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SALES TERMS AND CONDITIONS

  1. GENERAL.
  1. These terms and conditions of sale (hereinafter the “Terms and Conditions” and/or “Terms”) govern and apply to sale and delivery of all products (the “Products”) ordered/purchased on the website located at www.extremaratiousa.com (the “Website”) by and between Extrema Ratio U.S.A. a company organized under the laws of Wyoming with its principal office at 109 East 17th Street Suite 490, Cheyenne, WY, 82001 (hereinafter “Extrema Ratio” and/or “Seller”) and a customer, meaning a natural person buying the Products as end consumer (“Customer” or “you”). The Terms apply regardless of where you are located, provided that the delivery of the Products takes place in the U.S.
  1. These Terms form an integral and substantial part of every purchase proposal, purchase order and order confirmation of the Products and supersede any and all prior oral quotations, communications, agreements or understandings of the parties in respect of the sale and delivery of the Products and shall supersede any and all other terms and conditions contained in any order placed by a Customer otherwise communicated by a Customer. Any preprinted terms and conditions on any purchase order or other form document provided by Customer, shall be without force and effect unless Seller and Customer agree in writing to modify these Terms or to state that these Terms will not apply. Seller deems material and object to and reject any terms and conditions which are additional to or different from these Terms, which Seller have not separately agreed to in writing (except additional provisions specifying quantity, description of the Products ordered and shipping instructions). Any Seller’s failure to insist on performance of or to exercise any right under these Terms shall not thereafter waive any such term, condition, right or privilege.
  1. Any quote, acknowledgement or acceptance of your order by Seller is expressly limited to and made conditional upon your acceptance of the Terms. By placing an order for Products on the Website (“Purchase Order“), you irrevocably and unconditionally accept in full these Terms and Conditions, which shall govern the purchase of the Products.

If you are not sure about the legality of any Product for sale on our Website, you MUST CONTACT your local District Attorney’s Office and ask them if you can carry or own suspected items in your state. Many states allow you to own suspected items but not carry them. Suspected items are not to be used as weapons or to cause bodily harm or damage to personal property in any way. It’s YOUR RESPONSIBILITY to know the law before you order. It is the responsibility of Customer, NOT THE SELLER, to ascertain, and obey, all applicable local, state, federal and international laws in regard to the possession and use of any Product on this Website. Seller shall not be held liable for the misuse of any Product listed on this Website. By purchasing any Product from our Website, the Customer warrants compliance with all local, state, federal and international law, and that the Customers is legally able to purchase such Product from our Website. Extrema Ratio disclaims any and all liability related to improper, illegal, unintended use or modification of the Products sold through our Website. Customer assumes all risk of injury from any use of the Products.

  1. PURCHASE PRICE.
  1. Unless otherwise indicated, the prices of the Products published on the Website by Seller are expressed in US dollars (USD) (the “Purchase Price”). No cash discounts, back charges, setoffs, retention or counterclaims are allowed without Seller’s prior written agreement. In addition to the Purchase Price specified, Customer is responsible for any federal, state, provincial, or local excise, use, occupational, or other tax (including but not limited to, customs duties and clearance fees), duty or assessment now in force or to be enacted in the future, assessed against Seller or Customer by reason of the Purchase Order (the “Taxes”). All applicable Taxes shall be added to the Purchase Price at check-out, and you shall have an opportunity to review all such charges prior to completing and submitting an order. The amount of Tax and other charges shall depend on various factors, including, without limitation, the type of Product purchased, the price of the Product and the destination of the shipment. Tax regulations may change between the time you place an order and the time payment is cleared, which may affect the calculation of Taxes. The amount appearing on the checkout page may differ from the sales taxes ultimately charged, as indicated in the invoice you will receive with the shipping confirmation e-mail.
  1. The Purchase Price is that published on the Website at the time of placing the Purchase Order and include standard packaging. Seller reserves the right to confirm or change the Purchase Price at the time of Confirmation Order.
  1. In the event that any Products on the Website are mispriced, Seller shall have the right to refuse or cancel any Purchase Orders placed for Products listed at the incorrect price, regardless of whether Customer has received an Order Confirmation or paid for. If the Purchase Order is cancelled by Seller after payment has already been made, Seller will refund the amount of the incorrect price to Customer in due course.
  1. PAYMENT TERMS.
  1. The following methods are accepted for payment: (i) Credit card (Visa, Mastercard); and (ii) and Paypal.
  1. You must pay at the time of order through the Website. Seller reserves the right not to accept the Purchase Order if the relevant provider of the payment instrument fails to authorize the payment.
  1. If a credit card account is being used for a transaction, Seller may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while Seller verifies your new payment information. You represent and warrant that if you are making online payments (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
  1. Any refunds of amounts paid to Seller will be made using the same payment method that you have used to make the purchase. Refunds will be processed in the time and manner provided by the provider of that payment instrument.
  1. SHIPPING AND DELIVERY TERMS.
  1. Unless otherwise agreed in writing, Seller will exclusively cover the standard shipping costs. If you require any additional services beyond standard shipping such as shipping insurance, expedited shipping and/or supplementary extra services, you will be responsible for covering the associated costs. Products purchased on the Website are delivered to the shipping address you have indicated when purchasing the Product. Title to the Products passes when, after payment in full of the Purchase Price, the Products are shipped by Seller to the address indicated by you.
  1. The delivery of the Products is made through couriers appointed by Seller. Once the Products are ready to be shipped, you will receive an email indicating the name of the courier, the estimated delivery time, and the shipping number so you can monitor the status of your order (the “Shipping Email”). Please note that the shipping/delivery times are estimates only and non-binding nor a representation by Seller. Seller shall not be liable for failure to ship or deliver the Products by the estimated delivery dates, and Customer shall not be entitled to any refunds or cancellation of orders as a result of delayed shipment. The date of shipment is the date on which the Products are entrusted to the courier (the “Shipping Date”). Products belonging to the same order can be delivered in partial deliveries. Partial deliveries do not entitle you to refuse the delivery and/or to obtain compensation.
  1. The bill of delivery issued by the carrier, dated and signed, is proof of the successful transport and delivery of the Products, and determines the start of the Warranty Period.

