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TOS

Terms and Conditions of Sale

1. Sale and Purchase of Goods

Ultimate Distributors LLC ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, goods of the description and quantity described on the checkout window ("Checkout") and incorporated herein by this reference ("Goods") on the terms and conditions set forth in this Agreement.

2. Purchase Price

Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.

3. Payment Terms

The total amount of the Purchase Price shall be payable in full by Buyer at time of checkout.


4. Delivery

Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only, provided by 3rd party shipping companies and estimates of the handling/processing time for different sized orders. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller's standards and practices.

5. Limited Warranty

Seller supplies as its sole warranty the following:

Claims of shortages, damages or defective merchandise must be reported within 72 hours of receipt of order. No returns will be accepted without authorization.

No returned products will be accepted without an authorized RA number that you will put on the shipping label. Shipping charges on returned products are the responsibility of the customer. At Ultimate Distributors LLC discretion, a 20% restocking may be assessed to the returned order.

Any decision or request to have a third party arbitrator about disputed merchandise during or before requesting a return from us directly, such as paypal or bank regarding a dispute will be the final resolution. No additional refunds, replacements or returns under any circumstances will be issued beyond the arbitrators judgement regarding the dispute.

If you are not satisfied with your purchase, you may return most items within 14 days of the date of shipment. Items can be exchanged or given a refund for the amount of your merchandise in the order. All returned items must be in their original and include packing material, manuals and all accessories.


No Items will be returned for:
Product returned is incomplete or defaced.
You do not have original order number or receipt.
Returned items have different serial number from what was originally sent.
Items that are opened and not in original packaging.
Warranty cards are filled out.

Damaged Shipments: If your shipment arrives damaged: You must notate the damage with the carrier’s delivery record in accordance with the carrier’s policy, save the merchandise in the original box and packing it arrived in and notify Ultimate Distributors LLC immediately to arrange for a carrier inspection and pick up of damaged merchandise.

Canceled Order Before Shipment Has Occurred: Ultimate Distributors LLC reserves the right to charge up to a 20% cancellation fee if the order has not been shipped, and you decide to cancel for any reason at or up to the date and time of shipment. This is to cover our costs associated with processing the order.

Return of Product: Contact Ultimate Distributors LLC within the 14 days of shipment for a Return Authorization Number before returning to Ultimate Distributors LLC. No returns of any type will be accepted without an RA number.

Shipping charges: Original shipping charges are not refundable. Shipping charges of returned product are the responsibility of the customer. Ultimate Distributors LLC will match the shipping method and pay for shipping charges on replacement or product exchange only.

Please note that returns are not accepted under any circumstances after 14 days from date of purchase.

The warranty shall last for 14 days from date of shipment.

The warranties provided for herein shall be governed by Seller's warranty policies in effect on the date of shipment.

6. Disclaimer of Warranty/Limitation of Liability

Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.

SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.

SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.

7. Force Majeure

Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

8. General

Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Colorado, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the State of Colorado and hereby waives any objection to such jurisdiction and venue.