These Terms and Conditions of Use (“Terms and Conditions”) apply to all orders placed by Customer with R.Y.L., Inc. (“Company” herein). BY PLACING GLASS REPAIR ORDERS WITH COMPANY, CUSTOMER IS AGREEING TO THESE TERMS AND CONDITIONS.
1. No Guarantees. Customer has requested that Company repair a glass product. Company has explained to Customer that there are no guarantees in the repair of glass products, and it may turn out that the product cannot be repaired, the glass could break or fracture and/or even if it is fully repaired there could be other breaks or fractures in the glass product. Customer acknowledges and agrees that it is fully aware of such risks and accepts them as part of its decision to have Company attempt to repair the glass product.
2. Disclaimer of Warranties. Company does not make any express or implied representation or warranty, either oral or written, including implied warranties of merchantability and fitness for a particular purpose, whether arising by law, course of dealing, course of performance, usage, trade or otherwise, all of which are expressly disclaimed. Customer hereby acknowledges that it has not relied upon any representation or warranty made by Company.
3. Disclaimer of Liability. Except as otherwise expressly provided herein, Company shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), or expense of any nature whatsoever which may be suffered by Customer or any third party (customers and/or affiliates), as a result of or which may be attributable, directly or indirectly, to the attempt to repair Customer’s glass product. Customer acknowledges it has been advised of the possibility of such damages. In particular, Company shall not be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), or expense of any nature whatsoever arising from the repair services provided by Company.
4. Limitation of Liability. In the event that Company and Customer agree that the repair job was completely unsuccessful, Company may discount its price for its services to an amount less than originally agreed upon. This discount is up to the sole discretion of the Company.
5. Return of Property; Forfeiture. If Customer has not picked up the item submitted for repair within sixty (60) days after they were notified it is ready to be delivered or returned, then Company, at its election, may retain or destroy the item. Customer shall be deemed to have declined its return and forfeited its rights to the product after the expiration of the sixty (60) day period.
6. No Waiver. Company’s failure to insist upon or 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 between the parties nor trade practices shall act to modify any of these terms and conditions.
7. Authorization. Each individual approving the sales order, invoice and/or terms and conditions on behalf of an entity, represents and warrants that he or she has the right, power,and authority to bind the entity on whose behalf he or she approves, as well as the respective
entity’s officers, employees, agents, successors, and assigns, to the terms hereof.
8. Severability. If any provision of these terms and conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
9. Notices. Any notices to be given shall be in writing and may be transmitted by personal delivery, by facsimile or mail, registered or certified, postage prepaid with return receipt requested to the address listed on the sales order.
10. Attorneys’ Fees and Costs. If any action at law or in equity is necessary to enforce or interpret the invoice, or any of the terms and conditions, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.
11. Law Governing Agreement. Any dispute regarding the purchase of goods and/or the terms and conditions shall be governed by and interpreted in accordance with the laws of the State of California without regard to principles of conflict of laws.
12. Jurisdiction and Venue. The parties acknowledge and agree that the proper jurisdiction and venue for any claim, breach, or threatened violation arising out of or related to the sales order, invoice or these terms and conditions is the County of Los Angeles, State of California.
13. Term; Amendments. These terms and conditions are applicable to the order placed by Customer with Company. Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms and conditions, at any time.