Terms & Conditions
Application of Terms & Conditions of Sale
1.1 These terms and conditions govern the order by Client and the sale by Infinite Fairway LLC ("Infinite Fairway LLC" or "Seller") of any product (collectively, the "Product"). Additional terms accompanying the Product apply but in case of conflict, these Terms and Conditions prevail.
1.2 By ordering the Product on the Infinite Fairway LLC website or otherwise, the Client agrees that these Terms and Conditions govern the contract between Infinite Fairway LLC and the Client, superseding any other terms provided by the Client.
1.3 "Client" refers to any person or entity ordering products from Infinite Fairway LLC.
1.4 These Terms and Conditions of Sale supersede any pre-printed terms on Client's orders and any previous communications related to the Product or these terms, and cannot be amended by Client without Infinite Fairway LLC's written consent.
Orders & Payment Terms
2.1 Orders require valid payment and must be made by a method accepted by Infinite Fairway LLC.
2.2 Infinite Fairway LLC reserves the right to cancel orders, reimbursing sums paid by the Client, without further liability.
Product Availability
3.1 Availability may be limited. Products ordered may not be available for immediate delivery. Infinite Fairway LLC reserves the right to revise or cease availability of the Product and may substitute similar Products with Client consent.
Prices, Shipping, Handling & Taxes
4.1 Infinite Fairway LLC ships globally, subject to feasibility. The Client is responsible for all taxes and duties. Orders are processed within 24-48 hours on business days.
4.2 Shipment is insured by Infinite Fairway LLC.
Risk of Loss or Damage & Delivery
5.1 Title passes to Client upon full payment. Risk of loss passes to Client upon dispatch from Infinite Fairway LLC's premises.
5.2 Delivery dates are estimates only.
Returns
6.1 Sales are final except as provided herein. Commercial lease purchases are final.
6.3 Unsatisfied Clients must notify Infinite Fairway LLC within 7 days of delivery. Returns must be shipped within 7 days from reception with immediate tracking number provision.
6.5 Clients bear shipping and insurance costs for returns.
Exclusion & Limitation of Liability
Infinite Fairway LLC's maximum liability shall not exceed the total price paid by the client. Infinite Fairway LLC is not liable for consequential or incidental damages.
Act of God
Performance may be suspended due to force majeure without liability.
Arbitration, Governing Law & Jurisdiction
These Terms and Conditions shall be strictly and exclusively construed in accordance with the laws of the State of Utah and the federal laws of the United States applicable therein, without regard to principles of conflict of laws and specifically excluding the provisions of the 1980 UN Convention on Contracts for the International Sales of Goods. Without limiting the foregoing, the Client irrevocably and unconditionally agrees that any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction under them must be decided by binding arbitration in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held in Utah, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
In the event that arbitration is deemed impracticable, any suit, action, or legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be brought in the federal or state courts located in [Your State], USA. The Client consents to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection to the laying of the venue in such courts. The Client also waives any right to assert the defense of forum non-conveniens in any such suit, action, or proceeding.
No Assignment
Client may not assign its rights or obligations under this Agreement without the express written consent of Infinite Fairway LLC.
Severability
If any provision or provisions of these Terms and Conditions be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Language
These Terms and Conditions are drafted in English.
Intellectual Property
13.1 All Industrial Property relating to the Product is the exclusive property of Infinite Fairway LLC.
13.2 All Trademarks are the exclusive properties of Infinite Fairway LLC.
13.3 Client agrees not to impair the rights of Infinite Fairway LLC regarding the Trademarks.
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