13.      CUSTOMER’S ACCEPTANCE OF THE PRODUCT.

  1. At the time of delivery, you must check that: (i) the number of packages corresponds to the number indicated in the relevant bill of delivery; and (ii) the Product and package are intact, undamaged, neither damp nor altered, and that the contents are intact.
  1. If you notice any anomalies, you should report on the bill of delivery in writing your observations as to the anomalies. If you sign the bill without reservation, you will be prevented from disputing the above. Issues relating to the quantity, integrity, compliance, claimed damage, defect or nonconformity of the Products and completeness of the Products that have been delivered must be reported to Seller with a written notice at the following address info@extremaratiousa.com  within twenty-four (24) hours after delivery.
  1. Unless Customer sooner notify Seller in writing, Customer shall be deemed to have effected acceptance of the Products within twenty-four (24) hours following delivery of the Products. Any claim not reported to us within twenty-four (24) hours after delivery of the Products shall be waived. 
  1. RETURN POLICY.
  1. We do our very best to make sure all of our customers are more than satisfied, but if for some reason a return or exchange is required, we will make the process as hassle free as possible. Please be aware that customized Products are unique in approach; due to the personalized nature of custom-built Products, we are unable to accept returns for these items. Below are some guidelines to our return policy.
  1. Return must be initiated within 14 (fourteen) days from the date your order was delivered and we must receive the return no later than 24 (twenty-four) days after the date your order was delivered.

Please abide by the following instructions to start a return (VALID ONLY IF YOU HAVE PURCHASED THE PRODUCTS DIRECTLY ON OUR WEBSITE):

Contact our customer service at info@extremaratiousa.com and:

Please note that we will not accept any returned items that do not meet the above requirements.

Once we receive your item(s), we will inspect the Product for refund authorization. If the return request is approved, you will receive a refund issued to the Credit Card that was used for the original order.

If you have any additional questions, please contact our customer service team at info@extremaratiousa.com.

