AS A VISITOR OF ET ARMS INC. AND PLUMCRAZY FIREARMS (A BRAND OF ET ARMS INC.), YOU ACKNOWLEDGE, ACCEPT, AND AGREE TO
THE FOLLOWING TERMS;
POLICIES
By placing an order with ET Arms Inc. on etarms.us or plumcrazyfirearms.com you are verifying that you have read the
STORE POLICY page of our website and agree to any and all terms listed in that section. You also agree and understand
that we will make no exception to our return policy.
LEGAL
It is the customers responsibility to be aware and abide by all federal, state, and local laws relevant to you and your
purchase. This includes knowing the legal status of all items including but not limited to firearms, ammunition, and
accessories. When placing an order from ET Arms Inc., you are solely responsible for verifying the legality of the
products you are purchasing prior to placing an order. You also agree that if you are unable to have possession of an
item you ordered or if the transfer FFL holder will not transfer your firearm to you, then ET Arms Inc. will not assume
responsibility and terms listed in our Return Policy will apply.
Magazines included with a firearm purchase that violate capacity laws will not be shipped, substituted, or discounted
due to lack thereof.
By purchasing an order from ET Arms Inc., you (Buyer) agree to release the seller (ET Arms Inc.) from any and all
liability, whether criminal or civil, arising from the purchase, ownership, possession, use or misuse of any of our
firearms.
ET Arms Inc. has the right to refuse sale on ANY order placed on our website.
FIREARM PURCHASES
When placing an order for a firearm from ET Arms Inc., you agree to the following:
AFFIDAVIT OF CUSTOMER
- I am not an unlawful user or addicted to any controlled substance.
- By selling to me, ET Arms Inc. is not violating any state or local law or ordinance.
- I have never been, and I am not expected to be convicted in any court of a misdemeanor crime of domestic violence.
- I am not under indictment for and have never been convicted in any court of a crime punishable by imprisonment for over
one year.
- I am not a fugitive from justice.
- I am currently not subject to a restraining order of any kind.
- I have not been adjudicated as a mental defective and I have not been committed to any mental institution.
- I am not an illegal or unlawful alien.
- I have never been, and I am not expected to be discharged from the Armed Forces under dishonorable conditions.
- I am not currently less than twenty-one (21) years old.
- I have not renounced my U.S. citizenship.
- You are NOT a person less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
- You are NOT a person less than 18 years of age for the purchase of a shotgun or rifle.
INDEMNIFICATION AND AGREEMENT TO DEFEND
I fully agree that if any of my representations when making purchases under the Terms of Sale are incorrect or if I fail
to comply with these Terms of Sale, then I will indemnify, defend, save harmless, and release ET Arms Inc. and its
owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from my purchase
from ET Arms Inc..
I fully agree that by placing my order, I release ET Arms Inc. from any and all liability arising from or related to the
products I purchased from ET Arms Inc., including (but not limited to) my or anyone else use of the product, my or
anyone else’s storage of the product, and my or anyone else’s handling or transportation of the product, and I agree to
indemnify, defend, save harmless, and release ET Arms Inc. and its owners, agents, officers, and employees against any
civil liability or criminal prosecution resulting from the products I purchased from ET Arms Inc.
CLASS ACTION WAIVER
You expressly agree that any dispute resolution proceedings, including but not limited to, litigation, arbitration, and
mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By
making this express agreement, you acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of any
right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals,
before a court or other tribunal.
TRADEMARKS
ET Arms Inc. and other marks indicated on our site are trademarks owned exclusively by ET Arms Inc. The use of these
trademarks and trade dress is prohibited if used in connection with the sale of any product that is not ET Arms Inc., in
any manner that seeks to disparage or discredit ET Arms Inc. or in any manner that may cause confusion among our
customers.
COPYRIGHT
ET Arms Inc. and other marks indicated on our site are trademarks owned exclusively by ET Arms Inc. The use of these
trademarks and trade dress is prohibited if used in connection with the sale of any product that is not ET Arms Inc., in
any manner that seeks to disparage or discredit ET Arms Inc. or in any manner that may cause confusion among our
customers.
All content on this website is the exclusive property of ET Arms Inc. Said content includes text, graphics, logos,
icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and
international copyright laws, and we reserve all rights contained therein. In case of dispute or infringement, we will
vigorously defend our rights to this material.
