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​Terms and Conditions

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The terms and conditions for the sale of DINOSUIT (“Seller’s”) products (“Products”) are contained herein.  By submitting a purchase order to purchase Products from Seller (an “Order”), the buyer of Seller’s Products (“Buyer”) agrees to be bound by and accepts these terms and conditions. Any different or additional terms or conditions in Buyer’s purchase order or other documentation are hereby objected to and shall be null and void, unless the different or additional term or condition is expressly acknowledged and accepted in writing by Seller.  Seller’s acceptance of an Order or delivery of Product to Buyer by Seller does not imply acceptance of different or additional terms or conditions that are not expressly acknowledged and accepted in writing by Seller.

  1. PAYMENT TERMS:  Payment is at the time the Order is placed.

 

  1. DELIVERY:  Title to and risk of loss or damage to Products vests in Buyer upon delivery to the carrier, regardless of shipping or insurance arrangements.  Seller is not liable for delays, loss or damage to Products after delivery to carrier.  

 

  1. PRODUCTION SCHEDULE & SHIPPING:  Seller shall not be liable for any manufacturing or shipping delays.

 

  1. INSPECTION:  Buyer shall examine the Products delivered by Seller promptly upon receipt and notify Seller of all visible damage or defects.  Except in the case of claims for defects made in accordance with Paragraph 10, Buyer shall advise the Seller and carrier of all claims no more than thirty (30) days after Product receipt.  Failure to advise Seller and carrier of non-conformity, or damage within the time specified above shall extinguish all claims and will be deemed acceptance of the Products.

 

  1. PRODUCT RETURNS:  Product returns for non-conformity or defect will only be accepted upon Seller’s prior written authorization in accordance with the following procedures:  (i) Seller will only accept returns upon its written authorization following written notification of the non-conformity within the time period set forth above; (ii) Buyer shall be responsible for properly packaging and shipping all authorized returns; and (iii) Seller will refund or credit the purchase price of the Products less all handling and administrative costs.

 

  1. CANCELLATIONS:  The Order may not be cancelled by Buyer without Seller’s written consent.  If Seller approves cancellation after delivery of the Product(s), Buyer must return the Product within thirty (30) days of Buyer’s receipt of the Product in new, unopened condition.  

 

  1. CHANGES:  Buyer may not reduce or change any Order without Seller’s written consent.  Buyer shall pay all costs incurred by Seller as a result of the reduction or change to the Order.

 

  1. LIMITATION OF LIABILITY:  Seller’s total liability on any claim of any kind shall be limited to repair or replacement of the defective or non-conforming goods or repayment of the purchase price.  NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS; INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, STATUTORY OR CONSEQUENTIAL DAMAGES; OR ANY OTHER CLAIMS BROUGHT AGAINST A PARTY, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE.  In no event shall Seller be liable for damages exceeding the purchase price for goods sold.  Buyer agrees to indemnify and hold Seller harmless from all claims by third parties which extend beyond the foregoing limitations in Seller’s liability.

 

  1. SELLER INTELLECTUAL PROPERTY:  Buyer acknowledges and agrees that Seller is the sole and exclusive owner of all trade secrets, technical data, know how, trade names, trademarks, trade dress, copyrights, logos, commercial symbols, inventions, patents, or similar rights or registrations, branding labels and designs used on, or in connection with, the Products, now or hereafter held or applied for in connection therewith (collectively, the “Seller IP”).  Seller provides Buyer with a limited, non-exclusive, non-transferable, non-sublicensable, fully paid up, worldwide license under the Seller IP to use the Products for the purposes contemplated by the Order.  Otherwise, the Order provides Buyer with no right, title or interest of any kind or nature whatsoever in or to the Seller IP, or the goodwill associated therewith.

 

  1. LIMITED WARRANTY: Seller warrants that upon receipt of the Products by Buyer, Products will be free from defects in material and workmanship under normal use. This limited warranty is not transferable and extends only to the original user of the Products. 

 

Buyer's sole and exclusive remedy and the entire liability of Seller under this limited warranty will be, at Seller’s option, shipment of a replacement period or a refund of the purchase price if the Products are returned to Seller with postage prepaid within ninety (90) days of the date of purchase in the original packaging and fully operational.  In no event shall Seller be liable for any other damage or loss, including, but not limited to, any claims of the Buyer’s customers, lost profits, lost sales, cost of substitute equipment, or any other special, incidental or consequential damages.  

 

DISCLAIMER OF WARRANTY:  EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY SELLER, ITS SUPPLIERS AND LICENSORS.  TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THESE WARRANTIES GIVE BUYER SPECIFIC LEGAL RIGHTS, AND BUYER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

NO ADDITIONAL WARRANTY:  Buyer shall be solely responsible for any additional or different warranty provided to third parties.

  1. GOVERNING LAW AND JURISDICTION:  The Order shall be governed by the laws of the [Scots Law and Scottish courts]  


 

  1. SEVERABILITY:  If any of these terms and conditions are determined to be invalid, illegal, or unenforceable, the validity and enforceability of the remaining terms shall be unaffected.  Ambiguities, inconsistencies ore conflict shall not be construed against either party.

 

  1. NO WAIVER:  No failure or delay by Seller to exercise any right created by these terms and conditions shall operate as a waiver of any of Seller’s other rights. 

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