales@877askxtreme.com.
10. Limited Warranty
Xtreme Solutions products may be returned or service fees refunded in accordance with our Return Policy https://877askxtreme.com/faqs/. Certain manufacturers may offer a limited warranty on their products, and any such warranty is offered solely through the applicable manufacturer and not by Xtreme Solutions. Any claim made for a breach of that warranty must be made through the manufacturer. XTREME SOLUTIONS’ SOLE EXPRESS WARRANTY CAN BE FOUND AT http://877askxtreme.com/faqs/ RETURNS-POLICY, WHICH SUPERSEDES ANY REPRESENTATIONS AND UNDERSTANDINGS CONCERNING THE PRODUCTS THAT YOU RECEIVE FROM XTREME SOLUTIONS. OTHER THAN PROVIDED IN THIS SECTION 10 AND ANY MANUFACTURER’S STANDARD WARRANTY APPLICABLE TO ANY PRODUCT, ALL PRODUCTS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND XTREME SOLUTIONS, ON BEHALF OF ITSELF AND ITS LICENCORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF PRODUCTS.
This warranty gives you specific legal rights, and you may have other rights, which vary from state to state. Some states do not allow us to disclaim certain warranties or to place limitations on how long an implied warranty lasts, so some or all of the limitations and disclaimers set forth in this section may not apply to you.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by MidwayUSA.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XTREME SOLUIONS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF XTREME SOLUTIONS, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH XTREME SOLUTIONS AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Xtreme Solutions agree to arbitrate any dispute arising from these Terms of Sale or the sale and purchase of products from Xtreme Solutions in accordance with the Terms of Service located at https://877askxtreme.com/terms-of-sale pertaining to “Dispute Resolution and Binding Arbitration”, except that you and Xtreme Solutions are NOT required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. PLEASE READ THE TERMS OF SERVICE CAREFULLY, AS ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
13. Severability
If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.