APPLICABLE LAW
By visiting ET Arms Inc., you agree that the laws of the state of Arizona, without regard to principles of conflict of
laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ET Arms Inc..
CHANGES IN POLICY
ET Arms Inc. reserves the right to modify, alter, delete and update these policies at any time we see fit. Such
alterations do not nullify our rights if infringements or breaches occurred under a previous version of these
conditions.
ET Arms Inc. is a licensed business in the State of Arizona. ET Arms Inc. complies with all applicable State and Federal
laws. All products and persons associated with ET Arms Inc. comply with State and Federal restrictions.
1. APPLICABILITY. The following terms and conditions (“Terms
and Conditions”) are deemed part of all quotations, proposals,
acknowledgments, invoices, orders, statements and other documents,
whether electronic or in writing, relating to the sale of goods or services
(“Products”) by ET Arms, Inc., in Lake Havasu City, Arizona
(“Seller") to Seller’s customers (“Buyer”). These terms and conditions,
together with the foregoing documents, constitute the entire contract of
sale and purchase between Seller and Buyer with respect to the
Products, will supersede all previous communications, agreements or
contracts, written or verbal between Seller and Buyer, and no
understanding, agreement, term, condition or trade custom at variance
herewith will be binding on Seller. In the event of a conflict between
or among the terms of documents relating to the Products, the
following order of priority will govern, except where the specific terms
of a document provide otherwise: (a) any applicable order
acknowledgment and invoice; (b) these Terms and Conditions; (c) the
applicable quotation; and (d) the applicable purchase order. No waiver,
amendment or modification of these Terms and Conditions will be
effective unless in writing and signed by an officer of Seller. SELLER
OBJECTS TO, AND IS NOT BOUND BY, ANY TERMS OR
CONDITIONS ON BUYER'S PURCHASE ORDER,
CONFIRMATION FORMS OR OTHER DOCUMENTS, WHICH
ATTEMPT TO IMPOSE UPON SELLER ANY TERMS AND
CONDITIONS AT VARIANCE WITH SELLER'S TERMS AND
CONDITIONS OF SALE SET FORTH HEREIN, AND SHIPMENT
OR OTHER PERFORMANCE BY SELLER SHALL NOT
CONSTITUTE ASSENT TO ANY SUCH INCONSISTENT TERMS.
2. QUOTATIONS. All quotations by Seller are subject to change or
withdrawal without prior notice to Buyer unless otherwise specifically
stated in the quotation. Quotations are made subject to approval by
Seller of Buyer’s credit. Seller shall have no obligation to sell or deliver
Products covered by Seller’s quotation unless and until Seller issues an
order acknowledgement form or upon the shipment of Products by
Seller.
3. TERMS OF PAYMENT. Unless otherwise expressly agreed to by
Seller in writing, terms of payment are cash to be paid in accordance
with the terms of the invoice. Time of payment is of essence. Any
invoice not paid in immediately available funds and in accordance
with the terms of the invoice is subject to a late payment fee of one
and one-half percent (1.5%) per month, or, if such rate exceeds that
permitted by applicable law, then the highest lawful rate. Buyer also
agrees to indemnify Seller for all collection costs on any delinquent
accounts, including, without limitation, attorneys' fees and court costs.
The inspection rights granted to Buyer hereunder will not affect or alter
the payment terms or the timing of Buyer’s payment obligations. Under
no circumstances will Buyer have a right of set-off. Any returned
checks will be subject to a $35.00 service charge
4. CREDIT. All shipments to be made hereunder shall at all times be
subject to the approval of Seller’s credit department. Seller may
invoice Buyer and recover for each shipment made pursuant to these
Terms and Conditions as a separate transaction without regard to any
other purchase order or agreement with Seller. All overdue amounts
must be paid before additional shipments are made, and Seller reserves
the right to cancel any purchase order or refuse to accept or fill any
purchase order then outstanding until all overdue amounts are paid in
full. In the event that Seller, in its sole and absolute discretion, deems
Buyer's credit to be unsatisfactory, Seller shall have the right, in
addition to any of its other remedies, to (a) limit the amount of credit which Seller extends to Buyer
and delay the delivery of Products based
upon such limitations; (b) require full or partial payment in advance,
(c) deliver Products to Buyer C.O.D., or (d) cancel or refuse to accept
or fill any purchase order from Buyer then outstanding or thereafter
placed. Buyer grants to Seller a purchase money security lien interest
in any Products sold to Buyer on credit to secure the payment of such
amounts. Buyer hereby authorizes Seller.to sign any document
required to perfect Seller’s security interest, including financing
statements under the Uniform Commercial Code. Buyer shall
immediately notify Seller. of any event or development that could
reasonably be expected to have a material adverse effect on the assets,
operations or financial condition of Buyer and any change in the senior
management of Buyer.
