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Terms and Conditions of Sale
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This agreement contains the terms and conditions that apply to your purchase from the Crescent, Inc. entity named on the invoice (hereafter known as "Crescent") that will be provided to you (hereafter known as "Customer".) This agreement constitutes a binding legal contract between Crescent and the Customer. These terms and conditions apply to orders of any product sold by Crescent. By ordering from and / or accepting delivery of products from Crescent, the Customer agrees to be bound by these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS BOTH THE CUSTOMER AND CRESCENT HAVE SIGNED A FORMAL PURCHASE AGREEMENT WITH DIFFERENT TERMS - IN WHICH CASE THE SEPARATE AGREEMENT WILL BE IN FORCE. These terms and conditions are subject to change at any time without any kind of notice of any kind, at the sole discretion of Crescent.
Governing Law
Any agreements made, orders taken, and sales made shall be governed by the laws of the state of Tennessee, without regard to conflicts of Laws rules.
Other Documents and Agreements
Any attempt to alter, amend or supplement 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 such terms are agreed to in a written statement signed by both Crescent and the Customer.
Orders, Payment terms, Quotes
Orders are not binding upon Crescent until they are accepted by Crescent. Printing automatic invoices on Crescent's Internet Site, or taking orders by phone does not constitute acceptance. Order is accepted only after being reviewed and determined to be accurate by Crescent at their sole discretion. Crescent is not bound to ship product(s) at prices or with stated features, which have been determined by Crescent to be in error. Determination of error in pricing or description rests solely with Crescent.
Shipping Charges, Taxes
Customer is responsible for all applicable shipping charges and / or taxes associated with the order. Separate charges for shipping and for sales tax, if applicable, will be shown on invoice(s).
Warranties
CRESCENT MAKES NO WARRANTIES - EXPRESS OR OTHERWISE EXCEPT THOSE STATED IN ITS WARRANTY POLICY FOUND ON THE ORDERING INFORMATION PAGE ON THIS SITE. CRESCENT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CRESCENT'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN CRESCENT'S WARRANTY IN EFFECT ON THE INVOICE DATE. Crescent reserves the right at its sole discretion to change or modify its warranty at any time.
Limitation of Liability
CUSTOMER AGREES NOT TO HOLD CRESCENT LIABLE FOR ANY REMEDY BEYOND REPAIR OR REPLACEMENT OF PRODUCT. CRESCENT WILL NOT BE LIABLE FOR LOSS OF BUSINESS, LOST PROFITS, LOSS OF LIFE OR HEALTH, PRODUCT NOT BEING AVAILABLE FOR USE, OR ANY OTHER CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CRESCENT DOES NOT ACCEPT CLAIMS FOR DAMAGES OR LIABILITY BY ANY THIRD PARTY FOR ANY REASON. CUSTOMER WARRANTS THAT NO LAWS ARE BEING BROKEN BY PURCHASING FROM CRESCENT'S WEB SITE AND THAT ANY LEGAL EXPENSES RELATING TO SAID PURCHASES OR THAT MIGHT ARISE FROM FAILURE TO OBEY APPLICABLE LAW WILL BE PAID FOR BY, AND IS THE RESPONSIBILITY OF THE CUSTOMER.
Dispute Resolution
Any dispute or controversy arising out of or relating to this agreement or any related purchase will be resolved exclusively and finally by arbitration under the rules of the Better Business Bureau Online (hereafter knows as "BBB".) Any decision rendered in such arbitration will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. The arbitration shall be limited solely to the dispute between the Customer and Crescent. The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorney's fees. The BBB may be contacted at http://www.bbb.org.
Return Policy
Customer agrees to abide by the Crescent's return policy in effect on the date of the invoice.
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