This contemporary styled futon sofa is covered with a polyurethane material which makes it a perfect fill-in space if you're looking forward to spending quality and a relaxing time with friends and family. Its well finished legs make this sofa not only comfortable, but durable and secure as well.
The Customer (“CUSTOMER”) agrees to purchase sale product(s) from College Products.com (“CP”), herein:
1. Orders with full payment will be processed by CP upon receipt. CP will not process incomplete orders. CP will notify CUSTOMER of incomplete orders.
2. CUSTOMER is responsible for obtaining product(s) from the distribution location provided by CP or if noted obtaining through mail, provided CUSTOMER’s order is complete.
3. CUSTOMER shall provide CP with immediate notice of missing parts or repair questions. CP will repair or replace product(s) at CP’s discretion.
4. CUSTOMER will pay a $30.00 service fee to CP for any returned check plus any bank fee charges.
5. CUSTOMER and any permissive user assume all risk whatsoever for personal injury, or death, as well as property damage resulting from the improper assembly and use of the product(s). CUSTOMER and any permissive user further agrees to indemnify, release and hold CP and School, and their officers, directors, regents, employees, agents and those under their control or for whom they are legally responsible, harmless without a determination of liability or payment being made from any and all liability for and any and all claims, demands, injuries, actions, causes of action, damages, costs and expenses whatsoever, (including attorney’s fees) arising out of the improper installation, assembly and use of the product(s) including installation, assembly and use by someone other than CUSTOMER.
6. If CUSTOMER cancels or is forced to terminate this agreement a 10% cancellation fee will apply prior to distribution; 20% cancellation after distribution. Processing and order fees are non-refundable. CP’ reserves the right to cancel order at any time.
7. At the signing of this Agreement CUSTOMER represents to CP that CUSTOMER is 18 years of age or older.
8. This Agreement, and all questions and disputes arising in connection herewith, shall be governed by the laws of the State of Iowa. The Circuit Court located in Woodbury County, Iowa, shall have jurisdiction and be the venue of all disputes between the parties, whether such disputes arise from this Agreement or otherwise. In the event CP shall prevail in whole or in part in any such action, CUSTOMER shall pay CPS’ reasonable attorneys’ fees and costs.
9. CP MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND; AND ANY WARRANTY, EXPRESS OR IMPLIED, IS EXCLUDED AND DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on implied warranties, so the above limitation may not apply to you.
10. IT IS AGREED THAT CP’S LIABILITY AND CUSTOMER’S SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE), IN STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PRODUCT PRICE PAID BY CUSTOMER, AND UNDER NO CIRUMSTANCES SHALL CP BE LIABILE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, AND OTHER ADDITIONAL EXPENSES, EVEN IF CP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRICES STATED FOR THE PURCHASED ITEMS IS A CONSIDERATION IN LIMITING CP’S LIABILITY AND CUSTOMER’S REMEDY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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