Terms of Sale

 

Terms of Sale

These terms and conditions (the "Terms") constitute a legally binding agreement between Cascadia Ready LLC, an Oregon limited liability company doing business as Cascadia Quake Kits (the "Company") and the buyer of the Company's products (the "Customer"). These Terms apply to the Customer’s online or in- person purchase of the Company’s earthquake preparedness kits (“Kit” or “Kits”). Except as otherwise expressly provided, these Terms are subject to change at any time with prior notice to the Customer.

  1. Products Subject to Substitution. Products advertised on Company’s website or in its written materials are subject to change at any time and without prior notice to Customer, and may be substituted with a comparable product in any Kit.

  2. Packaging. Product(s) in Kits may be delivered in the manufacturer’s packaging or may be removed from such packaging prior to placement in a Kit. Product packaging may appear differently than as displayed on the Company’s website.

  3. Shelf Life Products. The Company passes through all shelf life parameters and expiration dates from the Manufacturer to the Customer.

  4. Availability/Shipping. All shipping dates are estimates rather than fixed dates. Due to the nature of its business, the Company cannot guarantee shipping or delivery dates to the Customer.

  5. Pricing; Taxes. Company may adjust Kit pricing at any time. Unless otherwise specified in writing, Kit pricing does not include any applicable sales, uses, gross receipts, governmental, value added, or other taxes imposed. All such taxes, duties and/or service charges imposed are the Customer's sole responsibility. The Company shall pay no taxes on the Customer's behalf.

  6. Returns; Cancellations. Kits may be returned to the Company in new and unused condition within 30 days of purchase; after 30 days, the Company will not accept returns. Customer will pay all shipping costs related to any Kit returns. Company may refuse to accept returned Kits if it deems the condition to be other than new and unused, in its sole discretion. The Customer must promptly inform the Company of any products that are damaged in shipment. If Company accepts the return, Company will refund the purchase price within 30 days. Customers may request cancellation of an order prior to shipment, but the Company cannot guarantee such cancellation will be possible.

  7. Warranty; Limitation of Liability. COMPANY DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND TO THE CUSTOMER. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS OR KITS IT SELLS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MANUFACTURER WARRANTIES, INDEMNITIES OR REMEDIES PROVIDED TO THE COMPANY, IF ANY, AND IF AUTOMATICALLY TRANSFERABLE, WILL PASS THROUGH TO THE CUSTOMER. IF THE MANUFACTURER PROVIDES NO WARRANTY ON ITS PRODUCT, THEN THE CUSTOMER WILL HAVE NO RECOURSE REGARDING THAT PRODUCT, EXCEPT PURSUANT TO THE RETURNS PROVISION UNDER SECTION 6, IF APPLICABLE. IN ANY EVENT, THE COMPANY'S TOTAL

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LIABILITY TO THE CUSTOMER FOR ANY CLAIMS AGAINST IT SHALL BE LIMITED TO A REFUND OF THE PRICE PAID BY THE CUSTOMER FOR ANY PRODUCTS OR KITS, WITHOUT INTEREST, OR, REPLACEMENT OF ANY PRODUCTS OR KITS THAT ARE THE SUBJECT OF CUSTOMER'S CLAIM. IN NO EVENT WILL THE COMPANY BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, ARISING FROM THE COMPANY'S SALE OF ANY PRODUCT OR KIT TO THE CUSTOMER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE CUSTOMER, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO THAT CUSTOMER, AND THAT CUSTOMER MAY HAVE ADDITIONAL RIGHTS. IF THE CUSTOMER IS A CALIFORNIA RESIDENT, THE CUSTOMER WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

8. Assumption of Risk; Waiver and Release. THE COMPANY CANNOT PROVIDE ANY ASSURANCE THAT THE KITS WILL PREVENT CUSTOMER INJURY OR DEATH OR OTHERWISE ENSURE CUSTOMER SAFETY IN THE EVENT OF A NATURAL DISASTER. THE CUSTOMER VOLUNTARILY ASSUMES ALL RISK AND OR DANGER OF PROPERTY DAMAGE, INJURY, DEATH, AND ANY OTHER HAZARDS THAT MAY ARISE FROM THE CUSTOMER'S USE OF THE PRODUCTS OR KITS PURCHASED FROM THE COMPANY. THE CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST THE COMPANY, INCLUDING THOSE BASED ON NEGLIGENCE OR CONTRACT, AND RELEASES THE COMPANY FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY, INCLUDING DEATH, THAT THE CUSTOMER OR ITS EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR ANY OTHER PERSON ASSOCIATED WITH THE CUSTOMER MAY SUFFER AS A RESULT OF THE USE OF THE PRODUCTS OR KITS PURCHASED FROM THE COMPANY.

9. Indemnification. The Customer shall defend, indemnify and hold harmless the Company, its subsidiaries and affiliates, and each of their respective officers, agents, managers, members, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out the Customer’s use of the products or kits sold by the Company to the Customer.

10. Entire Agreement. These Terms constitute the entire agreement between the Company and the Customer and supersede all prior correspondence, negotiations, agreements and understandings between the parties.

11. Compliance with Applicable Laws. The Customer shall comply with all applicable laws and regulations relating to the use of the products or Kits.

12. Arbitration. Any dispute between the Company and the Customer concerning these Terms shall be settled by arbitration before a single arbitrator, using the rules of the Arbitration Service of Portland. Arbitration shall occur in Portland, Oregon. The parties shall be entitled to conduct discovery in accordance with the Federal Rules of Civil Procedure, subject to limitation by the arbitrator to secure just and efficient resolution of the dispute. If the amount in controversy exceeds $10,000.00, the arbitrator’s decision shall include a statement specifying in reasonable detail the basis for and computation of the amount of the award, if any. A party substantially prevailing in the arbitration

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shall also be entitled to recover such amount for its costs and attorneys’ fees incurred in connection with the arbitration as shall be determined by the arbitrator. Judgment upon the arbitration award may be entered in any court having jurisdiction. Nothing herein, however, shall prevent the Company from resort to a court of competent jurisdiction in those instances where injunctive relief may be appropriate, but the parties hereby agree that they have waived any rights to a jury trial for any reason.

  1. Governing Law. These Terms shall be governed by Oregon law, without regard to its conflicts of law provisions.

  2. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions.

  3. Waiver. No failure by the Company to exercise any right, remedy, power or privilege under these Terms shall operate as or be construed as a waiver thereof.

  4. Force Majeure. The Company shall not be liable to the Customer for any failure or delay in fulfilling any Kit delivery when such failure or delay is caused by or results from acts beyond the Company’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of purchase; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities.

  5. Third Party Beneficiaries. These Terms are intended solely for the benefit of the Customer and the Company and shall create no rights or obligations enforceable by any third party, including creditors of the Company, except as otherwise provided by applicable law.

  6. Amendment. Company may modify these Terms at any time with prior notice to Customer. Customer may not modify these Terms except in writing and signed by the Company and Customer.