CONTROLLING TERMS: An order or acceptance of products by customer constitutes acceptance of these Terms and Conditions in their entirety, without regard to any terms and conditions contained in any document of customer, even if they are additional to and not in conflict with these Terms and Conditions.
PRICES: Prices are subject to change without notice. Unless otherwise stated in writing, all prices are F.O.B. and shall be exclusive of transportation, insurance, taxes, license fees, customs fees, duties, premiums, and other charges. Any such taxes, fees and charges will be added to the price, paid directly by the customer or reimbursed by the customer if paid by All Classics Ltd.
TERMS OF PAYMENT: Ordering an item from us is on average a 30% deposit to start production unless otherwise stated by All Classics Ltd. Payment is due in full before we ship it out to you. Balance of invoices are due immediately upon receipt.
If customer fails to perform the terms of payment of any invoice or if the financial condition of customer shall become impaired or unsatisfactory to All Classics Ltd, All Classics Ltd, in its sole discretion, reserves the right to change the terms of payment, require payment in advance or security or a guaranty satisfactory to and/or defer or discontinue further shipments without prejudice to any other lawful remedy available to All Classics Ltd. All Classics Ltd also reserves the right in the case of any of the foregoing events to cancel all of customer’s orders, in which event customer shall fully compensate All Classics Ltd for any commitments, obligations, expenditures, expenses and costs that may have incurred in connection with the orders (e.g., conversion charges, restocking charges).
SET OFF: All Classics Ltd shall have the right at any time and without notice, to set off any liability or obligation of customer to All Classics Ltd against any liability or obligation of All Classics Ltd to customer.
FREIGHT CHARGES: Determined and collected by the carrier.
LOSS or DAMAGE in TRANSIT: All Classics Ltd is not responsible for loss or damage in transit. Our responsibility ends when the carrier signs the Bill of Lading, which is our receipt that the products were complete and in good condition when shipped. It is the customer’s responsibility to check the number of pieces shown on the freight bill and our Bill of Lading. Any shortage or damages should be notated on the freight bill before it is signed.
DELIVERY: Delivery and shipment dates are estimates only, and does not guarantee delivery or shipment on or by such dates. We will work with you for full tractor trailer and container shipments on delivery days or put you in contact with the shipping line.
INSTALLATION: All Classics Ltd shall deliver the repaired or replacement part of parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts and the installation of any replacement part or parts. Replacement parts shall be guaranteed for the balance of the original warranty period. IT IS CUSTOMER’S RESPONSIBILITY TO ASSEMBLE, INSTALL AND USE THE PRODUCTS SAFELY AND IN ACCORDANCE WITH OUR INSTALLATION INSTRUCTIONS.
INSPECTION: All products must be inspected upon receipt and claims must immediately be filed with the transportation company and All Classics Ltd when there is evidence of shipping damage, either concealed or external.
EXPORT: Customer is responsible for compliance with applicable export laws and obtaining the appropriate export licenses when reselling the products.
LIMITED WARRANTY: All Classics Ltd warrants its products to the original customer to be free from structural failure due to natural deterioration or corrosion or defect in materials or workmanship during normal use and installation in accordance with our published specifications.
Any warranty shall commence on the date of the All Classics Ltd invoice and terminate at the end of the period stated below. Warranty is one (1) year from invoice date for parts from fault or normal wear and tear.
The warranty stated for any product is valid ONLY if the products and the structures are: erected properly and in conformity with the layout plan and/or installation instructions furnished by All Classics Ltd using approved parts; maintained and inspected in accordance with All Classics Ltd instructions; subjected to normal use for the purpose of which the goods were designed; not subject to vandalism, misuse, neglect, accident or unauthorized addition or substitution of parts; no moved, in whole or in part, after its initial installation; and not modified, altered, or repaired by persons who are not specialized in the items field or All Classics Ltd in any respect which, in the sole judgment of All Classics Ltd, affects the condition or operation of the structures.
This warranty does not cover: 1) cosmetic damage or defects such as surface scratches, dents, marring, fading, discoloration, corrosion, cracking or peeling of specialized coating; 2) Damage due to normal wear and tear; 3) Damged due to “Acts of God”, such as hail, flooding, lightning, tornadoes, sandstorms, earthquakes, and windstorms; and 4) Damage due to “Environmental Factors”, such as wind-blown sand, salt water, salt spray or airborne emissions from industrial sources (sulfur, acids or corrosive chemicals, other than normal photochemical smog).
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER REPRESENTATIONS OF WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUARY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF CONDITION, DESCRIPTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY REPRESENTATIONS OR WARRANTIES MADE IN ANY BROCHURES, MANUALS, CATALOGS, LITERATURE, WEBSITES, OR OTHER MATERIALS OF ALL CLASSICS LTD FURTHER, NO REPRESENTATION, WHETHER ORAL OR WRITTEN OF ANY ALL CLASSICS REPRESENTATIVE MAY BE SUBSTITUTED OR ALTER THE EXCLUSIVE LIMITED WARRANT.
EXCLUSIVE REMEDY: To make a valid claim under the terms of this warranty (if applicable), the customer’s written statement of claim (including a specific description of the defect), along with a copy of the original invoice, maintenance records and supporting photographs, must be receive by All Classics Ltd at the following address:
All Classics Ltd
P.O. Box 5
Newark, DE 19715
on or before the end of the applicable warranty period for the item.
Should any breach of this warranty occur within the applicable warranty period, All Classics Ltd shall, upon proper notification in writing of the defect, correct such defect, either by repairing any defective part or parts or by making available a replacement part at All Classics Ltd option, within 60 days of receipt of such written notification. All Classics Ltd shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for removal, installation, assembly or otherwise. Any replacement part repaired or replaced by All Classics Ltd free of charge shall be subject to this warranty for the balance of the original part’s applicable warranty period but not thereafter.
LIABILITY EXCLUSIONS: TO THE EXTENT PERMITTED BY LAW, ALL CLASSICS LTD SHALL IN NO EVENT BE LIABLE IN CONNECTION WITH A PRODUCT (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, BASED ON TORT, CONTRACT OR OTHER LEGAL THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF AN AMOUNT EQUAL TO THE PURCHASE PRICE FOR SUCH PRODUCT.
THE RIGHT TO RECOVER DAMAGES WITH THE LIMITATIONS SPECIFIED IS CUSTOMER’S EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT THE REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
FORCE MAJEURE: All Classics Ltd shall not be liable in any way because of unforeseen circumstances or causes beyond its control, including, without limitation, strike, lockout, embargo, riot, war, act of terrorism, Act of God, accident, failure or breakdown of components necessary to order completion, subcontractor, supplier or customer caused delays, inability to obtain labor or materials or manufacturing facilities, or compliance with any law, regulation or order.
SAVINGS CLAUSE: If any part of the terms and conditions stated herein is held void or unenforceable, such part, to the extent void or unenforceable will be treated as severable, leaving valid the remainder of the terms and conditions which shall be deemed revised so as to remain enforceable to the greatest extent possible consistent with such holding.
GOVERNING LAW: All matters relating to the sale of products or services shall be governed by the law of the state of Delaware U.S.A., notwithstanding any conflict of laws principles.
DISPUTES: Customer irrevocably consents to the exclusive jurisdiction and venue of the courts of Delaware U.S.A. int he United States District Court for New Castle County in Delaware in all matters arising out of or relating to the sale of products and/or services hereunder.
DESIGN: All Classics Ltd will attempt to improve the equipment available for your play area and therefore reserves the right to change the design specifications without notice.