Application. The following terms and conditions of Crescent Products, Inc. ("Crescent") govern the sale of products, including but not limited to Zebra Mats, to Crescent's customers ("Customer"). Acceptance by Customer of the products provided by Crescent constitutes an express acceptance of these terms and conditions and a repudiation of any other inconsistent terms or conditions. Terms or conditions contained in any of Customer's documents, including but not limited to orders and acknowledgments, that alter, differ from, or add to the terms and conditions herein shall not be accepted by Crescent and such terms and conditions shall not constitute part of any agreement between the parties.
Prices, Payment Terms. Unless otherwise agreed by Crescent in writing, all prices charged shall be calculated on the basis of Crescent's U.S. Price List. The prices for the products do not include transportation and insurance costs, special packaging and labeling requirements, nor any taxes relating in any way to the products, each of which shall be borne by Customer. Crescent may change its prices at any time without prior notice to Customers. Payment by cash or credit card is due at time of order. Customer agrees that a monthly administrative and finance charge of 1.5% of any outstanding account balance, but not in excess of the lawful maximum, will be charged to Customer for any account having a balance remaining unpaid after 10 days of the due date. Customer agrees to pay Crescent's costs of collection, including attorneys' fees, incurred in connection with the collection of any past due amounts.
Delivery. Delivery of products shall be made F.O.B. Crescent's facilities in Minnesota, California, Maryland or Brampton. Customer shall not have the right to reject a late delivery of products.
Limited Warranty; Notification of Breach
Limited Warranty. Crescent warrants that any products distributed by it shall be free from manufacturing defects under normal use and conditions for a period of one (1) year from the time of delivery. or for such lesser period as the product manufacturer warrants its products. Other than as expressly set forth above, Crescent makes no warranties regarding the products provided hereunder, either expressed or implied, including, without limitation, warranties as to merchantability and fitness for a particular purpose. Crescent specifically makes no warranties as to the suitability of the products for any particular purpose or application regardless of whether for customer or affiliates of customer and regardless of whether crescent know of or had reason to know of any such particular purpose or application.
Roll Out/Home Mat Limited Warranty. Crescent warrants that the Zebra Roll Out/Home Mat product distributed by it shall be free from manufacturing defects under normal use and conditions for a period of six (6) months from the time of delivery. Placement of this product in direct sunlight, whether in use or in storage will void the warranty. This product is not recommended for outdoor use.
Puzzle Mat Limited Warranty. Crescent warrants that the Zebra Puzzle Mat product shall be free from manufacturing defects under normal use and daily barefoot martial arts training for a period of 90 days. The use of footwear is not recommended and voids our warranty. Zebra Puzzle Mats should be swept or vacuumed daily and cleaned with mild soap and disinfectant regularly. If, for any reason, you are not satisfied with the quality of the Zebra Puzzle Mats, you may return unused mats within 30 days of purchase for a refund. There is a restocking fee of 10% for unused mats that are returned. Mats that have been used in any way are not returnable. Mats are considered used if they are not in their original packaging, have footprints, scuffs, or are dirty. Original shipping and handling costs are not refundable, and the customer is responsible for paying for return shipping costs. If mats are thought to be deteriorating under normal recommended use as described above within the warranty period, any problems can be sent to:email@example.com. We will require a digital image of the damaged product so an assessment can be made by Zebra as to the cause. In the event that the product falls under Zebra’s warranty, the customer will be shipped new mats at Zebra’s expense including all shipping costs.
Notification of Breach. In the event that a manufacturing defect is discovered and reported to Crescent in writing, Crescent will, at its sole option, repair the defect, replace the defective product, or refund to Customer the price paid for such product. Crescent's obligation shall be limited to such repair, replacement, or refund. The Obligations of Crescent under this limited warranty are the exclusive remedies for any breach of the warranty of products. Upon the discovery of facts which reasonably indicate that Crescent has failed to perform its obligations or has negligently or otherwise breached a legal duty to Customer, Customer shall notify Crescent of such in writing immediately upon discovery. The failure to give Crescent the forgoing notice shall constitute an irrevocable waiver of all claims and causes of action which Customer may have against Crescent and shall cause Customer to be barred from initiating any proceeding or action based upon such claims or causes of action. In no event shall Customer bring any action more than one year after the cause of action was discovered or could have been discovered.
