Delivery and Title: All shipments will be
F.O.B. Shipping Point, and title and risk of loss will pass to the Buyer when
accepted by the freight company. Toy City Online reserves the
right to make partial shipments and/or ship from multiple locations unless the
Buyer specifies otherwise. Toy City Online reserves the right to
ship via its preferred carrier. Buyer agrees to comply with all applicable
export laws, codes and licenses of the U.S. and other applicable jurisdictions
in the use and resale of Toy City Online products including
Buyer’s acceptance of responsibility for the payment of any relevant taxes or
Security Interest: Buyer grants
Toy City Online a purchase security interest in each product sold by
Toy City Online to Buyer in the amount of the purchase price
satisfied by full
payment of the invoice amount.
Prices: Prices are subject to change without
notice and are in effect as of the shipping/invoice date. Prices exclude any
federal, state, local or other governmental taxes applicable to the sale.
International sales are subject to applicable transportation and import duties,
insurance and licenses.
Change, Cancellation, and Rush Charges:
Changes may result in delays of the scheduled ship date. Toy City Online reserves the right to treat additions to orders as separate
orders and apply charges for changes, cancellations or rush charges.
Returns: Returned material will not be
accepted without prior written authorization from Toy City Online. Prior authorization will include a Returned Merchandise Authorization
Number (RMA) and the Buyer will include a written explanation of problem or
defect (with RMA) enclosed in the box and the RMA clearly marked on the outside
of the box. Authorized returns must be sent freight prepaid in new, unused
condition and will be subject to a minimum 20% restocking charge.
Limited Warranty: Toy City Online warrants
that its products are free from defects in materials and
workmanship. The warranty applies only to the Buyer and
does not extend to any other party. Items not included
in Toy City Online’s warranty are
conditions in which Toy City Online has no control, including:
catastrophe, improper installation or maintenance, modification, misuse, abuse,
alteration, tampering or disassembly, undue electrical discharge or lightning
strike, improper storage or use outside its intended and normal manner. Remedy
to the buyer will be defined as repair to defective parts or credit or
reimbursement for the defective product in an amount not to exceed the purchase
price. Toy City Online reserves the right to replace any product
under warranty with new or remanufactured product. Toy City Online will not be responsible for back charges, labor costs of removal or re-installation of said products. The foregoing limited warranty is exclusive and
in lieu of all other warranties, whether oral, written, implied or statutory.
Toy City Online will not be responsible for any loss or damage
resulting from its products used in conjunction with other parts or systems not
manufactured by Toy City Online. Refer to this Sales Policy for
length of product warranty (lifetime, etc.) for each individual product.
This Limited Warranty sets exclusive remedies for claims based on any defect,
malfunction, or non-performance of the product. Except as set forth in Patents
section, the foregoing limited warranty is exclusive and in lieu of all other
warranties. All Product – related warranties not specifically set forth in this
sales policy, whether express or implied, oral or written, are hereby disclaimed
by Toy City Online, including but not limited to the disclaiming
of all warranties of design, merchantability and/or fitness for a particular
Product Usage Limitation: Buyer agrees not
to sell or use product in a manner in which the product is not intended or
modify the design for use with other products without the prior consent of
Toy City Online.
Force Majeure: Toy City Online will not be held liable for delay, loss, damage or failure to perform due to
causes beyond its reasonable control. Such causes may include but are not
limited to natural disasters (floods, etc.), war, intervention of government
authorities, strikes or labor disputes, unforeseen material shortages,
transportation work slowdowns, vehicle accidents, Buyer acts, etc. In the event
of such an occurrence beyond its reasonable control, Toy City Online will make adjustments to best reflect the new estimate of completion time.
The Buyer’s receipt of goods or services shall constitute acceptance and,
therefore, a waiver of any claims for delay.
Disclaimer: Toy City Online
makes no claims or warranties of any kind regarding product’s or company’s
ability or effectiveness to detect or prevent physical injury or death, property
damage, theft or loss of any kind. Toy City Online does not
represent that the product cannot be circumvented or compromised. Toy City
Online will not be liable for any personal injury, death, property
damage or loss of any kind to purchaser or others, whether directly, indirectly,
incidentally, or otherwise, caused by the operation, non-operation, functioning,
malfunctioning or misuse of the product.
Applicable Governing Law: Terms and
conditions of these policies will be subject to the laws of the State of New
Hampshire – Cheshire County.