Seller Terms and Conditions

ACCEPTANCE. The proposal embodied by this document and any writings incorporated by reference (collectively, the “Agreement”) may be accepted by any definite and reasonable expression of acceptance, including completing the online purchase transaction that incorporates the Agreement. Acceptance is limited to the terms and conditions of the Agreement; no additional or different terms or conditions contained in any acceptance shall become part of the contract formed as a result of such acceptance. This Agreement may not be modified except by written agreement signed by a duly authorized representative of Seller. Any provisions of Buyer’s purchase order or other document, which is inconsistent with the foregoing, shall be of no force and effect.

FORCE MAJEURE. Seller shall not be liable for any failure of any performance under this Agreement if such failure is occasioned by war, labor shortage, materials shortage, fire, flood or by any act of God, or by any other cause beyond the control of Seller. Time is not of the essence with respect to Seller's performance hereunder.

PAYMENT AND TERMS. The sales price shall be as stated on Seller’s website. The services to be provided by Seller are limited to those specifically delineated on the website. Payment is due in full at the time of purchase on the Seller’s website.

REFUNDS. Seller does not accept returns or exchanges unless the item the Buyer purchased is defective. If Buyer receives a defective item, please contact 920-723-1709 with details of the product and the defect. Upon Buyer’s notice to the Seller of the defective item, Seller will determine, within a reasonable period of time, whether Buyer is entitled to a refund or a replacement as a result of the defect. If the Seller determines that a defective item needs to be returned, the Buyer should send the defective item to: 504 Reed Street Lake Mills WI 53551. If Buyer is entitled to a replacement or refund, Seller will replace the product or refund the purchase price of that item, using the original method of payment. This doesn't affect the Buyer’s statutory rights. Refunds do not include any shipping and handling charges shown on the packaging slip or invoice. Shipping charges for all returns must be prepaid by Buyer. Buyer is responsible for any loss or damage to hardware during shipment. Seller does not guarantee that Seller will receive the returned item. Shipping and handling charges are not refundable. Any amounts refunded will not include the cost of shipping.

LIMITATION OF WARRANTY. Seller shall not be liable to Buyer or anyone claiming by, through, or under Buyer for any error of judgment or mistake of law or for any loss, except a loss resulting from willful malfeasance, bad faith or gross negligence on the part of Seller. SELLER MAKES NO ADDITIONAL WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE GOODS OR SERVICES ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.

LIMITATION OF LIABILITY. Notwithstanding any other provision, the total liability, in the aggregate, of Seller and Seller’s officers, directors, employees, and agents to Buyer for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the goods or services provided by Seller shall not exceed the amounts actually received by Seller from Buyer. Notwithstanding any other provision, Seller and Seller’s officers, directors, employees, and agents shall not be liable to Buyer for any special, incidental, indirect or consequential damages whatsoever.

EXCLUSIVE REMEDY. Buyer’s sole and exclusive remedy for breach of any warranty hereunder shall be the repair or replacement of any defective goods or services, at Seller’s expense. Seller shall have no liability under the foregoing warranty unless Buyer, at its expense, has provided Seller a clear written statement describing the alleged defect, its consequences and, if applicable, returned the allegedly defective product to Seller.

GOVERNING LAW; JURISDICTION. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of Wisconsin, exclusive of Wisconsin’s conflict of laws provisions. Any and all claims, questions or disputes regarding the interpretation performance and enforceability of this Agreement, the rights and remedies of the parties hereunder, and all related actions or counterclaims shall be initiated and or prosecuted exclusively in Jefferson County Circuit Court, Jefferson, Wisconsin. The parties further agree to submit to the jurisdiction of said courts.

ENTIRE AGREEMENT. This Agreement is the entire agreement between the parties with respect to the transaction contemplated herein and supersedes all previous written or oral negotiations, commitments and writings. No promises, agreements, representations or warranties with respect to said transaction have been made by any of the parties except as set forth herein.

BINDING EFFECT. This Agreement shall bind and benefit the parties and their respective personal and legal representatives, heirs, successors and permitted assigns.

AUTHORITY. Each party warrants to the other party that is has the authority to enter into this Agreement and that all necessary corporate or other approvals have been or will be obtained.

WAIVER. The failure of either party to insist on strict performance of this Agreement by the other, according to the terms and understanding herein set forth, shall not be construed as a waiver of the right to insist on such performance and no waiver by either party of any breach by the other of any provisions hereof shall be deemed a waiver of any other prior or subsequent breach.

SEVERABILITY. Each provision of this Agreement shall be considered severable, and if for any reason any provision or provisions of this Agreement are determined to be invalid and contrary to any existing or future law, the invalidity shall not affect or impair the operation of those portions of this Agreement that are valid, or the application of such provisions in situations in which they are not invalid.