General Terms And Conditions For The Sale Of Goods

Applicability

These terms and conditions of sale (collectively, this “Agreement”) are the only terms which govern the sale of the goods (“Goods”) by Griffin Technology, Inc. (“Griffin” or “we/us/our”) to each purchaser of Goods (“you”) via www.griffintechnology.com.au (our “Website”). With respect to the subject matter hereof, this Agreement comprises the entire agreement between the parties and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.

Delivery

(a) The goods will be delivered within a reasonable time after the receipt of your purchase order; provided that part or all of your order may be delayed due to item availability or seasonal backlog. Griffin shall not be liable for any delays, loss or damage in transit.

(b) If you select USPS as your shipping method for international orders, please allow 3-4 weeks for delivery. There will be no tracking information available for orders shipped via USPS. If you require a tracking number for your order, please select one of the UPS shipping methods.

(c) Your local government may impose import duties and/or VAT (Value Added Taxes) on shipments from outside your country. You are responsible for paying any taxes, duties and/or customs fees charged by your government. Griffin does not guarantee delivery to, or process orders from, some countries.

(d) The risk of loss and title for all Goods pass to you upon Griffin’s delivery to the carrier.

Payment Terms

You will pay the purchase price for the Goods plus all applicable shipping and other fees upon submission of your purchase order.

Custom Goods And Buyer-Provided Content

Griffin may offer certain products, including “Case Creator” custom cases, that enable you to submit text and/or images in order to create customized products. Anytime you submit text and/or images to Griffin for such purpose, you: (i) thereby grant to Griffin a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute the submitted content, solely for the purpose of providing the requested product or service, and (ii) represent and warrant to Griffin that the content submitted (and Griffin’s use thereof) complies in all respects with the requirements and standards for User Contributions contained in our Terms of Use (including non-infringement of any third-party copyright or other intellectual property rights). YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS GRIFFIN, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO THE BREACH OF ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS PARAGRAPH. Without limiting any of the foregoing, Griffin may refuse to fulfill any order for customized Goods in its sole discretion.

Limited Warranty

(a) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN GRIFFIN’S PUBLISHED “WARRANTY INFO” AVAILABLE AT WWW.GRIFFINTECHNOLOGY.COM/SUPPORT/RETURNS (THE “LIMITED WARRANTY”), GRIFFIN MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY, OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

(b) Products manufactured by a third party (“Third Party Products”) may constitute, contain or be contained in, incorporated into, attached to or packaged together with, the Goods. Third Party Products are not covered by Griffin’s Limited Warranty. For the avoidance of doubt, GRIFFIN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY, OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

(c) THE REMEDIES SET FORTH IN GRIFFIN’S LIMITED WARRANTY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND GRIFFIN’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY.

Limitation Of Liability

(a) IN NO EVENT SHALL GRIFFIN BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT SHALL GRIFFIN’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO GRIFFIN FOR THE GOODS SOLD HEREUNDER.

Compliance With Law

You shall comply with all applicable laws, regulations and ordinances. You shall comply with all export and import laws of all countries involved in the sale of the Goods under this Agreement or any resale of the Goods by you. You assume all responsibility for shipments of Goods requiring any government import clearance.

Governing Law

All matters arising out of or relating to this Agreement will be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule.

Submission To Jurisdiction

Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration conducted in Davidson County, Tennessee by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Each party irrevocably waives the right to a jury trial in any such dispute.

Severability

If any portion of this Agreement is held invalid or unenforceable, the other provisions of this Agreement shall be deemed valid and enforceable, and so far as it is reasonable and possible, effect shall be given to the intent manifested by the portion held invalid or unenforceable.

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