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Warranty
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TERMS AND CONDITIONS
  1. Delivery. You should receive your delivery within 7-10 working days (2-3 weeks for folding mats) with a common carrier. For guaranteed or express delivery service, please contact Swain Sports Customer Service at 1-800-662-4616.

  2. Freight Claim. In the unlikely event your Products are damaged during shipment, you must follow these procedures:
    1. Check all Products upon delivery with driver present.
    2. Note the damage on the freight bill before signing. If the whole shipment is damaged, you have the right to refuse it.
    3. Contact Swain Sports immediately to report damages, and for the telephone number of the nearest freight terminal.
    4. Call the freight terminal for a damage inspection, which could be waived.
    5. Mail or fax a copy of the Freight Bill showing the number of damaged pieces to Swain Sports.
    6. Swain Sports will use its best efforts to assist you to recover from the responsible carrier in the event of any shipping damage.


  3. Price Protection. The prices on Swain Sports price list are good for thirty (30) days from the date of this Agreement. All prices are f.o.b. Swain Sports plant, and do not include transportation, insurance, license fees, custom duties and such other charges. Prices also do not include taxes.

    Payment in full is required by cashiers or certified check or wire transfer, not more than thirty (30) days from the date of this Agreement.

  4. Terms and Conditions of Sale. All sales are Final. Swain Sports reserves all rights in the event of your default. The provision herein shall govern all sales, and shall supersede all terms set forth in Purchase Orders.

  5. Inspection. Title to all Products, and risk of loss or damage passes to you upon delivery to a common carrier or other shipper. You should inspect all Products immediately upon receipt and notify Swain Sports in writing immediately if there is shipping or other damage. Products shall be deemed accepted if Swain Sports does not receive damage notice within ten (10) days of delivery to you with respect to any defect which could have been discovered upon inspection.

  6. Extended Warranty. Swain Sports warrants that for a period of six (6) years, Swain Grappling Standard and Premium Mats and full-size Flexi-Roll Mats will be free of production defects which prevent or limit the normal and intended use of such Products. Such warranty shall be for full value for three (3) years, for 50% of the value for the fourth (4th) year, for 25% of the value for the fifth (5th) year and for 10% of such value for the sixth (6th) year.

    Standard Warranty. Swain Sports warrants that for a period of one (1) year, or less if the product manufacturer warrants such product for a shorter period, all other Products, including but not limited to folding mats, puzzle mats, and wall mats, will be free of production defects which prevent or limit the normal and intended use of such Products.

    SWAIN SPORTS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF A WARRANTY CLAIM, YOUR SOLE REMEDY SHALL BE THE REPAIR OR REPLACEMENT, AT SWAIN SPORTS OPTION, OF THE PRODUCT OR THE DEFECTIVE PART THEREOF. ALL WARRANTIES ARE VOID IN THE EVENT OF THE IMPROPER USE OF THE PRODUCT.

  7. Limitation on Liability. The remedies provided in Paragraph 6 above are your sole and exclusive remedies, and Swain Sports shall have no responsibility for any damages, direct, indirect, incidental, consequential, special or any other category claimed by you or any third party. Swain Sports shall have no responsibility for damages howsoever they are staked, whether in tort, contract or equity, including specifically but not exclusively damages arising from bodily injuries incurred in connection with the use of the Product. If this limitation is deemed unenforceable, Swain Sports liability shall be limited to the amount you paid for the Product. You agree that these limitations are for the benefit of Swain Sports and its suppliers, and reflect an allocation of risk between you and Swain Sports and Swain Sports suppliers, and that your purchase price reflects these limitations and this allocation of risk.

  8. Indemnity. You agree to indemnify and hold Swain Sports harmless from any liability, actual or potential, which might arise from ownership or use of the Product. You agree to defend Swain Sports from any such claim, and further indemnify Swain Sports from attorneys fees or costs (yours or Swain Sports) as a result.

  9. Use of Products. You agree to use the Products in a safe manner and in accordance with all instructions and manuals provided to you.

  10. Force Majeure. Swain Sports shall have no responsibility for any delay or prevention of performance due to fire, earthquake, storm, public entity or utility action, acts of God, war, strike, or other causes beyond Swain Sports control. You shall not be entitled to cancel this Agreement in the event of such a delay which lasts less than ninety (90) days.

  11. Miscellaneous. All notices under this Agreement must be in writing and delivered by telegram, facsimile or first class letter postage prepaid to the address set forth in this Agreement. This Agreement may only be modified by a document in writing signed by both parties. This Agreement is not assignable without the written consent of the other party. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties.

  12. Warning. Read all instructions and warnings before using any of the Products. Some physical activity may require a high level of conditioning, and consultation with a physician is highly recommended. Participation in such activity may result in injury or even death.

    13. IF YOU HAVE ANY QUESTIONS, please contact Swain Sports Customer Service at 1-800-662-4616.

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