- TERMS & CONDITIONS -
1. Payment. All custom sales are subject to a deposit of 50% of the purchase price upon placement of this Order, and 100% payment prior to delivery.
2. Limited Warranty/Disclaimer. Purchaser understands and agrees that the items purchased under this Order are made of natural materials such as metal and wood that have inherent features and characteristics that may change over time. Such changes may include, but are not limited to, the formation of patinas, rust, other metallurgic reactions, color changes, and the like, any of which can occur regardless of whether or not a coating or treatment is applied to the material. These variations and changes over time are inherent qualities of the unique one-of-a-kind piece you are acquiring. Purchaser acknowledges that any such characteristics do not constitute a defect.
THE WARRANTY PRINTED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
PURCHASER UNDERSTANDS AND AGREES THAT SELLER’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE ITEM IS CONSIDERATION FOR LIMITING SELLER’S LIABILITY.
3. Intellectual Property. All designs shall remain the exclusive property of Hans Noble Design, LLC.
4. Entire Agreement. This Purchase Order constitutes the entire agreement between Hans Noble Design, LLC and Purchaser regarding the subject matter hereof. All prior or contemporaneous oral or other written agreements, negotiations, representations, and arrangements regarding the subject matter hereof are hereby merged into and superseded by this Agreement.
5. Governing Law/Venue. This agreement shall be governed by the laws of the State of Ohio, without regard to conflict of laws principles. Venue of any action covered by this agreement shall be in a state or federal court located in Cuyahoga County, Ohio.