Buyer expressly agrees that Pure Sports Technologies Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Pure Sports Technologies.
acceptance of orders
Pure Sports Technologies may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.
Unless otherwise indicated on the face of the invoice, all prices are quoted on a per dollar basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Pure Sports Technologies under any other agreement.
Unless otherwise agreed in writing signed by officer of Pure Sports Technologies , all delivery dates are estimates Pure Sports Technologies shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Pure Sports Technologies be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Pure Sports Technologies failure to deliver Product by the specified date.
transportation and risk of loss
The method and route of shipment are at Pure Sports Technologies discretion unless Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when Product is delivered to the selected carrier, even if Pure Sports Technologies made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.
cancellation or modification
Any order placed with and accepted by Pure Sports Technologies may be canceled by Buyer only upon Pure Sports Technologies approval in writing signed by an officer of Pure Sports Technologies and upon terms that indemnify Pure Sports Technologies against any loss. Pure Sports Technologies will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred. Pure Sports Technologies will not accept cancellations of special orders of non-standard, non-price list products. Pure Sports Technologies may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.
Pure Sports Technologies charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your order. Prices for the Products do not include charges for shipping and handling. Any such tax or governmental charge will be added to the total invoice amount. All prices are FOB Seller’s facilities. Applicable freight costs will be added to the invoice.
warranty and disclaimer
Pure Sports Technologies warrants that the purchased product is free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.
Pure Sports will provide a one-time bat repair or replacement within one year for qualifying bats from the date of purchase. The guarantee covers breakage or cracking that result from normal usage. Abuse such as hitting anything other than a ball can damage your bat and will void the warranty, our bats are designed with the intent of individual use. They are not designed to be a team bat. This warranty is limited to one bat per original purchase and can only be redeemed by the original purchaser. Pure Sports reserves the right to refuse warranty service to any person who, in the sole discretion of Pure Sports, abuses the products and/or our warranty policy. The customer will pay for shipping the bat back to Pure Sports.
We take extreme pride in our reputation for quality innovative bats, excellent value and unsurpassed customer service.The Pure Sports warranty covers all manufacturing defects from NORMAL individual player usage, including cracking or breaking, loose or detached end of bat and rattling. While Pure Sports tries to ensure that our bats as manufactured meet the certification requirements of various governing associations, we cannot guarantee that our bats will remain certified after any association makes changes to its certification standards and/or procedures; as such changes are beyond our control.
What the warranty does not cover:
The policy does not cover 1. Bats that have been doctored, altered or mistreated. This includes but is not limited to shaving, and rolling. 2. Bats that have been used outside their intended market category e.g. slowpitch bats used for baseball. 3. Bats that have been used in a commercial batting cage or for team batting practice. Pure Sports will inspect the returned product and determine if the product damage was caused by normal use and that there is no evidence of misuse, doctoring, heating, abuse of deception. Pure Sports reserves the right to inspect the bat including destructive testing. Pure Sports has the right to report any doctored bat to the applicable association. Under no circumstances shall Pure Sports be liable for special, indirect, incidental, or consequential damages, whether the claim is based upon warranty, contract, negligence, strict liability or other cause of action. The warranty is provided only to the original individual, and cannot be assigned or transferred. Pure Sports make no other warranties or claims outside what is listed implied or otherwise.
limitation of liability
Buyer acknowledges and agrees that Pure Sports Technologies liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on Pure Sports Technologies liability hereunder shall apply even if Pure Sports Technologies liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action as accrued.
return of material
Upon delivery of Product, Buyer shall have five (5) days to inspect Product and notify Pure Sports Technologies, in writing, of any defective goods or other cause for rejection. Buyer agrees that five (5) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such five (5) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.
Buyer shall defend, indemnify and hold harmless Pure Sports Technologies and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in product caused by any alteration or modification thereof by Buyer with or without Pure Sports Technologies consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label product or Buyer’s improper labeling of product regardless of whether the labeling was done with or without the advice of Pure Sports Technologies, or any act or omission of Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.
Payment by credit/debit cards shall be made by a credit or debit card approved by Pure Sports Technologies. Approved credit and debit card types are listed on the website. You have to supply your payment card details when you place your order.
governing law and arbitration
These Sales Terms shall be governed and construed in accordance with laws of the State of South Carolina, USA.