Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER (HEREAFTER KNOWN AS "YOU"),
AND AUNTMINNIE.COM (HEREAFTER KNOWN AS "AUNTMINNIE"). YOU ARE AGREEING TO
BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS BELOW,
PROMPTLY RETURN THE UNOPENED PRODUCT TO AUNTMINNIE, FOR A CREDIT OR REFUND OF THE
PURCHASE PRICE PAID.
LIMITED WARRANTY
If any product sold to you is defective, AuntMinnie's SOLE obligation, and YOUR
SOLE REMEDY, will be to provide you with a replacement, but only if you first
return the defective product to AuntMinnie. EXCEPT AS SET FORTH IN THIS PARAGRAPH,
THE PRODUCT IS SOLD TO YOU "AS IS" WITHOUT ANY OTHER WARRANTY OF ANY NATURE. The
warranty set forth above will be void and of no force or effect if the failure of
such defect resulted from accident, abuse or misuse. In any such event, AuntMinnie
will have no responsibility to you in connection therewith.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE EXTENT PERMITTED BY LAW,
AUNTMINNIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE
PRODUCTS PROVIDED HEREUNDER, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARISING OUT OF OR IN CONNECTION WITH THE
PERFORMANCE OF THE PRODUCT.
LIMITATION OF LIABILITY
A. IN NO EVENT SHALL AUNTMINNIE OR ITS AFFILIATES, SUPPLIERS, OR AGENTS BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES
WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES RESULTING FROM
LOSS OF THE USE OF THE PRODUCT OR ANY OTHER PECUNIARY LOSS) HOWEVER CAUSED,
INCLUDING NEGLIGENCE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT
OR TORT, EVEN IF AUNTMINNIE HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY THEREOF. AUNTMINNIE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN
PERFORMANCE DUE IN WHOLE OR IN PART TO ANY CAUSE BEYOND THE REASONABLE CONTROL
OF AUNTMINNIE. IN NO EVENT SHALL AUNTMINNIE OR ITS AFFILIATES, SUPPLIERS OR
AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO ANY CLAIMS MADE BY
YOU WITH RESPECT TO PATIENT CARE ISSUES.
B. The Product is not a "consumer product." However, should a court of competent jurisdiction determine that the Product is a "consumer product" under applicable law, then implied warranties, if any, are limited in time to a period of ninety (90) days after you receive the Product. After that time, all implied warranties are expressly disclaimed. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
C. IN NO EVENT SHALL AUNTMINNIE'S TOTAL LIABILITY FOR DAMAGES HEREUNDER EXCEED THE PRICE THAT YOU PAID FOR THE PRODUCT.
AUNTMINNIE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ANY CLAIMS OR DAMAGES ARISING FROM ANY USE OF THE PRODUCT.
GOVERNING LAW
This Agreement is governed by the laws of the State of Arizona, and any
litigation relating to this Agreement must be brought in Tucson, Arizona.
MISCELLANEOUS
This Agreement represents the complete and exclusive statement of the agreements
between the parties and supersedes all prior agreements and representations
between you and AuntMinnie. It may be amended only in writing executed by both
parties. THE ACCEPTANCE OF ANY PURCHASE ORDER OR INVOICE PLACED OR SUBMITTED BY
YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS AND CONDITIONS SET
FORTH IN THIS AGREEMENT, AND AUNTMINNIE AGREES TO FURNISH THE PRODUCT ONLY UPON
THESE TERMS AND CONDITIONS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER OR
INVOICE. If any provision of this Agreement is held to be ineffective, unenforceable,
or illegal under certain circumstances for any reason, such decision shall not
affect the validity or enforceability (1) of such provision under other
circumstances or (2) the remaining provisions hereof under all circumstances
and such provision shall be reformed to and only to the extent necessary to make
it effective, enforceable, and legal under such circumstances.
Should you have any questions concerning this Agreement, or if you desire to contact AuntMinnie for any reason, please write or call AuntMinnie at:
AuntMinnie.com
Attn: Open Market
1350 N. Kolb Road, Suite 215
Tucson, Arizona 85715
Phone: +1 800-462-0544
Email: [email protected]
