Terms and Conditions
The following terms and conditions shall govern the sale by the entity ("Olde Thompson"). By ordering products on Olde Thompson's on-line store or by accepting delivery of the products described on the order, Customer agrees to be bound by and accepts these terms and conditions. Olde Thompson reserves the right to change these terms and conditions without prior written notice at any time, at Olde Thompson's sole discretion.
Terms of payment shall be determined at Olde Thompson's discretion and otherwise agreed to by, Olde Thompson. Payment must be received by Olde Thompson prior to Olde Thompson's acceptance of Customer's order. Payment shall be made by credit card, check or some other pre-arranged method of payment acceptable to Olde Thompson. Payments made by credit card are subject to the approval of the financial institution issuing the credit card and Olde Thompson shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.
Shipping, Handling and Tax Charges
All prices include charges for shipping and handling, and taxes (except California orders). Olde Thompson is obligated to withhold sales tax for delivery within California. Unless Customer provides Olde Thompson with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Olde Thompson 's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order.
Olde Thompson's products may not be available for immediate delivery. Olde Thompson reserves the right, without liability or prior notice, to revise or cease to make available any or all products or to cancel any order.
Customer may return products that are purchased directly from Olde Thompson only in accordance with Olde Thompson's return policy in effect on the date of the invoice.
Service and Support
Olde Thompson endeavors to provide the best customer and technical support. Olde Thompson will make customer service available to Customers in the United States in accordance with the then-current terms and conditions set by Olde Thompson.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, OLDE THOMPSON DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. OLDE THOMPSON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
Limitation of Liability
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OLDE THOMPSON SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER. IN NO EVENT SHALL OLDE THOMPSON BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF OLDE THOMPSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. OLDE THOMPSON SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF OLDE THOMPSON.
Governing Law and Jurisdiction
The sale of products shall be governed by the laws of the State of California excluding the conflict or choice of law provisions.
Products purchased or received under these terms and conditions shall be subject to export laws and regulations of the United States of America.
Invalidity of Provisions
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees that it is buying for its own internal use only, and not for resale.
Customer may not assign its rights or obligations under this Agreement without the express written consent of Olde Thompson.