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By placing your order, the following terms
and conditions apply:
Exclusive
Remedies and Limitations on Liability.
The products and services provided hereunder are warranted
for one year from the date of your order against defects in
materials and workmanship. Colorado Cases makes no other
warranties whatsoever regarding any of the products provided
hereunder including, without limitation, any warranty of
merchantability or fitness for a particular purpose, and
hereby expressly disclaims all warranties. Colorado Cases
shall, when possible, assign to buyer the benefits of any
warranties or similar protections provided to Colorado Cases
by Colorado Cases’ vendors or suppliers. Colorado Cases’
entire liability and buyer’s exclusive remedy against
Colorado Cases for the performance or non-performance of any
obligation under this order or any other damages or losses
of any nature whatsoever arising out of or in any way
associated with this order shall be limited to, at Colorado
Cases’ sole option, replacement or repair of the defective
product or a refund. Regardless of whether Colorado Cases
has been advised of the possibility of such damages, in no
event shall Colorado Cases be liable for (a) loss of time,
anticipated profits, business, revenue, goodwill or
anticipated savings or other losses incurred in connection
with the purchase, sale, possession, operation or use of the
products of Colorado Cases, such claims being expressly
waived: (b) for incidental or consequential damages directly
or indirectly arising from the use or inability to use the
products, either separately or in combination with other
products; (c) routing errors in the shipment of products;
(d) damages resulting from physical injury to tangible
property or death or injury of any person whether arising
from Colorado Cases’ negligence, breach of contract or
otherwise; or (e) failure in performance of the products due
to causes of any nature beyond Colorado Cases’ control.
Because some jurisdictions do no allow the exclusion or
limitation of liability, the above limitation may not apply
to buyer. Colorado Cases shall not be liable for any delays
in delivery or for failure to perform its obligations due to
causes beyond its control. Buyer shall obtain all necessary
licenses, permits and approvals with respect to the
products.
Arbitration.
Any dispute or claim arising out of or relating to your
order shall be submitted to binding arbitration in
accordance with the Colorado Uniform Arbitration Act of
1975, as now in effect and as hereafter amended. Any such
arbitration shall be held in either the City and County of
Denver or Boulder, Colorado. Your order and all rights and
obligations hereunder, including matters of construction,
validity, and performance, shall be governed, construed and
enforced in accordance with Colorado law.
Severability.
To the extent any provision of your order is determined by
an arbitrator to be unenforceable, such provision shall be
modified to the extent necessary to make such provision
legally enforceable to the fullest extent permitted by law.
If such provision is found to be prohibited by law, even
after such modification, such provision shall be stricken
from your order without invalidating the remaining
provisions of your order.
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