5. PRICES AND TAX. Prices and other information shown in any
Seller publication (including product catalogs, brochures and
electronic price lists) or provided by Seller verbally are subject to
change without notice and to written confirmation by Seller. Such
publications and verbal quotations are maintained and provided to
Buyer only as a source of general information. Published or quoted
Product prices do not include sales, use, excise, customs, value-added
or similar taxes. Such taxes shall be the responsibility of Buyer and
invoiced as a separate item to be paid by Buyer unless Seller is
provided with a resale tax certificate to support any exemption. Failure
by the Seller to collect any such fees or taxes shall not affect Buyer’s
obligations hereunder, and Buyer shall fully defend, indemnify and
hold harmless Seller with respect to such tax obligations.
6. MINIMUM BILLING CHARGE. Seller shall not accept any
purchase order for any Products where the aggregate price for all
Products listed thereon is less than $100.00, exclusive of all taxes,
shipping, insurance and other costs. Upon Buyer’s request, Seller may
waive the minimum order requirement, subject to an additional $25.00
handling charge. All such Purchase Orders must, and all invoices
related thereto will, list the handling charge as a separate line item.
7. TITLE, RISK OF LOSS, AND SHIPPING TERMS. Unless
otherwise agreed in writing by the parties, deliveries of Products shall
be made F.O.B. Seller's facility in Lake Havasu City, Arizona. Title
shall pass to Buyer and Buyer will be responsible for and shall assume
all risk and liability for and agrees to indemnify Seller for any use or
misuse by third parties who may acquire or use the Products, after
Seller’s delivery of the same to the carrier. Any loss occasioned by
damage or shrinkage in transit will be for Buyer’s account, and Buyer
shall file any damage or loss claims directly with the carrier. Unless
otherwise agreed in writing by the parties, packaging methods,
shipping documents and manner, route and carrier of shipment shall be
at Seller's sole discretion. Seller reserves the right to ship items in a
single or multiple shipments. Unless otherwise agreed in writing by the
parties, all freight charges and insurance costs shall be the
responsibility of Buyer and will be invoiced as a separate line item to
be paid by Buyer.
8. INSPECTION AND ACCEPTANCE OF GOODS.Buyer shall
examine Products promptly upon receipt of delivery from the carrier.
Buyer shall advise the carrier of any damages or shortages prior to
acceptance of Products and, except for any latent defects, shall advise
Seller of any claims with respect to shortages, damages or
discrepancies within ten (10) days after receipt thereof. If Buyer does
not so notify the carrier and Seller of any nonconforming or damaged
Products during this period, the Products shall be deemed accepted and Buyer shall
examine Products promptly upon receipt of delivery from the carrier.
Buyer shall advise the carrier of any damages or shortages prior to
acceptance of Products and, except for any latent defects, shall advise
Seller of any claims with respect to shortages, damages or
discrepancies within ten (10) days after receipt thereof. If Buyer does
not so notify the carrier and Seller of any nonconforming or damaged
Products during this period, the Products shall be deemed accepted and.
9. DELIVERY. Seller's delivery or shipping dates are approximate
only and merely represent Seller’s best estimate of time required to
make delivery or shipment. Shipment dates are contingent on prompt
receipt by Seller of all necessary shipping information. Seller shall not
be held responsible for failure to meet estimated shipping dates, and in
no event shall Seller be liable for any loss, cost, damage or expense
whatsoever incurred by Buyer or its customers that may result
therefrom.
10. RETURN POLICY. No Products shall be returned without the
prior written authorization of Seller. Seller, in its sole discretion may
reject any nonwarranty return requests. Defective Products are to be
returned directly to the manufacturerin accordance with their warranty
and return policies. Non-warranty returns of unused and resalable
Products for credit will be subject to Seller’s return policies in effect at
the time, including applicable restocking charges (currently 10%) and
other conditions of return. Return requests of incorrectly ordered items
will only be accepted against a restocking charge of 20% within ten
(10) days after delivery. Products returned under warranty must be
properly packed and shipped to Seller specified locations. All shipping
containers must be clearly marked per Seller’s instruction. Buyer will
be responsible for all costs and expenses associated with any returns of
Products (other than products returned at Seller’s request pursuant to
Section 13 hereof) and will bear the risk of loss or damage of all
returned Products unless Seller agrees otherwise in writing. Seller, in
its sole discretion may reject any return of Product not approved by
Seller in accordance with this paragraph or otherwise not returned in
accordance with Seller’s then current return policies.
