TERMS

stickmanpark intends for the Materials contained on this site to be accurate and reliable. These Materials may, however, contain technical inaccuracies, typographical errors or other mistakes. stickmanpark may make corrections or other changes to these Materials at any time. stickmanpark and its suppliers reserve the right to make corrections, modifications, enhancements, improvements and other changes to its products and services at any time or to discontinue any product or service without notice.

THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS.” STICKMANPARK AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THESE MATERIALS FOR ANY PURPOSE AND DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON–INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHT.

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DELIVERY. Delivery dates are approximate. The failure to meet an indicated delivery date will not constitute a breach of this Agreement. In no event shall stickmanpark be liable for any claims for labor or for any special, indirect, incidental, or consequential damages including, but not limited to, demurrage charges, cost of shipment, downtime, lost profits (whether direct or indirect), lost sales, or any other damages resulting from delay in delivery. If stickmanpark’s production or delivery is delayed, stickmanpark may allocate production and delivery among its customers in a manner it deems reasonable. stickmanpark reserves the right to change or redesignate any product source listed in this Agreement. ACCEPTANCE OF THE PRODUCTS BY BUYER UPON DELIVERY SHALL CONSTITUTE A WAIVER BY BUYER OF ANY CLAIM FOR DAMAGES ON ACCOUNT OF DELAY IN DELIVERY OR PERFORMANCE.

 

SHIPMENT AND RISK OF LOSS. All deliveries shall be by the United States Postal Service, United Parcel Service, Federal Express or other reputable national or international delivery service or other carrier from stickmanpark’s facility, freight prepaid or freight collect to destination. Unless otherwise agreed in writing, stickmanpark may, in its sole discretion, select the shipping method, the carrier and the applicable freight charges. If Buyer desires to pick up the Products at stickmanpark’s facility, Buyer must contact stickmanpark to arrange a mutually convenient time for pick up. Buyer shall indemnify and hold harmless stickmanpark from and against any claims, damages or liabilities suffered by stickmanpark resulting from any acts or omissions of carrier. Title to the Products and risk of loss to the Products and Service Items shall pass to the Buyer at the point of shipment from stickmanpark’s facility, whether freight prepaid or freight collect to destination, regardless of which party selects the carrier and arranges the freight charges or particulars of shipment. Risk of loss for damage or delay in transit shall be borne by Buyer. Buyer shall file and pursue any claims directly with the carrier related to loss, damage or delay in transit, and Buyer shall not assert such claims against stickmanpark or deduct from amounts owing to stickmanpark.

 

RELEASE OF GOODS FOR SHIPMENT. Buyer must release the Products for shipment within twenty (20) days after stickmanpark notifies Buyer that those items are ready for shipment. After such 20-day period, Buyer will pay a holding charge determined in good faith by stickmanpark and/or stickmanpark may ship the Products to Buyer without further notification. Buyer agrees to accept delivery of all shipped Products and to pay the applicable price. stickmanpark has the right to sell or scrap any Products without notice to Buyer if Buyer has not released the Products for shipment within forty-five (45) days after stickmanpark notifies Buyer that the Products are ready for shipment, and Buyer shall be responsible for any difference between the agreed purchase price and the sale price or the scrap allowance.

 

CANCELLATIONS BY BUYER. "Cancellation Costs" include all labor, materials, overhead, general and administrative costs, restocking charges, surcharges levied on material by outside suppliers, sub-vendor cancellation charges, excess inventory charges, value of storage space, inventory tax charges, banking and finance charges, scrapping and disposal fees, and other harm, costs and charges incurred directly or indirectly by stickmanpark in connection with a cancellation of an order for the Products. Buyer is not entitled, without stickmanpark’s prior written consent, which may be withheld or conditioned in stickmanpark’s sole discretion, to cancel delivery of the Products for all or any part of an order at any time after purchase. stickmanpark may treat as a cancellation any proposed delay greater than 60 days. If stickmanpark consents to the cancellation, Buyer shall pay a cancellation charge in an amount determined in stickmanpark’s sole discretion to reflect all applicable Cancellation Costs, including, at a minimum, a storage charge, inventory carrying costs, financing costs associated with the finished Products, work in process and raw materials, and costs of inactive labor, from the original purchase date until the time of delivery or performance. The Cancellation Charge may also include, at stickmanpark’s sole discretion, a reasonable and equitable profit for stickmanpark. If stickmanpark’s work on an order requires material from Buyer or a third party, and stickmanpark does not timely receive material that strictly conforms to stickmanpark’s requirements, including chemical composition, physical properties and dimensions, stickmanpark may delay performance of or cancel the order without liability.

 

SPECIFICATIONS. The material specifications, quality requirements, or any other aspect of the Products or their manufacture (the "Product Specifications") is controlled by stickmanpark’s quotation, order acknowledgement, separate written and signed agreement, and/or stickmanpark’s discretion. If any of the Product Specifications in stickmanpark’s quotation, order acknowledgement, or separate written and signed agreement differ materially from the Product Specifications requested by Buyer, stickmanpark may, in its sole discretion, require that Buyer provide a written acknowledgment and acceptance of the Product Specifications in stickmanpark’s quotation, order acknowledgement, or separate written and signed agreement prior to the manufacture or delivery of the Products or Service Items. Buyer is not entitled, without stickmanpark’s prior written consent, which may be granted or withheld in stickmanpark’s sole discretion, to make any changes to Product Specifications in stickmanpark’s quotation, order acknowledgement, or separate written and signed agreement. If stickmanpark consents to the change, stickmanpark may condition its consent on Buyer's agreement to price adjustments and other compensating payments satisfactory to stickmanpark. In addition to all other remedies available to it under applicable law, stickmanpark may refuse to comply with any change to which stickmanpark has not given its prior written consent.

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WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN STICKMANPARK'S QUOTATION, ORDER ACKNOWLEDGEMENT OR SEPARATE WRITTEN AND SIGNED AGREEMENT, STICKMANPARK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. AT STICKMANPARK'S DISCRETION, BUYER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE CONFORMANCE OF ANY PRODUCTS OR SERVICE ITEMS FURNISHED BY STICKMANPARK UNDER THIS AGREEMENT SHALL BE LIMITED TO REPLACEMENT OR REPAIR OF SUCH PRODUCTS, FROM THE TIME OF SHIPMENT FROM STICKMANPARK'S FACILITY, WITHIN ONE (1) YEAR BASED ON THE LIMITED TERMS SET FORTH BELOW. In the event stickmanpark has authorized Buyer to scrap all or any portion of the Products, the scrap allowance is to be credited to stickmanpark. The employees and representatives of stickmanpark are not authorized to make any statement or representation as to the Products or Service Items inconsistent with this Agreement and no such statements made will be binding upon stickmanpark or be grounds for any claim.

 

This stickmanpark Customer Limited One-Year Warranty (the “Warranty”) covers products by stickmanpark. This Warranty is given only to you, the original retail purchaser. stickmanpark warrants its products and parts against defects in workmanship and materials when put to “ordinary residential use” from the factory ship date until one calendar year thereafter (the “Warranty Expiration Date”) and subject to the limitations and exclusions stated below. For purposes of this Warranty, “ordinary residential use” means use in a single-family dwelling with product maintenance performed and absent of misuse, accidents or negligence. Any maintenance or cleaning performed outside of stickmanpark’s instructions may void this warranty.

 

stickmanpark will repair or replace, at stickmanpark’s discretion, any covered product or part found to be defective in workmanship or materials upon examination by an authorized stickmanpark representative.  Learn More >