Extended Limited Warranty. Combo mats, Grappling mats and MMA mats will have a 10-year limited warranty. Crescent Products warrants that the above mentioned products will be free from manufacturing defects under normal use and conditions for a period of ten (10) years from the time of delivery, or for such lesser period as the products manufacturer warrants its products. This warranty covers the mats 100% for the first three (3) years. The fourth (4th) year 50%. The fifth (5th) year 30%. The sixth (6th) year 20%. And, the seventh (7th), eighth (8th), ninth (9th) and tenth (10th) 10%. This warranty is for the cost of the mats only - freight and handling not included.
Limitation of Damages. Crescent is not liable for special, incidental, or consequential damages, for personal injuries, property damages, or lost profits, in connection with or arising out of any action, inaction, negligence, or strict liability of Crescent relating in any way to the products or use of the products it provides even if Crescent has been advised of the possibility of such potential loss or damage.
Damaged Products. Customer shall inspect all products promptly upon receipt and shall document on the bill of lading any damage noted in the inspection. Although Crescent assumes no liability for products damaged during transit, it will help Customer as much as reasonably possible to recover any such damages from the carrier.
Use of Goods. Customer agrees to use the products in a safe manner and in accordance with any instructions supplied to Customer by Crescent. (see General Use Tips)
Indemnification. Customer shall indemnify and hold Crescent harmless from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs, and expenses (including without limitation, attorneys' fees) imposed upon or incurred by or asserted against Crescent that arise out of or are related to Customer's possession or use of Crescent's products which are not the direct result of a proven breach of warranty by Crescent as provided in Section 4 herein. Customer shall defend, at its sole cost and expense, any action brought against Crescent as a result of any personal injury or property damage, and shall indemnify Crescent for all costs (including attorneys' fees and expenses) incurred by Crescent in defending any such claims or establishing its right to indemnification herein.
Performance Impossible. Neither party shall be liable for failure or delay in performing under these Standard Terms and Conditions that is due to causes beyond its reasonable control, such as natural catastrophes, governmental acts or omissions, labor strikes, lockouts or other disturbances, war, riot, or difficulties in procuring labor or materials.
Notices. Any notice, request, or demand required or desired to be given by one party to the other must be in writing and will be deemed sufficient and completed by delivery of the same personally or by mailing the same registered or certified mail, return receipt requested, directed to the mailing address on the face side of these Standard Terms and Conditions or such other address as may be provided in writing to the other party.
Governing Law and Jurisdiction.
Governing Law. The validity, construction, and interpretation of these Standard Terms and Conditions and all rights and duties of Crescent and Customer arising hereunder shall be governed by the substantive laws of the State of Minnesota (without giving effect to the conflicts of laws principle thereof).
Jurisdiction. Customer hereby irrevocably submits to the nonexclusive jurisdiction of any Minnesota state court or any U.S. federal court located in the State of Minnesota in any action or proceeding arising out of or relating to the relationship between Crescent and Customer, and Customer hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such court or courts. Nothing herein shall affect the right of Crescent to bring any action or proceeding against Customer or its property or assets in the courts of any other jurisdictions. Customer hereby waives trial by jury in any judicial proceeding involving, directly or indirectly, any matter (whether sounding in tort, contract, or otherwise) in any way arising out of, related to, or connected with these standard terms and conditions.
Warning. Read all product literature, including instructions and/or use tips, before using products. Use of products may require strenuous exercise and may lead to serious injury or death. Before using products, consult with physician to determine level of fitness. Do not use if injured, ill or fatigued. User assumes all risks of injury.
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