Terms & Conditions
A LEGAL DISCLAIMER
The information provided on the SmashProof website, including but not limited to details about our security film products, installation services, and any associated content, is for general informational purposes only. This information is not intended to be comprehensive nor does it constitute legal, technical, or professional advice or recommendations. SmashProof does not guarantee the accuracy, completeness, or usefulness of this information and is not responsible for any errors or omissions or for the results obtained from the use of this information.
All information on the website is provided with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
SmashProof will not be liable to you or anyone else for any decision made or action taken in reliance on the information given by the website or for any consequential, special or similar damages, even if advised of the possibility of such damages. The website may contain links to other websites operated by third parties. These links are provided as a convenience to access the information contained therein. SmashProof is not responsible for the content of any such external sites and does not endorse, warrant or guarantee the products, services or information described or offered at these other websites.
Users of our website should not rely upon the information provided and should seek independent professional advice before making any decision or taking any action on the basis of any content of this website.
The use of the SmashProof website and its content is at your own risk. By using this website, you acknowledge and agree that you have read, understood, and agree to be bound by this disclaimer.
TERMS & CONDITIONS
The terms and conditions set forth in this document establish the standard terms and conditions of sale for all sales made by SmashProof LLC (“Seller”) to the purchaser (“Buyer”).
All sales by Seller to Buyer are expressly conditioned upon these terms and conditions. In the event that Seller and Buyer are parties to an executed written agreement covering the sale and purchase of the product(s) sold hereunder (the “Products”), including any written dealer or distribution agreements, that agreement shall control and govern the sale and purchase of the Products unless Seller and Buyer expressly agree otherwise in writing.
Except as provided in the aforementioned, this Standard Terms and Conditions of Sale, along with quotations, order acknowledgments, invoices, specifications, and all supplements and attachments thereto issued by Seller from time to time, shall constitute the entire agreement (“these Terms”) between Buyer and Seller for each such sale. In the event of any inconsistency between these Terms and the provisions contained in the applicable quotation, order acknowledgment, invoice, specification, or any supplements or attachments thereto, the latter shall control over these Terms.
Any conduct by Buyer recognizing the existence of a contract pertaining to the subject matter hereof, including acceptance of the Product, payment thereof, or resale of the Product, shall constitute acceptance by Buyer of these Terms. Any terms provided in Buyer’s purchase order or any other documents provided by Buyer to Seller are hereby objected to and expressly rejected.
These Terms may be modified from time to time by Seller, by notice to Buyer. Each modification shall be binding upon Buyer for all purchases occurring after the date of such modification. No modification or termination hereof or waiver of any of the obligations hereunder by Buyer shall be effective unless in writing and signed by Seller. The failure of the Seller to enforce at any time any of the provisions herein shall not be construed as a waiver of such provisions or options, nor affect the validity of these Terms or the right of the Seller to enforce each provision.
WARRANTY; DISCLAIMERS; AND LIMITATIONS
Subject to the terms of a Current Contract, Seller warrants the Products against failure due to manufacturer’s defect at the time of delivery to the dealer or distributor and prior to installation of the Products. This warranty applies only to Product that has not yet been installed and is still in its original protective packaging as provided by Seller. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT MAY ARISE FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE TRADE. SELLER DOES NOT WARRANT THE PRODUCTS AGAINST ANY DAMAGES, LOSSES, COSTS, CLAIMS AND LIABILITIES INCURRED IN CONNECTION WITH THE TRANSPORTATION, STORAGE, IMPROPER FILM HANDLING, SHIPPING, SALE OR SERVICE OF THE PRODUCTS BY OR ON BEHALF OF BUYER.
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL, OR FOR ANY EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM THE SALE, HANDLING, OR USE OF THE PRODUCTS SOLD HEREUNDER, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM COST OF SUBSTITUTE PROCUREMENT, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF BUSINESS, EVEN IF SELLER HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
DEALER’S OR DISTRIBUTOR’S REMEDIES WITH RESPECT TO ANY PRODUCT FURNISHED BY SELLER THAT IS FOUND NOT TO BE IN CONFORMITY WITH THESE TERMS DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, SHALL BE LIMITED EXCLUSIVELY TO THE RIGHT OF REPAIR OR REPLACEMENT OF SUCH DEFECTIVE PRODUCT OR REFUND OF THE SALE PRICE OF THE PRODUCT, AT THE SOLE DISCRETION OF SELLER.