1. Sale and Purchase of Goods
Goldtouch Technologies, Inc. and Key Ovation, LLC d/b/a Goldtouch (collectively “Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the description and quantity described on the checkout window (Checkout) and incorporated herein by this reference (Goods) on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
3. Payment Terms
Seller has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Seller prior to the latter’s acceptance of an order. Unless other credit term have been agreed upon in writing signed by Seller, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable prior to shipping unless otherwise agreed in writing by Seller, and then within the time period noted on your invoice, measured from the date of the invoice. If not date is noted on the invoice payment of such invoice is due in full within 15 days of the date of the invoice. Seller has the discretion to cancel or deny orders, for any reason or no reason at all. Seller is not responsible for pricing, typographical, or other errors in any offer by Seller and reserves the right to cancel any orders arising from such errors. To the extent permitted by applicable consumer and other applicable law, Seller reserves the right in its discretion to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge, but only up to the maximum amount permitted under Texas and Federal law.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller's standards and practices.
5. Limited Warranty
Seller supplies as its sole warranty the following:
There is a one year manufacturer’s warranty from date of original purchase date. Customer must submit an RMA form and obtain an RMA number prior to shipping product back. The RMA number will remain valid for 30 days from the date it was issued. Seller will be responsible for return shipping charges of the defective product and shipping charges of the replacement product shipping within the continental USA. Items determined not to qualify for an exchange will be returned at the owner’s expense. An expedited replacement can be arranged by providing a valid credit card for immediate cross-shipment of replacement item. Credit card will not be charged unless original item is not returned within 14 days and/or product is found not to be defective. If product tests non-defective or damaged by human error then customer is responsible for all shipping costs for return to Seller and back. After 30 days, customer is responsible for shipping costs to have items sent back for testing. If defective, Seller will return, at our cost, a new replacement or factory refurbished product. Warranty for the replacement item continues from the original date of purchase. The one year warranty does not cover Abuse or Normal wear.
The foregoing sets out the Seller’s current warranty. The warranties provided for herein shall be governed by Seller's warranty policies in effect on the date of shipment.
6. Disclaimer of Warranty/Limitation of Liability
Seller makes no representation that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE SELLER AFFILIATES) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
7. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Texas, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the District Courts of Travis County, Texas and hereby waives any objection to such jurisdiction and venue.
9. Agreement to Terms and Conditions with regard to Seller’s website
These Terms and Conditions contain the entire agreement between you and the Company regarding the use of the Site and the ordering and delivery of Goods, and supersedes all prior written and oral understandings and writings. By using the Seller’s Site, registering on the Site, or subscribing to the Site, you agree to all of these terms.