Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY
TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement contains the terms and conditions that apply to purchases by Home,
institutional and school customers from the Heavyweight entity named on the
invoice ("Heavyweight") that will be provided to you ("Customer") on orders
for basketball/or related products sold in the United States. You agree to be
bound by and accept this agreement as applicable to your purchase of product(s)
or service(s) from Heavyweight. By accepting delivery of the Basketball
Systms and/or other products described on that invoice, Customer agrees to be
bound by and accepts these terms and conditions.
THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE
FORMAL PURCHASE AGREEMENT WITH HEAVYWEIGHT, IN WHICH CASE THE SEPARATE
AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER HEAVYWEIGHT STANDARD TERMS APPLY
TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at
any time, in Heavyweight's sole discretion.
Other Documents. Other than as specifically provided in any separate formal
purchase agreement between Customer and Heavyweight, these terms and
conditions may NOT be altered, supplemented, or amended by the use of any
other document(s). Any attempt to alter, supplement or amend this document
or to enter an order for product(s) which is subject to additional or
altered terms and conditions will be null and void, unless otherwise agreed
to in a written agreement signed by both Customer and Heavyweight.
Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY
THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Payment Terms; Orders; Quotes; Interest. Terms of payment are within Heavyweight
sole discretion, and unless otherwise agreed to by Heavyweight, payment must
be received by Heavyweight prior to Heavyweight acceptance of an order.
Payment for the products will be made by credit card, wire transfer, or some other
prearranged payment method unless credit terms have been agreed to by Heavyweight.
Invoices are due and payable within the time period noted on the invoice, measured
from the date of the invoice. Heavyweight may invoice parts of an order
separately. Orders are not binding upon Heavyweight until accepted by Heavyweight.
Any quotations given by Heavyweight will be valid for the period stated on the
quotation. Customer agrees to pay interest on all past-due sums at the highest rate
allowed by law.
Shipping Charges; Taxes. Separate charges for shipping and handling will be shown
on Heavyweight invoice(s). Unless Customer provides Heavyweight with a valid
and correct tax exemption certificate applicable to the product ship-to location
prior to Heavyweight acceptance of the order, the Customer is responsible for
sales and all other taxes associated with the order, however designated, except
for Heavyweight franchise taxes and taxes on Heavyweight net income. If
applicable, a separate charge for taxes will be shown on Heavyweight invoice.
Title; Risk of Loss. Title to products passes from Heavyweight to Customer on
shipment from Heavyweight facility. Loss or damage that occurs during shipping
by a carrier is insured by the carrier and Heavyweight will secure any damage
claims from carrier for compensation. Customer is not responsible for shipping loss
or damage UNLESS CUSTOMER OR CUSTOMER REPRESENTIVE SIGNS SHIPPING BILL OF LADING
WHICH STATES THAT ALL GOODS ARE BEING ACCEPTED IN GOOD ORDER. Customer should check
all cartons carefully and open if necessary prior to signing the shipping bill of
lading because this can cancel all shipping insurance. Heavyweight does not
guarantee estimated delivery dates of our products delivered by contracted shipping
Limitation of Liability. Heavyweight DOES NOT ACCEPT LIABILITY BEYOND THE
REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE
FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. Heavyweight WILL NOT BE
LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT,
OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT
FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Heavyweight
IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR
AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. ULTIMATELY THE
CUSTOMER IS LIABLE FOR PRODUCT SELECTION DECISIONS. PRODUCT SUGGESTIONS BY STAFF
AND OR THE WEBSITE ARE OPINIONS ONLY.
Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT,
OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY,
COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST Heavyweight, its
agents, employees, successors, assigns or affiliates (collectively for purposes
of this paragraph, "Heavyweight") arising from or relating to this Agreement,
its interpretation, or the breach, termination or validity thereof, the
relationships which result from this Agreement (including, to the full extent
permitted by applicable law, relationships with third parties who are not
signatories to this Agreement), Heavyweight advertising, or any related purchase
SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY
Arbitrator of Heavyweight choice. Any award of the arbitrator(s) shall be final
and binding on each of the parties, and may be entered as a judgment in any court
of competent jurisdiction. HOWEVER, THAT THIS BINDING ARBITRATION REQUIREMENT DOES
NOT APPLY TO CLAIMS AGAINST Heavyweight ARISING UNDER THE APPLICABLE WRITTEN
WARRANTY. SUCH CLAIMS MAY BE PURSUED IN ANY COURT OF COMPETENT JURISDICTION.
Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws
and regulations of the various states and of the United States. Customer agrees
and represents that it is buying for its own internal use only, and not for resale.
Heavyweight has separate terms and conditions governing resales.
Heavyweight may cancel orders placed by anybody associated with a competitor.
Competitors are identified at Heavyweight's discretion.
All dimensions, sizes, and colors of products may vary from descriptions online
or in printed materials.
Returns will not be accepted if the product is not in new condition. All parts
must be accounted for before we will accept a return. All products returned to
Heavyweight are subject to a 20% re-stocking charge plus any shipping charges
incurred to and from the customer. Products returned after a 10 day period after
the purchase date will not receive any refund unless they are found defective by
Heavyweight. The customer is responsible for scheduling and accepting delivery
of his order within 3 days of being contacted by the shipping company. Customer
will be responsible for all shipping costs and storage costs resulting from the
non-delivery. Backorder dates, delivery dates and transit times are estimated
and not guaranteed. Order cancellations are suject to 2% fee to cover credit
card processing fees.
Headings. The section headings used herein are for convenience of reference only
and do not form a part of these terms and conditions, and no construction or
inference shall be derived therefrom.