This is a non-cancelable order subject to acceptance by Topps Products, Inc. (hereinafter referred to as “Topps”) at their home office in the State of Kansas. Should this order not be accepted your funds will be returned to your account. This order is for materials only, as Topps does not contract for, become involved in, or provide application of product. DUE TO FACTORS, OVER WHICH Topps HAS NO CONTROL, ALL WARRANTIES AND DAMAGES ARE WAIVED EXCEPT AS SET FORTH in the LIMITED PRODUCT DEFECT WARRANTY.
TOPPS PRODUCTS, INC.
LIMITED PRODUCT DEFECT WARRANTY
TOPPS® Products, Inc. (hereinafter referred to as TOPPS), warrants for one year from the invoice date for product received that the materials are manufactured in compliance with TOPPS product specifications. The obligation of TOPPS shall be limited to the replacement or refund of amount paid to TOPPS for that portion of the TOPPS material proven not manufactured to specification, FOB Cleveland, OH. at Topps sole discretion. Any product replacement shall be warranted for the longer of one year or the remainder of this original Limited Warranty.
TOPPS does not contract for, or become involved in, or provide application of product. PURCHASER UNDERSTANDS THAT VARIOUS FACTORS AND CONDITIONS EXIST WHICH CAN GREATLY AFFECT RESULTS WITH USE OF PRODUCT(S), ALL OF WHICH MANUFACTURER/SUPPLIER HAS NO CONTROL; INCLUDING BUT NOT LIMITED TO SUSTRATE CONDITIONS, SURFACE INTEGRITY, ROOF PREPARATION, PRODUCT APPLICATION, etc. THEREFORE, ALL WARRANTIES AND DAMAGES ARE HEREBY WAIVED EXCEPT AS SET FORTH HEREIN. THIS WARRANTY IS PURCHASER’S EXCLUSIVE WARRANTY OF TOPPS’ OBLIGATION TO YOU AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL OTHER WARRANTIES OF ANY TYPE OR NATURE, ARE HEREBY DISCLAIMED AND EXCLUDED. TOPPS IS NOT LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY NATURE OR TYPE. IN NO EVENT WILL ANY CLAIM OR RECOVERY EXCEED THE ORIGINAL PURCHASE PRICE OF THE SPECIFIC MATERIALS PROVEN DEFECTIVE.
No representative, employee or agent of TOPPS, or any other person, is authorized to assume for TOPPS any other or additional liability or responsibility for TOPPS unless it is in writing and signed by an authorized officer of TOPPS Products, Inc.
Should any of the warranted TOPPS materials prove to be manufactured outside of specification, the purchaser must notify TOPPS of the defect in writing, providing dated proof of purchase (the invoice) and a list of the batch numbers (11 or 12 digits) from the label on each TOPPS pail top, or other satisfactory proof of purchase.
THIS CONTRACT IS ENTERED INTO IN THE STATE OF KANSAS AND MUST BE CONSTRUED AND INTERPRETED EXCLUSIVELY ACCORDING TO THE LAWS OF THE STATE OF KANSAS. All parties hereto consent to and submit to jurisdiction in the state of Kansas. If any provision of this contract violates any applicable laws, then such provision is stricken with all other provisions herein remaining in full force and effect. There are no other contracts, promises or understandings, written, spoken, or implied in addition to those stated in this agreement. This Limited Warranty is made to the original purchaser and is non-transferable.
By submitting this order electronically Purchaser acknowledges that they have read, understand, and accepts all the terms and conditions of this Order Form and the TOPPS PRODUCTS, INC. LIMITED PRODUCT DEFECT WARRANTY which constitutes the entirety of this Materials Purchase Contract and LIMITED WARRANTY.