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The following terms and conditions of sale govern all purchases from SureShot Books (“SureShot Books”). To the extent that these terms conflict with or differ from those contained in any purchase order or other procurement documents of Buyer, these terms will control. Buyer’s acceptance of, or payment for the goods shall conclusively affirm Buyer’s assent to these terms.

Delivery

SureShot Books shall use its judgment to determine the most cost-effective packaging sufficient to protect the products in accordance with SureShot Books Standard Shipping Policies. Title and risk of loss or damage pass upon tender of delivery of the product to the carrier. SureShot Books will arrange for transportation and insurance at Buyer’s expense, upon request by Buyer. The ship date is an estimate and is subject to change; customer agrees that time is not of the essence. Additionally, please note when sending books to prisoners or magazines for inmates that only USPS can typically be utilized. Any price that is stated or quoted includes only the products specified and is firm only for the period stated. Taxes shall be the responsibility of Buyer.

Acceptance of Orders

All orders are subject to acceptance by SureShot Books at its place of business.

Force Majeure

SureShot Books will not be responsible or liable for any loss, damage, or delay caused or occasioned by acts of God, transportation delays, accidents, fire, strike, civil or military authority, by the requirements of any statute, order or directive of any governmental authority, or by any other cause beyond SureShot Books reasonable control.

This includes institutional acceptance when you send books for inmates. Also, be aware that when you send magazines to an inmate in a foreign language, there can be a delay or rejection.

Inspection

Buyer shall promptly inspect the products upon receipt and shall notify SureShot Books and the carrier in writing of any nonconformity or defect within 5 days following receipt by Buyer. All merchandise Buyer deems nonconforming must be maintained and stored in original shipping cartons until claim is resolved. In the event Buyer does not act within the time limit, Buyer agrees that it shall be conclusively presumed to have accepted the products and to have waived any defect discoverable upon reasonable inspection.

Warranty/Disclaimer

All products are warranted to conform to their specifications. SureShot Books will replace, at its expense, any products that are found to be nonconforming, provided that Buyer gives written notice of the nonconformity within the warranty period. Buyer may be required to return nonconforming products to SureShot Books at its facility in Nyack, New York, U.S.A. or to the point of original shipment, whichever is specified by SureShot Books authorized agent. SureShot Books will ship replacement product to Buyer, freight prepaid, to any location in the continental United States. This warranty shall be void in case of mishandling or failure to maintain the product in accordance with SureShot Books recommendations. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR OBLIGATIONS, EXPRESS OR IMPLIED. SureShot Books EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SureShot Books BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, SUSTAINED FROM ANY CAUSE RELATING TO THE PRODUCT OR ARISING OUT OF ANY LEGAL THEORY, WHETHER CONTRACT, NEGLIGENCE OR STRICT TORT LIABILITY. BUYER’S EXCLUSIVE REMEDY FOR BREACH OF WARRANTY IS REPLACEMENT OR REFUND, AT SureShot Books OPTION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SureShot Books BE LIABLE TO BUYER FOR ANY CLAIM, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT TORT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE PRODUCTS SOLD, IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE SUBJECT PRODUCT. ANY LAWSUIT BY BUYER AGAINST SureShot Books, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES, ARISING OUT OF OR RELATING TO THE SUBJECT PRODUCT, SHALL BE FILED WITHIN ONE YEAR FROM SHIPMENT OF THE SUBJECT PRODUCT BY SureShot Books.

Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to the New York conflict of laws principles. The parties expressly disclaim the United Nations Convention on Contracts for the International Sale of Goods and this Agreement will not be governed by the provisions thereof. The parties agree that any claim asserted in any legal proceeding by one party against the other shall be commenced and maintained exclusively in state or federal court located within Rockland County, New York. Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum. The prevailing party in any litigation arising out of or relating to this Agreement will be entitled to recover all reasonable attorney’s fees and other expenses (in addition to statutory “costs” of litigation), including attorney’s fees and expenses in connection with any trial, appeal, or petition for review.

Export Restrictions

Buyer at all times shall comply with United States laws and regulations governing export control. Buyer shall not use, lease, or sell any products purchased from SureShot Books in any country, or to any purchaser or lessee in any country, other than the country of destination specified in Buyer’s order, except in a manner expressly permitted by such laws and regulations.

Returns

Products may be returned to SureShot Books only with SureShot Books prior written authorization. Returns shall be subject to SureShot Books return policies, which SureShot Books may change from time to time.

Precedence

These terms and conditions take precedence over Buyer’s additional or different terms and conditions. SureShot Books agreement to sell products to Buyer, and any acceptance by Buyer, are specifically limited to these terms and conditions. In the absence of Buyer’s signature on this agreement, Buyer shall be bound by all of these terms and conditions: (a) 10 days after Buyer receives these terms and conditions unless written notice of objection is given to SureShot Books within the 10-day period; (b) when Buyer issues any instructions to SureShot Books and SureShot Books makes a substantial beginning of commitments for their procurement; or (c) with respect to any products for which payment has been made and accepted or which Buyer has received and accepted.

ENTIRE AGREEMENT

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT PRODUCTS. ANY REPRESENTATIONS, PROMISES, WARRANTIES OR STATEMENTS THAT DIFFER IN ANY WAY FROM THE TERMS OF THIS AGREEMENT SHALL BE GIVEN NO FORCE OR EFFECT. ANY PROVISION OF ANY PURCHASE ORDER SUBMITTED BY BUYER THAT CONFLICTS WITH ANY OF THESE TERMS SHOULD NOT BE BINDING UPON SureShot Books. THIS AGREEMENT MAY NOT BE MODIFIED EXCEPT IN WRITING SIGNED BY SureShot Books.


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