MLSC Games LLC Standard Terms of Sale

All sales are subject to the following terms and conditions:

1. Customer Acknowledgment

Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from MLSC Games LLC.

2. All Sales Made In New Jersey

All sales shall be deemed made in the State of New Jersey, USA, regardless of the location of the Customer. The Customer agrees that any dispute with N.J. MLSC Games LLC. arising out of the Customers purchase from MLSC Games LLC shall be brought by the Customer exclusively in the state or federal courts situated in the State of New Jersey; and the Customer hereby agrees that such venue is appropriate and that MLSC Games LLC agreement to sell and deliver products to the Customer is dependent on this provision.

3. Purchase Price

(a) Prices are listed in MLSC Games LLC catalogs and web site, and are subject to change without notice. If there is a case of a price error, you will be contacted for approval before a higher price will be charged. Prices for certain governmental, corporate and institutional customers may be set forth in a bid or other written agreement between the parties.

(b) Payment is due before shipment.

(c) MLSC Games LLC collects sales and use taxes for sales made to residents of the State of New Jersey. MLSC Games LLC shall not be liable for handling or customs charges for shipments outside the United States.

(d) Shipping terms are: F.O.B. Howell, New Jersey or Orlando, Florida. MLSC Games LLC will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Risk of loss is upon Customer once MLSC Games LLC delivers the Product to the carrier. Delivery times are estimates only and MLSC Games LLC shall not be liable for delays.

4. Vendor License Agreements

Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer.

5. International

Products sold by MLSC Games LLC may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer.

Note about International Orders:

Items for shipment to countries outside of the United States may be subject to taxes, customs duties and fees levied pursuant to the laws of the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees which are NOT collected in advance or considered in either the price of the merchandise or the transportation costs.

6. LIMITED WARRANTY

(a) MLSC Games LLC warrants that it has good title to the Products it sells, and that it has proper authority to promote and sell the Products it distributes.

(b) MLSC Games LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR PURPOSE.

(c) All merchandise is shipped in good condition and is packaged properly. Should a package be delivered to you opened, damaged or tampered with, please notify the carrier immediately. Retain the shipping carton(s) for inspection. Any obvious damage must be claimed with the carrier.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL MLSC Games LLC BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. IN NO EVENT SHALL MLSC Games LLC LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM MLSC Games LLC. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.

8. Exclusive Agreement

These Terms of Sale represent the complete and final agreement between the Customer and MLSC Games LLC for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in MLSC Games LLC invoice for the relevant sale. Terms contained in Customers purchase orders, offers to buy, terms and conditions, and the like shall have no effect.

9. General

(a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of New Jersey.

(b) In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.

(c) MLSC Games LLC shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.

(d) These Terms of Sale may be modified from time to time by MLSC Games LLC without notice, and are current as of the date of the then current catalog or web site. Please refer to the current catalog or web site.

opyright © 2008 MLSC Games LLC