Terms of Sale
Last updated: January 2021
No Warranties; Exclusion of Liability
All goods sold by Swing Cushions USA, LLC (“Swing Cushions USA”) are PROVIDED “AS-IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Swing Cushions USA, assumes no liability for results of the use of goods purchased from Swing Cushions USA, including, without limitation, their use in combination with other components, assemblies or products, or their suitability or unsuitability for a particular use or a particular environment Unless specifically indicated to the contrary, goods sold are not fire retardant and should not be exposed to intense heat or flame. Unless specifically indicated to the contrary, goods sold are not water resistant or waterproof. Swing Cushions USA neither undertakes to independently test nor makes any representation or warranty with respect to any claims for performance for its products, including claims that its product is fire retardant, water resistant or waterproof. WITHOUT LIMITING THE FOREGOING, SWING CUSHIONS USA SHALL IN NO EVENT BE LIABLE FOR LOSS OF USE OR PROFIT, OR FOR OTHER COLLATERAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES.
Orders - Acceptance, Modification and Cancellation
All orders are subject to acceptance by Swing Cushions USA, and when so accepted shall constitute a contract. All orders are accepted subject to these Terms of Sale. Swing Cushions USA's acceptance of an order is conditioned upon the waiver by Buyer of any terms and conditions which differ from, vary from, or add to, these Terms of Sale, which shall constitute the entire agreement of the parties as to the subject matter hereof. The specifications applicable to goods sold by Swing Cushions USA shall be Swing Cushions USA’s specifications. Swing Cushions USA reserves the right to make changes in the items ordered without the prior approval of or notification to the Buyer, as long as such changes do not adversely affect form, fit or function requirements. Orders may not be altered or modified by the Buyer except with the written consent of Swing Cushions USA. Swing Cushions USA, at its option, may cancel all or the remaining unfilled portion of any order if (a) Buyer's payments are in default; (b) Buyer breaches any material provision of Swing Cushions USA's Terms of Sale; (c) substantial changes in materials or supplies occur; (d) causes beyond Swing Cushions USA's control make it impossible to ensure shipment. The Buyer may cancel the remaining unfilled portion of any order upon written notice to Swing Cushions USA and payment of reasonable cancellation charges, which charges shall take into account goods already produced or in process, expenses incurred by Swing Cushions USA, in connection with the order, and commitments made by Swing Cushions USA, as a consequence of the order; provided, however, that the cancellation charges shall not exceed the purchase price of the cancelled portion of the order.
Shipping and Delivery
Swing Cushions USA shall not be liable for delays in production or delivery due to causes beyond its control, including but not limited to acts of God, acts of Buyer, acts of civil or military authorities, priorities, fires, strikes, floods, epidemics, quarantines, war, delays in transportation and inability due to causes beyond Swing Cushions USA's control to obtain necessary labor, materials or manufacturing facilities. A shipping date given by Swing Cushions USA is an estimated date. In no event shall Swing Cushions USA be liable to the Buyer for loss of use or profit or any other collateral, incidental, punitive, special or consequential damages resulting from delays in production or delivery, whether or not due to causes beyond Swing Cushions USAs control.
Swing Cushions USA will use its best judgment in packaging, packing, shipping and routing unless Buyer gives specific instructions with its order. In the event of shortage or damage incurred in route, Buyer must make its complaint to the delivering transportation agency and file a claim against such agency. Swing Cushions USA's responsibility for delivery ends with proof of delivery to the carrier. All risk of loss after Swing Cushions USA's delivery to the carrier shall be borne by the Buyer.
Returns of Goods
Swing Cushions USA does not accept returns if our products are made to the measurements indicated on the website (with an allowed ½” variance on all measurements) in the description of the model you ordered.
If you have a problem with our product, please call us within 10 days of delivery of your order. We accept returns with an RMA (Return Merchandise Authorization) if product is not made to the specifications listed (with an allowed ½” variance on all measurements). We guarantee our products are made to the specifications listed on our website (with an allowed ½” variance on all measurements) of the model you ordered.
We do not accept returns if our products are made to the specifications listed on the website or the measurements submitted on custom orders.
- Buyer must obtain an authorization from Swing Cushions USA prior to the return of any goods;
- Goods must be returned in original packaging and be in the original condition; and
If any goods or services ordered by Buyer are supplied by Swing Cushions USA in accordance with designs or specifications of the Buyer, and such goods are not Swing Cushions USA's standard items or supplied in accordance with Swing Cushions USA's standard processes, Buyer shall indemnify Swing Cushions USA from any expense, loss, damage or liability which may be incurred by Swing Cushions USA on account of any infringement or alleged infringement of any U.S. or foreign patent rights with respect to such goods or processes. The sale of goods by Swing Cushions USA does not convey a license, express or implied, under any patent in which Swing Cushions USA has an interest, nor does it convey rights to any descriptive data, including Swing Cushions USA's manufacturing drawings, processes or tooling.
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES HEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN TRIVANTAGE AND BUYER ARISING FROM OR RELATING TO THIS AGREEMENT, SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Buyer irrevocably submits to the exclusive jurisdiction of the state and federal courts of the State of ARIZONA for the resolution of any legal action arising out of this Agreement and irrevocably agrees that venue for such legal action shall lie exclusively in MARICOPA COUNTY, ARIZONA for any court action instituted within the federal court system.
Any provision hereunder that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.