Warranty
The Putts Perfect™ game includes a 1 Year Warranty from date of purchase against seam and/or valve leakage. Our Quality Assurance program dictates that all units are inflated and pressure tested at the factory for a period of 24 hours prior to packaging to insure minimal defects. This warranty does not cover punctures that may happen to the product due to misuse, neglect, improper storage, stripping of valve threads, or any other event that causes a puncture in the unit or damage to the valve. Please contact Putts Perfect Inc. to discuss how to make a warranty claim and how to repair, or receive a replacement course. Putts Perfect, Inc. reserves the right to inspect the product at our facility and to make a final determination of warranty validity. All decisions of Putts Perfect, Inc. are final. Cost of shipping in both directions is customer responsibility.
Terms & Conditions
1. Acceptance
Putts Perfect, Inc (hereinafter referred to as PPI) accepts and confirms your order for the items, goods and products described on the Sales Invoice or Confirmation of Order. You agree to the Terms and Conditions of Sale set forth below.No different or additional terms are acceptable by PPI unless agreed on in writing and signed by PPI. These terms and conditions are exclusive and in lieu of all other Terms and Conditions that may be appearing on buyer’s order form, buyers order documents, or elsewhere and apply to all quotations made and orders accepted by PPI unless specifically stated to the contrary on the face of PPI’s confirmation of order document. PPI is not responsible for typographical or clerical errors made in any quotations, orders or PPI publications.
2. Payment
For standard items that are in stock, payment is due in full at the time of order. For custom orders, payment shall be made as follows: 50% deposit at the time of order acceptance, and the balance is due prior to the date of shipping the item to the customers. Shipping date will be provided to the buyer by PPI on the as soon as possible. All funds for payment shall be in U.S. dollars in the form of cashier’s check, money order, wire transfer, or credit / debit card. Deposits, but not final payment, may be made in the form of buyer’s check, payable to PPI. PPI does not accept, or ship, COD orders or COD payments.3. Shipment
Unless otherwise stated, all items that are in stock at the time of order will ship from our warehouse in Los Angeles, CA via UPS. Customer may state the preferred shipping speed, i.e. ground, air, next day, etc…, at the time of order, and pay for it with the entire purchase at that time.Larger orders may be shipped via common carrier at customers expense.
PPI will work with your freight forwarded to assure the smooth shipment of orders shipping outside of the United States. In the event of larger International Orders, we may ship directly from our factory in China.
Buyer at all times assumes sole responsibility for all costs and expenses relating to cost of transit for the shipment including, but not limited to, insurance, freight forwarding fee’s, customs expenses, duties, taxes, etc.
All Domestic shipments requiring Common Carrier Services will ship Freight Collect. A handling fee may be added to the cost of freight.
International Shipments will ship Freight Collect, unless otherwise indicated and agreed to specifically my PPI.
All risk of loss passes to buyer when PPI delivers the order, or any portion thereof, to the carrier.
PPI suggests that buyer purchase Shipping/Freight Insurance at the time of shipping your order.
4. Delivery
Products in stock will generally ship within 48 hours of order placement.Custom Order delivery dates will be quotes based on the specifics of the intended concept, and the requirements of the buyer.
PPI shall not be liable for damage or for delay in delivery arising from causes beyond its control and without its fault or negligence including, but not limited to, acts of god, acts of government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or delays, and severe weather. If the delay is caused by the delay or default of a subcontractor of PPI and if such delay arises from causes beyond the control of either PPI or the subcontractor, PPI shall not be liable to buyer in damages.
5. Limited Warranty
PPI provides buyer a limited repair and replacement warranty and agrees and warrants only that the products, identified by category below, will be fit for their intended purpose, merchantable, and without material defect in workmanship and materials for the period and types of product specified as follows:The Putts Perfect™ game includes a 1 Year Warranty from date of purchase against seam and/or valve leakage. Our Quality Assurance program dictates that all units are inflated and pressure tested at the factory for a period of 24 hours prior to packaging to insure minimal defects. This warranty does not cover punctures that may happen to the product due to misuse, neglect, improper storage, stripping of valve threads, or any other event that causes a puncture in the unit or damage to the valve. Please contact Putts Perfect Inc. to discuss how to make a warranty claim and how to repair, or receive a replacement course. Putts Perfect, Inc. reserves the right to inspect the product at our facility and to make a final determination of warranty validity. All decisions of Putts Perfect, Inc. are final. Cost of shipping in both directions is customer responsibility.
Please note that each Putts PerfectTM game is handcrafted to very high standards. Due to the specific manufacturing process we employ, each airframe can vary in length by as much as 1-1/2”. As a result, there may be some slight variations in how each turf fits into the airframe. Turfs will generally not be a perfect fit due to these variations and therefore are not a covered Warranty Item.
6. Inspection
Buyer shall inspect the product(s) promptly after receipt and shall notify PPI in writing of any claims, including claims of breach of warranty, within fifteen(15) days after buyer discovers or should have discovered the facts upon which the claim is based.Failure of buyer to give written notice of a claim within the inspection time period shall be deemed to be a waiver of a claim for defective products, a waiver of the right to reject the goods, and conclusive proof that the product(s) were received by buyer without defect(s).