11. ORDER CANCELLATION. Purchase orders acknowledged or
shipped by Seller may not be canceled, altered, or modified by Buyer
except as otherwise permitted herein or agreed to in writing by Seller.
Buyer will indemnify Seller for all costs and expenses already incurred
and commitments made by Seller related to any terminated, cancelled,
or modified purchase order. Cancellation by Buyer prior to shipment
pursuant to any standing, recurring or release purchase order is
permitted only by written notice sixty (60) days before the originally
scheduled shipment date as confirmed by Seller on the order
acknowledgement related to such purchase order and is subject to
reasonable cancellation and restocking charges, including
reimbursement for direct costs. Notwithstanding any term to the
contrary contained herein, a "special product" (non-stock product) will
be identified and acknowledged when requested or ordered and cannot
be canceled or returned. Buyer will be responsible for cancellation
charges of the actual selling price for any cancelled or returned special
products.
12. SELLER WARRANTY.ET Arms’ LIMITED LIFETIME
WARRANTY is in effect for any firearms registered for warranty
beginning September 1, 2021. This warranty extends to any and all
parts of the firearm as originally sold by ET Arms but does not extend
to firearms altered after their original purchase, firearms damaged
through abuse, misuse or lack of proper care and maintenance or firearms used other than for their legal
intended purposes. The ET
Arms LIMITED LIFETIME WARRANTY does not allow for
monetary compensation for firearms purchased by the end user at the
retail level. ET Arms is not liable for any returns or claims policies of
independent retailers selling ET Arms brand domestic or imported
products.
13. SERVICES OUTSIDE OF WARRANTY. Any firearms
requiring service outside of the scope of manufacturer warranty require
a minimum $25 shipping and handling fee for return shipping
expenses. This fee must be paid prior to issuance of an RA number
(return authorization). It is the responsibility of the owner of the
firearm to pay shipping expenses incurred for the firearm to return to
ET Arms’ facility. Once inspected, you will receive a service quote
for the cost of parts and labor for any fees required to service the
firearm. No service work will be performed without authorization
following issuance of the quote. Should the service quote be accepted,
all fees must be paid prior to return of the firearm to the
customer. Should the service quote be refused, no work will be
performed and firearm will be returned to the customer in the condition
in which it was received. If no response to an issued quote is received
by ET Arms within 30 days of issuance, the firearm will be returned to
the customer in the condition in which it was received. ET Arms
provides all warranty service for firearms manufactured by ET
Arms. Repairs and replacements are subject to product and parts
availability for domestic products. The warranties covered by ET
Arms for imported products are implemented and monitored by the
foreign manufacturers. Product and parts availability may be subject to
longer service timeframes due to foreign manufacturing schedules and
import regulations and procedures. ET Arms reserves the right to deny
or decline any warranty services or products that do not meet the
warranties implemented by our manufacturers.
14. LIMITATION OF DAMAGES. IN NO EVENT SHALL
SELLER, ITS AFFILIATES, OFFICERS, AGENTS OR
EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH OR ARISING FROM THESE TERMS AND CONDITIONS
OR THE PRODUCTS OR SERVICES PROVIDED HEREUNDER,
INCLUDING (WITHOUT LIMITATION) LOSS OF PROFITS OR
REVENUES, INTERRUPTION OF BUSINESS, LOSS OF USE OF
THE PRODUCTS OR ANY ASSOCIATED EQUIPMENT,
MATERIALS, COMPONENTS OR PRODUCTS, DAMAGE TO
ASSOCIATED EQUIPMENT, MATERIALS, COMPONENTS OR
PRODUCTS, COST OF SUBSTITUTE PARTS, OR CLAIMS OF
BUYER'S CUSTOMERS FOR SUCH DAMAGES. SELLER WILL
NOT BE LIABLE TO BUYER FOR ANY LOSS, DAMAGE, OR
INJURY TO PERSONS OR PROPERTY RESULTING FROM THE
HANDLING, STORAGE, TRANSPORTATION, RESALE, OR USE
OF ITS PRODUCTS IN MANUFACTURING PROCESSES, OR IN
COMBINATION WITH OTHER SUBSTANCES, OR OTHERWISE,
INCLUDING (WITHOUT LIMITATION) ANY OBLIGATIONS OR
LIABILITY ARISING OUT OF SELLER'S NEGLIGENCE OR
FAULT. IN NO EVENT WILL SELLER’S LIABILITY UNDER
THESE TERMS AND CONDITIONS OR IN CONNECTION WITH
THE SALE OF PRODUCTS BY SELLER, WHETHER SUCH
LIABILITY ARISES IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE
PRICE OF THE SPECIFIC PRODUCTS OR SERVICES AS TO
WHICH THE CLAIM IS MADE.
