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TERMS AND CONDITIONS of SALE

Last updated: July 13, 2018.
Please read these Terms and Conditions (“Terms and Conditions of Sale”, “Terms”, or “Terms and Conditions”) carefully before purchasing any products from the https://mitty-walters.com/ website (“Online Catalog”) operated by MoBetter Productions Inc (“me”, “I” ,  “my”, or “Seller”).
Your access to products and/or services (“Product”, “Goods”) available for purchase on this website is conditioned on acceptance of and compliance with these Terms. These Terms apply to all purchases made on this site, unless otherwise specifically agreed to in writing by me in a separate purchase agreement with you.
If you disagree with any part of these Terms, DO NOT PURCHASE ANYTHING FROM THIS WEBSITE. By continuing forward and purchasing Product on this site you agree to be bound by these Terms.

PRICES/SHIPPING CHARGES/PAYMENT TERMS

  • Prices are obtained from my most recent published Online Catalog. I reserve the right to change prices without notice, and those prices on the most recent published Online Catalog at the time an order is accepted will apply. Payment for the Products will be made by credit card, check, or wire transfer. All Product prices are quoted in U.S. Dollars and are exclusive of all taxes (except taxes levied against my income), including state and local use, sales, property (ad valorem), and similar taxes. When applicable, such taxes shall be added to the total purchase price.
  • Your order is subject to cancellation by me, at my sole discretion. In the event that any item(s) are for any reason out of stock, discontinued, or not available for delivery, my sole liability shall be limited to the refund of the purchase price for any such item(s). I am not responsible for pricing, typographical, or other errors in the Online Catalog and I reserve the right to cancel any orders resulting from such errors.
  • Shipment costs may be added to the purchase price.

SHIPMENTS, RISK OF LOSS, TITLE

All delivery dates are estimated and I will make a reasonable effort to meet any delivery date(s) quoted or acknowledged. However, I will not be liable for my failure to meet such date(s). Loss or damage that occurs during shipping by a carrier arranged by me is my responsibility. You must notify me within 72-hours of the date of delivery if you believe any part of your purchase is missing, wrong, or damaged. Title to shipped products and risk of loss shall pass to you at the my delivery point to you.

WARRANTY/RETURNED GOODS POLICY

  • NO WARRANTY/NO RETURNS/REFUNDS WHATSOEVER, except in the event that I ship the wrong Product according to the order.
  • THE WARRANTY SET FORTH ABOVE IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  • If you notify me within 72-hours of receipt of the Product that the Product is non-conforming or defective, the I shall have commercially reasonable time in which to repair or replace the Product with conforming items. If I is unable to repair or replace the Product, before returning the item to me, you MUST obtain a Return Merchandise Authorization number from me or no credit will be given for Product returned.

LIMITATION OF LIABILITY

IN NO EVENT SHALL I BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF PROFITS, LOSS OF DATA, COST OF COVER), OR PUNITIVE DAMAGES. TO THE EXTENT I AM HELD LEGALLY LIABLE TO YOU, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, MY TOTAL LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCT AT ISSUE.

GOVERNING LAW / ARBITRATION / MISCELLANEOUS

  • This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, USA, without giving effect to the conflict of law provision thereof. The parties hereby disclaim the applicability of the 1980 U.N. Convention on the International Sale of Goods. This Agreement constitutes the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations or offers, written or oral. This Agreement may be amended only in writing, signed by an authorized representative of each party.
  • Any unresolved disputes between the parties relating to or arising from this Agreement shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”) before a single neutral and competent arbitrator selected in accordance with the AAA Rules. Such arbitration shall be conducted in the English language. Unless otherwise agreed to by the parties, the Arbitration shall be held in the city of Jacksonville, Florida. Each party shall bear their own cost and expense or arbitration, regardless of which party or party prevails. The arbitration shall be conducted in accordance with the following time schedule unless otherwise mutually agreed to in writing by the parties: (i) no later than thirty (30) days after the appointment of the arbitrator, the arbitrator shall schedule a hearing on the dispute and (ii) within thirty (30) business days after the date of the hearing referenced in clause (i), the arbitrator shall render a decision. The decision or award of the arbitrator shall be final and binding upon the parties, and to the same extent and to the same degree as if the matter had been adjudicated by a court of competent jurisdiction and shall be enforceable under the Federal Arbitration Act.

PRODUCT DESCRIPTIONS & OTHER INFORMATION PROVIDED

MoBetter Production Inc attempts to be as accurate as possible. However, MoBetter Production Inc does not warrant that product descriptions nor other content contained on this website is accurate, complete, reliable, current, or error-free. If a product offered on this website is not as described, your sole remedy is to return it in unused condition.

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