WE HONOR AND VALUE YOU AS A CUSTOMER. WE WORK VERY HARD TO PROVIDE INFORMATION AND PRODUCTS THAT WE HOPE WILL BENEFIT OR HELP YOU IMPROVE YOUR GOLF EXPERIENCE.
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 Agreement contains the terms and conditions that apply to your purchase from the Uncle-Eddys.com entity named on the invoice ("Uncle-Eddys.com") that will be provided to you ("Customer") on orders for products sold in the United States. By accepting delivery of the 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 Uncle-Eddys.COM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER Uncle-Eddys.COM STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any time, in Uncle-Eddys.com's sole discretion. Visit this page to review current Terms and Conditions of Sale which are binding on you.
Other Documents
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 Uncle-Eddys.com.
Governing Law
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF SOUTH CAROLINA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Payment Terms; Orders; Quotes; Interest
Terms of payment are within Uncle-Eddys.com's sole discretion, and unless otherwise agreed to by Uncle-Eddys.com, payment must be received by Uncle-Eddys.com prior to Uncle-Eddys.com's 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 Uncle-Eddys.com Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Uncle-Eddys.com may invoice parts of an order separately. Orders are not binding upon Uncle-Eddys.com until accepted by Uncle-Eddys.com Any quotations given by Uncle-Eddys.com 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. Uncle-Eddys.com reserves the right to limit the order quantity on any product and/or to refuse to ship product to any customer for any reason, or for no reason whatsoever, with or without prior notice.
Shipping Charges; Taxes
Separate charges for shipping and handling will be shown on Uncle-Eddys.com's invoice(s). Unless Customer provides Uncle-Eddys.com with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Uncle-Eddys.com's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for any Uncle-Eddys.com's franchise taxes and taxes on Uncle-Eddys.com's net income. We regularly review State tax regulations to determine if a particular State has sales tax regulations we must comply with. If applicable, a separate charge for taxes will be shown on Uncle-Eddys.com's invoice.
Title; Risk of Loss
Title to products passes from Uncle-Eddys.com to Customer on shipment from Uncle-Eddys.com's facility, Vendor or Manufacturer's facility. Loss or damage that occurs during shipping by a carrier selected by Uncle-Eddys.com is Uncle-Eddys.com's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Loss or damage that occurs during shipping by a carrier selected by a Supplier or Distributor shall be governed by the terms of sale or return policy of the Supplier or Distributor. Title to software will remain with the applicable licensor(s).
Warranties, Disclaimers
Uncle-Eddys.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
Return & Order Cancellation Policies
Uncle-Eddys.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site and in our Return Policy statement found
here. Orders may be cancelled up until being shipped and within 24 hours of being placed. If the order is shipped within 24 hours of being placed and is not cancelled, the order is subject to our Return Policy statement.
Products
Uncle-Eddys.com products that are purchased directly from Uncle-Eddys.com by an end-user Customer may be returned by Customer in accordance with Uncle-Eddys.com's product return policy in effect on the date of the return, shown on the site’s product information page. For products that are not stocked by Uncle-Eddys.com, the Customer and Uncle-Eddys.com are bound by the return policies of the respective Supplier, Distributor or Manufacturer, also shown on the site’s product information page .
Price Definitions and Promotions
"Retail price" is defined as the manufacturer's suggested retail price. "Uncle-Eddys price" refers to the product's non-promotional price on Uncle-Eddys.com. "Sale price" is a limited time promotional price for the product. Uncle-Eddys.com conducts periodic promotions related to shipping, products, and promotional codes. All offers are for a limited time only, and while supplies last. Offers cannot be applied to previous orders. Rain checks are not allowed. Acceptance of promotional codes is at the sole discretion of Uncle-Eddys.com Promotional codes offering percentile discounts shall only apply to the first $1,000 value of the order. Uncle-Eddys.com reserves the right to cancel an order if it believes that a fraudulent or abusive order has been placed.
Limitation of Liability
Uncle-Eddys.COM DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. Uncle-Eddys.COM 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.
Arbitration
Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Uncle-Eddys.com, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Uncle-Eddys.com") 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), Uncle-Eddys.com's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Uncle-Eddys.com. The arbitration shall be held in Richland County, South Carolina at the office of Uncle-Eddys.com, by telephone, or online. 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. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
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. Uncle-Eddys.com has separate terms and conditions governing resales.
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.
Acceptance
By ordering any product from Uncle-Eddys.com, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in the Uncle-Eddys.com site.