Governing Law and Jurisdiction
Disputes arising out of or related to these Terms and Conditions or transaction between PriceSmile.com and customer shall be governed by the laws of the State of California regardless of conflicts of law rules. PriceSmile.com and Customer consent to resolve any dispute under the exclusive jurisdiction and the venue of the State Courts of the State of California, Los Angeles County. The customer agrees not to bring any legal actions, including contract, equity, and tort, against PriceSmile.com that is more than one year after the date of purchase.
Pricing and Payment
We reserve the right to adjust specifications and prices without notice. We are not responsible for errors in pricing or other errors appearing on our site. We reserve the right to correct errors appearing on this site.
Buyer is responsible for all applicable federal, state (California), local taxes or duties. Total amount due will include shipping and handling charges. Buyer agrees to pay amount due on the invoice. On all past-due accounts, the buyer agrees to pay interest at the maximum allowable rate under applicable law and for collection costs, including attorney’s fees, court and any other costs involved in the collection of past due accounts. PriceSmile.com retains a purchase money security interest in the goods, including all accessions to and replacements of the goods, until the Buyer has made the payment in full. The Buyer agrees to fully cooperate with PriceSmile.com in all procedures (such as completing a Uniform Commercial Code financing statement and accomplishing such filing or recordings) PriceSmile.com deems necessary to protect its purchase money security interest.
Orders are not binding until it is accepted by PriceSmile.com; payments must be received before an order will be accepted. We reserve the right to defer shipments or cancel unshipped orders if the buyer fails to make payments in accordance with our Terms. PriceSmile.com reserves the right to review all orders; regardless of any confirmation receipt sent to the customer, we may accept or decline any order for any reason.
Limitation of Liability
PriceSmile.com MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF PRODUCTS SOLD. IN NO EVENT SHALL PriceSmile.com BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGES OF ANY CHARACTER IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION.
PriceSmile.com DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Images are shown for representational purposes only. In the event that actual images of a product are unavailable, PriceSmile.com reserves the right to substitute a similar image for the one described in the product information.
Titles to goods being purchased are retained by PriceSmile.com until goods are paid for by the purchaser. Goods will be shipped F.O.B. shipping point, meaning title and risk of loss passes to purchaser upon delivery to the carrier. PriceSmile.com will provide estimated shopping dates but we will, under no circumstances, be responsible for delays or damages associated with delivery due to events beyond reasonable control, including but not limited to acts of a higher being or public enemy, acts of federal, state or local government, civil disobedience, natural disasters, fires, freight embargoes, lockouts and strikes.
All product names and company logos mentioned remain the trademarks of their respective owners. All product names throughout this site are trademarks or registered trademarks of their respective holders.