

Please read this section carefully, as these provisions provide for the resolution of disputes through the use of binding arbitration on an individual basis, and also include certain waivers, including waivers of all class actions, class arbitrations, jury trials, and the right to proceed in court (other than arbitration). The provisions of the foregoing paragraphs that impose a damages limitation of one hundred dollars ($100) or otherwise prohibit damages to be multiplied or increased, do not apply in those states, including without limitation to consumers within the state of New Jersey or other states of the United States which do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or another type of damages. To the fullest extent permitted under applicable law, by purchasing one or more products from Contego and agreeing to these terms and conditions, you voluntarily agree that you have relinquished your right to seek damages from Contego as and to the extent stated herein and that the agreement to accept such limitations reflects a reasonable allocation of risk. Except as is otherwise prohibited by applicable law, the limitations set forth herein shall apply to any theory of legal liability, including, among all others, breach or repudiation of contract, violation of statute, violation of common law, tort, negligence, gross negligence, recklessness, intentional misconduct, strict liability, or any other claim or damage for any type of civil liability, or based upon any other legal theory and irrespective of whether damages, actual or otherwise, are deemed to exist. In addition, you agree that the maximum collective liability of Contego for all claims, causes of action, losses, or damages, however arising and by way of whatever type of proceeding, shall be no greater than one hundred dollars ($100). Customer agrees that the Liquidated Damages are reasonable in proportion to the probable damages likely to be sustained by Contego if Customer does not take shipment of its product on or before the Maximum Deferral Date, that the amount of actual damages Contego may sustain in such event is incapable of precise estimation, and that retention of the Deposit as Liquidated Damages is not intended to constitute a penalty for any purposes. Accordingly, Contego and Customer agree that if Customer does not take shipment of product on or before the Maximum Deferral Date, then we may keep the amount of the Deposit as and for liquidated damages (the "Liquidated Damages"). Customer agrees with us that if Customer does not take shipment of product on or before the Maximum Deferral Date, our damages would be material, uncertain and not readily ascertainable. Purchases made with a credit card are subject to a 3% surcharge.įAILURE TO TAKE DELIVERY BEFORE MAXIMUM DEFERRAL DATEĬustomer acknowledges that its obligation to take shipment of product on or before the Maximum Deferral Date is a material term of this Agreement.

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The total order amount, including sales tax and shipping and delivery charges, must be made in full prior to shipment, and fifty percent (50%) of said amount (the "Deposit") must be made at the time the order is placed. dollars, are valid and effective only in the continental U.S. Those items are not included with product purchase.Īll prices and services featured on our website are quoted in U.S. Some of our products have been photographed with other items.

We reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions even after an order has been submitted or the order has been confirmed and your credit card charged or payment is made by any other method.

All items shown on our website are only available from us.Įvery effort has been made to ensure the accuracy of prices, item numbers, availability, and dimensions however, we cannot be responsible for typographical errors. In some cases, however, products on our website may be out of stock or on back order or may be discontinued without notice. We carry the products displayed on our website.
