In the event that a Creative Store Solutions product is mistakenly listed at an incorrect price, Creative Store Solutions reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Creative Store Solutions reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Creative Store Solutions shall issue a credit to your credit card account in the amount of the incorrect price.
All products sold by Creative Store Solutions are subject to inspection by the customer promptly upon the customers receipt and, unless Creative Store Solutions is advised in writing to the contrary, such products will be deemed to be accepted as conforming with there intended use and free from all any defects. If the customer finds the products to be non-conforming, the customer must promptly so advise Creative Store Solutions in writing, specifying all claimed defects or non-conformities. The customer will also be required to give Creative Store Solutions an opportunity to investigate the claims.
Creative Store Solutions warrants that all of the goods supplied by it are free from manufacturing defects in material and workmanship. Creative Store Solutions represents that it has inspected in a reasonable manner all components manufactured by others and used in Creative Store Solutions products and warrants that those components are free from manufacturing defects in material and workmanship. ANY AND ALL WARRANTIES ARE VOID IF THE PRODUCTS HAVE NOT BEEN USED, CARED FOR AND MAINTAINED IN ACCORDANCE WITH CREATIVE STORE SOLUTIONS WRITTEN INSTRUCTIONS ACCOMPANYING THE PRODUCTS (if required) OR IF THE PRODUCTS HAVE BEEN OTHERWISE UNREASONABLY USED, NEGLECTED, MISHANDLED, OR IMPROPERLY SERVICED OR STORED OR IF THE PRODUCTS HAVE BEEN DAMAGED BY ACCIDENT OR OTHER CASUALTY. No employee or representative of Creative Store Solutions has authority to bind Creative Store Solutions to any representation, promise or warranty concerning the goods. Unless a representation, promise or warranty is set forth in this instrument it is not enforceable by the customer. THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AGAINST CREATIVE STORE SOLUTIONS FOR BREACH OF ANY WARRANTY WILL BE FOR THE REPAIR OR REPLACEMENT OF THE PRODUCT. ALL PRODUCTS ARE REQUIRED TO BE RETURNED AT THE CUSTOMERS COST TO CREATIVE STORE SOLUTIONS PRIOR TO ANY WARRANTY CREDITS OR REPLACEMENTS BEING ISSUED. NO OTHER REMEDY, INCLUDING BUT NOT LIMITED TO COMPENSATION FOR PROPERTY DAMAGE, LOST PROFITS, LOST SALES, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WILL BE AVAILABLE TO THE CUSTOMER. Claims under the foregoing warranties must be made by obtaining the proper Return Authorization (RA) and shipping instructions of Creative Store Solutions and returning the defective goods in accordance with Creative Store Solutions policies then in effect. This paragraph constitutes the complete and final expression of any and all warranty agreements between Creative Store Solutions and the customer notwithstanding any usage of trade, course of dealing or documents sent to Creative Store Solutions by the customer.
If Creative Store Solutions manufactures or modifies any goods in accordance with the customer's requests, plans or specifications, the customer will indemnify and hold Creative Store Solutions, its agents, officers and employees, harmless from and against all liabilities, losses, claims, causes of action, penalties and expenses, including but not limited to attorney's fees and court costs, imposed on, incurred by or asserted against Creative Store Solutions, its agents, officers or employees, on account of bodily injury or death or property damage or destruction or on account of infringement of any patent, design, copyright, tradename or trademark, existing or hereafter issued, directly or indirectly arising out of such requests, plans or specifications or out of any alleged breach by Creative Store Solutions of any implied or express warranty (except for the limited warranties specifically set forth in this instrument). The provisions of this paragraph are expressly made for the benefit of Creative Store Solutions, its agents, officers and employees and its successors and assigns, and will continue in full force and effect not withstanding the termination of this instrument.
The waiver by Creative Store Solutions of any term or condition of this instrument will not be construed to be a waiver of any other term or condition hereof, nor will such waiver of a subsequent breach of the same term or condition, nor will it be deemed a waiver of any term or condition in any subsequent instrument. SEVERABILITY In the event any provision of this instrument is held to be invalid or unenforceable, the other provisions of this instrument will be valid and enforceable.
The laws of the State of California will govern the validity, interpretation and enforcement of this instrument. The sole, exclusive and proper venue for any proceedings brought to interpret or enforce this instrument or to obtain a declaration of the rights of the parties hereunder will be San Diego County, California.
In the event that any suit in law or equity, arbitration or the formal proceeding is instituted by any party or interpret any part of this instrument, or to recover damages for breach thereof, the prevailing party will be entitled to recover costs of suit, including but not limited to reasonable attorney's fees, incurred. If any collection procedure does not culminate in the commencement of any suit, arbitration or other formal proceeding, Creative Store Solutions will be entitled to recover from the customer, all costs, including but not limited to attorney's fees, incurred by Creative Store Solutions inc. in connection with such collection procedure.