15. INDEMNIFICATION. Buyer shall indemnify and hold Seller, its
officers, directors, employees, agents, affiliates, successors and assigns
harmless from and against all claims, liabilities, losses, damages, costs, and expenses sustained by
them (including court costs and attorneys'
fees) arising out of or in any way connected with the breach of these
Terms and Conditions by Buyer or any of its affiliates, employees,
officers or agents.
16. REGULATORY COMPLIANCE AND EXPORT
RESTRICTIONS. Sales of firearms and explosives are subject to
compliance with federal, state, and local rules and regulations
(including but not limited to the Gun Control Act of 1968), and to
approvals by the Bureau of Alcohol, Tobacco, Firearms and Explosives
and relevant state and municipal governmental authorities. All sales of
Products by Seller to Buyer shall be subject to such restrictions and
Buyer shall obtain and maintain all licenses and permits required in
connection therewith. Buyer further acknowledges that it is subject to
and agrees to abide by federal laws and regulations (including the
Export Administration Act of 1979, the Arms Export Control Act and
International Traffic in Arms Regulations) and restrictions of and
controls imposed by Product manufacturers relating to the export of the
Products. Buyer shall, if requested by the Seller, provide such
assurances and representations to the Seller, as the Seller may deem
necessary or desirable to confirm the compliance of Buyer with all
applicable legal requirements. Buyer shall immediately notify Seller of
any revocation of its required licenses or of any changes in the
ownership or control of its business or in the form of its business entity
(e.g. partnership, corporation, sole proprietorship).
17. OWNERSHIP OF INTELLECTUAL PROPERTY. All
drawings, know- how, designs, specifications, inventions, devices,
developments, processes, copyrights and other information or
intellectual property disclosed or otherwise provided to Buyer by Seller
and all rights therein (collectively, “Intellectual Property”) will remain
the property of Seller and will be kept confidential by Buyer in
accordance with these Terms and Conditions. Buyer shall have no
claim to, nor ownership interest in, any of the Intellectual Property, and
such information, in whatever form and any copies thereof, shall be
promptly returned to Seller upon written request from Seller. Buyer
acknowledges that no license or rights of any sort are granted to Buyer
hereunder in respect of any Intellectual Property.
18. CONFIDENTIAL INFORMATION. All confidential
information furnished or made available by Seller to Buyer shall be
held in confidence by the Buyer. Buyer agrees not to use such
information or disclose such information to others without Seller’s
prior written consent. The obligations in this paragraph will not apply
to any information which (a) at the time of disclosure was or thereafter
becomes, generally available to the public by publication or otherwise
through no breach by the Buyer of any obligation herein, (b) the Buyer
can show by written records was in the Buyer’s possession prior to
disclosure by Seller, or (c) is legally made available to the Buyer by or
through a third party having no direct or indirect confidentiality
obligation to Seller with respect to such information.
19. FORCE MAJEURE. Seller shall not be liable for failure to
perform or delay in performance or delivery of any Products due to (a)
fires, floods, strikes, or other labor disputes, accidents, sabotage,
terrorism, war, riots, acts of precedence or priorities granted at the
request or for the benefit, directly or indirectly, of any federal, state or
local government or any subdivision or agency thereof, delays in
transportation or lack of transportation facilities, restrictions imposed
by federal, state or local laws, rules or regulations; or (b) any other
cause beyond the control of Seller. In the event of the occurrence of
any of the foregoing, the time for performance shall be extended for
such time as may be reasonably necessary to enable Seller to perform.
Seller may, during any period of shortage due to any of the above circumstances, allocate its available
supply of Products among itself
and its Buyers in such manner, as Seller, in its judgment, deems fair
and equitable.