7. Disclaimer
The provisions of paragraph 5 are PPI’s sole obligation and PPI excludes all other remedies or warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, and all warranties arising from the course of dealing or usage and customs of the trade, whether or not said purposes or specifications are described herein. PPI further disclaims any responsibility whatsoever to buyer or to any other person for injury to person or damage to or loss of property or value caused by any product which has been subjected to misuse, negligence, or accident; or misapplied; or modified or repaired by unauthorized persons; or improperly installed or maintained.8. Limitation of Liability
Under no circumstances shall PPI be liable for any incidental, consequential, punitive, reliance, delay or special damages, losses or expenses arising from this confirmation of order or PPI’s or buyer’s performance or nonperformance, or any acts or omissions of PPI, or in connection with the use of, or inability to use, the goods for any purpose whatsoever. In any and all events, if PPI is found liable for damages, notwithstanding the limitations and exclusions of paragraphs 7 and 8, PPI shall not be responsible for damages to any person or entity, including but not limited to buyer and buyer’s customers, for an amount exceeding the amount paid by buyer for the products ordered and confirmed by this confirmation order.9. Tolerances
All dimensions stated in the marketing materials or elsewhere pertaining to products sold by PPI are approximate and within industry tolerances.10. Patents
PPI products are currently Patent Pending under U.S. and International Patent Laws. We will enforce our intellectual property rights at all times. PPI makes no warranty that the goods will be delivered free of the rightful claim of any third party by way of infringement or the like.11. Modifications
on Custom Orders: Prices are subject to adjustment if buyer requests changes in specifications, quantities, or delivery requirements. All paragraphs of this confirmation of order shall apply to the goods to which such changes apply, and no modification of the terms and conditions hereof shall be binding on PPI unless contained in a writing signed by PPI and expressly stating both that such terms are being modified and the nature of such modification. This order cannot be changed within the 30 Day period prior to the projected shipment date unless PPI and buyer mutually agree to an appropriate change order fee and an appropriate new shipment date, if applicable.12. Cancellation of Custom Orders
Buyer may cancel this order, in whole or in part, upon written notice to PPI at least 30 days prior to the projected ship date.On any Custom Order that is canceled, Buyer will be subject to cancellation charges, which charges shall be the sum of (1) the price of all raw goods ordered or processed, whether in house processed or out of house processed, raw materials ordered or purchased in any form, printing expenses, and any other components that may have been delivered and not previously paid for, plus (2) the actual cost incurred by PPI that is properly allocatable to the goods not delivered at the time of decrease or cancellation, including, without limitation, the cost of components and materials purchased for use in producing such goods, plus (3) the profit, and reasonable overhead that PPI would have made from full performance by PPI, plus (4) the costs of engineering, prototypes, testing, tooling, and similar items produced for buyer, plus (5) the reasonable costs incurred by PPI in making settlement and effecting collection hereunder. In no event will the fee for buyer’s ultimate cancellation of an order be less than FIFTY percent (50%) of the total order.
13. Returns Policy
Buyer must call and obtain a Return Merchandise Authorization number. (RMA#)For any unopened and/or unused items purchased from PPI and returned for reasons unrelated to a warranty claim, a restocking fee of twenty-five percent (25%) of the price of the item(s) returned will be paid by buyer. Products must be in resalable condition and include all original packing materials.
14. Taxes
All charges may be subject to the Federal, State and/or Local taxes, if any, pertinent at the point of delivery. Buyer shall pay such taxes imposed on this order, and all penalties and interest, if any, accrued therewith.15. Interpretation
The rights and liabilities arising out of this contract with PPI shall be determined under the Uniform Commercial Code (UCC) as enacted in Florida, without application of Choice of Law Rules or the United Nations Convention on contracts for the sale of goods (as to foreign shipments).16. Effect of Breach on Risk of Loss
Breach of this contract by PPI shall have no effect on the provisions controlling the risk of loss of the goods, and sections 2?510(1) and 2?510(2) of the uniform commercial code shall have no effect on this confirmation of order.17. Use and Indemnification
Buyer is solely responsible for the manner of use of the products and other equipment. Buyer is solely responsible for all signage, labels and warnings to consumers or other users of the products and equipment, and for any and all other acts necessary, including user warnings and limitations (e.g., weight, height, age, medical condition limitations), to ensure the safety of the users. Buyer shall use stakes, tie-downs, and other applicable devices necessary to ensure the safety of users. Buyer agrees to indemnify, hold harmless and defend PPI from actions and claims of third parties, including customers of buyer and users of the goods and products sold to buyer, arising out of or in connection with the use of the goods and products herein described or resulting from the breach of the provisions in this confirmation of order by buyer. In the event PPI is required to commence an action to enforce this provision, buyer shall pay all of PPIs’ legal costs and expenses.18. Integration
There are no representations, warranties or conditions, express or implied, statutory or otherwise except those herein contained, and no agreements or waivers collateral hereto shall be binding on either party unless in writing and signed by buyer and accepted by PPI. This confirmation of order contains all of the promises, warranties, terms and conditions of the agreement between the parties and supersedes any and all oral or implied promises, undertakings and prior agreements.19. Governing Law, Jurisdiction and Venue
In the event of litigation between the parties concerning the order or any product shipped to buyer hereunder, such action shall be governed by the laws of Florida, U.S.A. venue shall be in Orange County, Florida, and the action shall be brought in the Florida or Federal Courts of Appropriate Jurisdiction.
