THESE TERMS AND CONDITIONS APPLY TO ALL SALES by Procricket Gear. The words “we” and us”
and “our” refer to Procricket Gear.
The words “you” and “your”
refer to the buyer. YOU SHOULD REVIEW CAREFULLY THESE
TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES,
AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. BY KEEPING
AND USING THE PRODUCT YOU AGREE THESE TERMS AND CONDITIONS
are part of the agreement between you and us.
IF YOU WISH NOT TO AGREE TO THESE TERMS, YOU
HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE PRODUCT with its original
packaging undamaged and in condition to be resold by us;
see Returns and Exchanges below.
WARNING - High Risk Activity
Products sold by us include equipment and gear for
use in Cricket training and competition. Your participation
in any of these activities is at your own risk. You
should consult with a physician before participating in any
of these high-risk activities. Read and follow specific warnings and
instructions on products and in product literature or inserts. Save
these documents for reference.
ASSUMPTION OF THE RISK and AGREEMENT TO INDEMNIFY
You understand and agree that Cricket training and
competition are high risk activities and, to the fullest extent permitted
by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME
THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE
PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE
OR OTHER FAULT OF US, including but not limited to
equipment malfunction from whatever cause or any other fault of us.
Additionally, you agree to indemnify, defend and hold
us and our agents and shareholders harmless from any
third party claims arising from such High Risk Activities.
AS-IS SALE - Limited Replacement Warranty
Except as stated in this paragraph, you agree that
our agreement is that - (1) The goods are being sold
on an "AS-IS" and "with all faults" basis; (2) The
entire risk as to the quality and performance of the goods is with you;
and (3) Should the goods prove defective following their purchase, you
assume the entire cost of all necessary servicing or repair. We
warrant our products to be free from defects in materials and workmanship
for a period of 90 days from date of purchase, provided they have not
been subjected to abuse, neglect or misuse. Our sole
liability is limited to repairing or replacing products that are returned
prepaid to us within this 90-day period, unless specific
product literature specifies otherwise. Books and videos cannot be refunded
once the seal is broken. Our warranty as to books and
videos is limited to exchange for the same title if the tape or book
proves defective. See our Return and Exchange Policy
below for more information.
THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED
OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF
PROCRICKET GEAR. NEITHER ASSUMES,
NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY
IN CONNECTION WITH THE SALE OF PRODUCTS. THE ABOVE LIMITED WARRANTIES
SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE,
ALTERATION, ABUSE, OR MISUSE. THE TERM “ORIGINAL PURCHASER”
AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY
SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY
WITHIN THE BOUNDARIES OF THE UNITED STATES AND CANADA.
Limitation of Liability
As set forth above under the limited warranty provisions, our
liability is limited to repair or replacement of the products which
are returned to us prepaid in the specified period
of time. In no event shall our liability exceed the
price which you paid for the product. To the fullest
extent permitted by law, we shall not be liable for any special
or consequential damages resulting from the purchase or use
of any product sold by us.
Use and misuse of products sold by us involves serious risks including
injury, disability and death. You and all users and participants
assume all risk of injury. We cannot and will not be responsible
for the misuse or unauthorized and improper use of products we
Product descriptions, typographic, pricing and photographic errors are
unintentional and subject to correction. We regret, but are not liable
for such errors. We reserve the right to reject any
orders placed for a product listed at an incorrect price. If you
discover an error in our website or catalog, please let us know.
Returns and Exchanges
New merchandise (not washed, worn, altered or soiled) and suitable for
resale may be returned for exchange or a refund within 14 days of purchase.
If new merchandise is returned within 15 - 60 days of purchase there
is a 15% restocking charge; after 60 days, goods will not be accepted
for refund or exchange. No returns are accepted on custom or clearance
items. . Wrap merchandise securely
and return via U.P.S, R.P.S, Fed Ex, or insured parcel post. All merchandise
sold as sets must be returned as sets. You will be
credited by the original method of payment A check or money order for
shipping and handling charges must accompany all exchanges. Merchandise
returned for exchange without a check or money order to cover shipping
and handling will be charged to your credit card or
sent out COD with appropriate charges. Allow 2 to 4 weeks on all returns
for exchange, refund or credit.
Applicable Law and Arbitration of Disputes
Your order from and all sales by us
shall be governed in all respects by the laws of the State of Texas,
U.S.A., without its choice of law provisions, and not by the 1980 U.N.
Convention on contracts for the International sale of goods. All sales
are subject to disclaimers and limitations of liability set forth herein.
YOU AGREE that jurisdiction and venue for resolution
of any dispute involving a claim not exceeding $5,000.00, whether in
contract or in tort, directly or indirectly arising out of or relating
to a sale by us will be in the small claims division
of the Superior Court of Texas, for Harris County. YOU AGREE
that resolution of any such claim exceeding $5,000.00 shall be exclusively
and finally by arbitration subject to the provisions of the Texas code
of Civil Procedure concerning arbitration (starting at section 1280)
and the rules of the American Arbitration Association applicable to
the claim at the time arbitration is commenced. Such arbitration shall
occur in Harris County, Texas, before a sole arbitrator. Any award rendered
in any such arbitration proceeding shall be final and binding on each
of the parties, and judgment may be entered thereon in a court of competent
jurisdiction. A small claims court action or an arbitration,
as the case may be, to pursue any cause of action or claim you may have
with respect to the purchase or use of our products
or any other claim related to the use of our website
or catalog must be commenced within ONE (1) YEAR after
the claim or cause of action arises. Our failure to
enforce strict performance of any provision of these terms and conditions
shall not be construed as a waiver of any provision or right. Neither
the course of conduct nor trade practice shall act to modify any of
these terms and conditions.