20. ASSIGNMENT AND DELEGATION. No assignment of any
rights orinterest or delegation of any obligation or duty of Buyer under
these Terms and Conditions, Seller’s quotation, order
acknowledgement, or invoice, or Buyer’s purchase order may be made
without the prior written consent of Seller. Any attempted assignment
or delegation will be wholly void and totally ineffective for all
purposes.
21. WAIVER. No failure of Seller to insist upon strict compliance by
Buyerwith these terms and conditions or to exercise any right accruing
from any default of Buyer shall impair Seller’s rights in case Buyer’s
default continues or in case of any subsequent default by Buyer.
Waiver by Seller of any breach by Buyer of these terms and conditions
shall not be construed as a waiver of any other existing or future breach.
22. LIMITATION OF ACTIONS. Notwithstanding any contrary
statute of limitations, any cause of action for any alleged breach of
these terms and conditions by Seller shall be barred unless commenced
by Buyer within one (1) year from the accrual of such cause or action.
23. LITIGATION COSTS. If any litigation or arbitration is
commenced between Seller and Buyer concerning any provision of
these Terms and Conditions, the party prevailing in the litigation or
arbitration is entitled, in addition to such other relief that is granted, to
a reasonable sum as and for their attorney’s fees in such litigation or
arbitration, provided that if each party prevails in part, such fees shall
be allocated in such manner as the court or arbitrator shall determine
to be equitable in view of the relative merits and amounts of the parties’
claims.
24. DISPUTES. Either party may give the other party written notice
of any dispute arising out of or relating to these Terms and Conditions
and not resolved in the normal course of business. The parties shall
attempt in good faith to resolve such dispute promptly by negotiations
between executives who have authority to settle the dispute. If
unsuccessful, the parties further will attempt in good faith to settle the
dispute by nonbinding third-party mediation administered by the
American Arbitration Association under its Commercial Mediation
Rules before resorting to arbitration, with mediator fees and expenses
apportioned equally to each side. Subject to the foregoing, the parties
shall settle any dispute arising out of or related to these Terms and
Conditions, or the breach thereof, by arbitration in Lake Havasu City,
Arizona in accordance with the rules of the American Arbitration
Association. The parties shall agree upon a single arbitrator or, if the
parties cannot agree upon an arbitrator within thirty (30) days, then the
parties agree that a single arbitrator shall be appointed by the American
Arbitration Association. The arbitrator may award attorneys' fees and
costs as part of the award. The award of the arbitrator shall be binding
and may be entered as a judgment in any court of competent
jurisdiction. These procedures are the exclusive procedures for the
resolution of all disputes between the parties; provided, however, that,
notwithstanding the foregoing, Seller will have the right, and in
addition to all other remedies available to it at law, in equity or under
these Terms and Conditions, to affirmative or negative injunctive relief
from a court of competent jurisdiction in the event Buyer violates or
threatens to violate the terms of Sections 17 or 18. Each party
acknowledges that a violation of Sections 17 or 18 would cause
irreparable harm and that all other remedies are inadequate. Each party
further agrees and acknowledges that any such action or proceeding for
equitable relief must be brought in a state or federal court having jurisdiction in Dorchester County,
South Carolina, and each party
irrevocably submits to the jurisdiction and venue of any such court in
any such action or proceeding and agrees to waive any defenses to
venue and jurisdiction including forum non conveniens.
25. GOVERNING LAW. The laws of the State of South Carolina
shall govern the validity, interpretation and enforcement of these
Terms and Conditions, without regard to its conflicts of law principles.
The application of the United Nations Convention on Contracts for the
International Sale of Goods shall be excluded. Should any term or
provision hereof be held wholly or partly invalid or unenforceable
under applicable law, the remainder of the agreement evidenced hereby
will not be affected thereby.
26. COUNTERPART AND ELECTRONIC SIGNATURES. This
Terms and Conditions may be executed in multiple counterparts by the
parties hereto. All counterparts so executed shall constitute one
agreement binding upon all parties, notwithstanding that all parties are
not signatories to the original or the same counterpart. Each counterpart
shall be deemed an original to this Terms and Conditions, all of which
shall constitute one agreement to be valid as of the date of these Terms
and Conditions. Documents executed, scanned and transmitted
electronically and electronic signatures shall be deemed original
signatures for purposes of this Terms and Conditions and all matters
related thereto, with such scanned and electronic signatures having the
same legal effect as original signatures.