This Retail Purchaser End User Agreement (“Agreement”) governs your retail purchase and use of products from TAB Liquids (“Company”). BY PURCHASING AND USING THE PRODUCT, YOU (“CUSTOMER”) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE PRODUCT, AND RETURN THE PRODUCT AS IF THE ITEM WAS DEFECTIVE (PARAGRAPH III) WITHIN THIRTY (30) DAYS OF RECEIVING SAME.
I. BY ORDERING THIS PRODUCT, YOU AGREE YOU ARE 18 YEARS OF AGE OR OLDER
This Agreement is acknowledged and agreed to by a person over the age of eighteen (18) years. If you do not meet this requirement, please return the product as if the item was defective (Paragraph III) within thirty (30) days of receiving same. There are no exceptions to this policy.
II. MONEY BACK GUARANTEE
Due to the fact that our product is a consumable and cannot be repackaged or resold we do not offer a money back guarantee.
III. DISCLAIMER OF WARRANTIES
Company makes no representations or warranties of any kind, express or implied, as to the materials, products, software or services included, unless otherwise specified in writing. You expressly agree that your use of this product is at your sole risk.
To the full extent permissible by applicable law, Company and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this product. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
V. GOVERNING LAW
The Customer and The Company AGREE THAT THIS AGREEMENT, THE PURCHASE AND USE OF THE PRODUCT, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND Company arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement, Customer’s purchase or use of the Product, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAW and VENUE SHALL BE PROPER ONLY IN DALLAS, TEXAS.
ALL Orders will be shipped within 1-2 business days.
All shipments by Company are F.O.B point of shipment from Company’s facility. Subject to Company’s right of stoppage in transit, deliver of the product(s) to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. Company will make reasonable efforts to initiate shipment and schedule deliver as close to possible to Customer’s requested delivery date, if applicable. However, Company will not be held liable for failure to deliver on such dates. Company reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle customer to cancel other installment(s). Delivery of any product within thirty (30) days after the date requested will constitute timely delivery.