  1. COUNTERFEIT WARNING.
  1. Unfortunately, there are some counterfeit and replica of Extrema Ratio’s products available in the market. Extrema Ratio works with customs authorities, law enforcement, and legal representatives in an effort to prevent the sale of counterfeit Extrema Ratio’s products online and through retailers. These counterfeit products are often made from sub-standard materials which do not meet the rigorous quality control standards of Extrema Ratio and are not covered by Extrema Ratio’s Warranty. To avoid the risk of purchasing counterfeit products, it is best to buy directly from an authorized Extrema Ratio dealer, or through the Website. To report counterfeits, please contact us immediately at info@extremaratiousa.com.
  1. LIMITED WARRANTY.
  1. All Products that Seller manufactures are warranted by Seller to be free from defects in workmanship and material when used and maintained according to Seller’s written instructions, excluding the specific limitations set forth below, for a period of two (2) years from the date the Products are delivered to the Customer (the “Warranty Period”). As limited exception to the foregoing, this warranty shall not apply to discount merchandise and to Products sold “as-is”. Any alteration by Customer of goods sold shall render this warranty void. EXCEPT WHERE PROHIBITED BY LAW OR AS OTHERWISE PROVIDED HEREIN, THE SELLER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE SELLER PERSONNEL ARE NOT AUTHORIZED TO ALTER THESE WARRANTIES.
  1. You acknowledge that you alone have determined that the Products are suitable to meet your intended use. You shall be solely responsible for and shall release us and hold us harmless from any damages resulting from improper, inadequate or vague information supplied by you. This warranty is not transferable.
  1. The warranty applies only to Customer and does not apply to damages, defects, failure or loss that result from: (i) natural wear and tear of the Products, movable parts, or covering materials; (ii) accident, misuse, abuse, neglect, unusual physical stress, improper operation, maintenance, handling, installation, non-compliance with the general instructions of normal use, and exposure to extreme environmental conditions (e.g., climate, humidity, chemicals) or conditions beyond performance and design specifications; (iii) careless use or inexpert maintenance, repair, cleaning or care contrary to Seller’s maintenance instructions; (iv) materials supplied by Customer and Customer’s own material purchased by the Seller (not original parts), modifications to the Product or changes in construction requested by Customer or alterations of the Products; (v) use of sharp objects (e.g., writing tools) on the surface of the Products; and (vii) an act of God, fire, earthquake, flood, high wind, war, strikes or other causes beyond the Seller’s reasonable control.
  1. Seller is not responsible for damages which have occurred due to transport and have not been notified to the courier at the time of delivery. You should notify the courier of such damages immediately after the receipt of the Products pursuant to Section 13.2. above.
  1. If Seller, after reasonable inspection, deems a Product defective as a result of a defect in materials or workmanship, Seller, in its sole option, shall repair or replace, subject to availability of replacement materials or Products, the defective Product at no cost to Customer. If identical materials are not available at the time of repair or replacement, Seller will replace the Product with a Product which is similar in function and quality; in such event, you may refuse the replacement, and Seller will issue a credit for the non-conforming Product. If the replacement or repair of the Product is impracticable, Seller will either refund the price paid for the Product (provided that the Product is delivered back to Seller) or grant a price reduction, at Seller’s option. Please note that the warranty covers only Products that have been purchased online directly from Seller and does not extend to Products that you have purchased from a subsequent owner/retailer.
  1. Seller may change the terms or availability of this warranty at any time at the Seller’s sole discretion without prior notice, but such changes will not apply to any Products purchased prior to the effective date of such change.
  1. WARRANTY RETURNS AND REPAIRS.
  1.  For Warranty returns, please:
  1. Contact our customer service at the address info@extremaratiousa.com, providing:
  2. payment receipt dated at the time of the first purchase;
  3. detailed description of the problem encountered supported by photos;

The repaired/replaced Product will be shipped via express courier with tracking proof.

  1. Before sending your Product for repair or service, ensure there are no issues with re-importation into your own country, to avoid the item being unable to be returned.

Any returns that do not comply with the above rules will not be accepted. Repair times vary depending on the type of problem to be resolved and will be indicated each time at the time of acceptance.

  1. LIMITATION OF REMEDIES.
  1. Your sole and exclusive remedy against us for breach of warranty will be limited, at our option, to our repair or replacement of any nonconforming Product for which a claim is made, or to our issuance of a credit for a nonconforming Product, in accordance with any instructions that Seller has given you for the return of the Product or otherwise. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Extrema Ratio is willing and able to repair or replace the nonconforming Product and, in any event, our liability for any damages shall be limited to the Purchase Price of the nonconforming Product. THIS PARAGRAPH STATES YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY AND MAY BE PLED AS A COMPLETE BAR TO ANY ACTION IN VIOLATION OF THIS CLAUSE.
  1. LIMITATION OF ACTIONS AND LIABILITY.
  1. All claims or lawsuits against us must be brought within one (1) year from the date the claim accrues. EXTREMA RATIO WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM DELAY IN DELIVERY OF THE PRODUCTS OR FOR ANY FAILURE TO PERFORM THAT IS DUE TO CIRCUMSTANCES BEYOND OUR CONTROL. OUR MAXIMUM LIABILITY, IF ANY, FOR ALL DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM OUR BREACH OF THESE TERMS, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT WITH RESPECT TO THE PRODUCTS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCTS. IN NO EVENT SHALL EXTREMA RATIO BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES AND PROFITS, OR ATTORNEYS’ FEES OR COSTS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS YOUR EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT ANY OTHER REMEDY UNDER THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.
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