Premium Tempered Glass Screen Protectors
Graph Glass is made from the highest grade Japanese quality glass, offering you premier strength and transparency. With a Graph Glass screen protector installed on your GPS/Fish-finder you can rest assured that your investment is protected from impact damage. Thousands of units are cracked every single year and believe it or not, they are not covered by standard manufacturer warranties. From 9-H glass, these protectors are shatterproof, anti-fingerprint, extremely transparent, and touch friendly. Do not stress the annoying water-spots, salt rings, and slime stains as the tempered glass cleans much easier than stock screens. Graph Glass is currently offering screen protectors compatible with Lowrance and Humminbird products.
Replacement Guarantee: We offer a free one year product replacement. If your Graph Glass screen protector is cracked by a strike or impact within one year of purchase, we will replace it! Please email firstname.lastname@example.org to file a replacement claim. Please include original purchase receipt, picture proof, explanation, and contact & shipping info.
See Below for purchasing agreement.
PURCHASE AND SHIPPING AGREEMENT
This Purchase and Shipping Agreement (“the Agreement”) is executed as of the date electronically agreed to, by and between Graph Glass, LLC (hereinafter referred to as “Company”), a Kentucky limited liability company, and Purchaser identified in that electronic addendum (hereinafter referred to as “Purchaser”)(collectively, “the Parties”).
WHEREAS, Company is in the business of selling protective electronic equipment known as Graph Glass, and;
WHEREAS, Purchaser desires to purchase and Company desires to sell those certain products as provided in that certain purchase order executed herewith, and;
NOW THEREFORE, in consideration of the mutual promises contained herein as well as other good and valuable consideration exchange and receipt of which is hereby acknowledged and accepted, it is hereby agreed:
- Contract for Sale. Company agrees to sell and Purchaser agrees to buy those certain products upon such terms and conditions both identified in that certain [Invoice/Purchase Order (“the Order”)] executed herewith.
- Terms and Conditions of Use. Purchaser agrees to make use of the product(s) included in the Order according to the terms and conditions below. Purchaser will not:
- Expose product(s) to direct sunlight for any prolonged amount of time and in no event greater than one (1) hour;
- Expose the product(s) to extreme heat or cold, and in no event, greater than eighty degrees Fahrenheit or less than forty degrees Fahrenheit;
- Attempt to attach or remove product(s) except under explicit direction from the Company;
- Attempt to alter, tamper, engineer, reverse-engineer, or change the product(s) from their essential form or condition as of the date provided to the Purchaser.
- Company may partner, contract, employ, or otherwise engage with certain other cargo, freight, and shipping services providers as it may determine is necessary or beneficial in its sole discretion. Purchaser acknowledges and agrees that Company may, but is not required to, employ, partner, affiliate, or otherwise utilize additional cargo, freight, and shipping services providers for delivery. Purchaser agrees to accept the terms and conditions with respect to any other cargo, freight, and shipping services providers to which Company utilizes in the delivery of the Order.
- Destination Contract. This Agreement is a destination contract, FOB Purchaser’s city as provided in the Order. Purchaser assumes all risk of loss up to and including the delivery of the Order at the destination provided herewith. Purchaser acknowledges and agrees that the delivery of the Package will be made at the destination address and not necessarily made to any given recipient.
- Liability During Transport. Company is not responsible for any damage or loss, in whole or in part, resulting during transport. Purchaser shall independently insure the contents of the Order for full (100%) replacement value of the items contained. Purchaser agrees to waive, release, indemnify, and hold Company harmless for any damage incurred during shipping, and further agrees to look solely to the policy of insurance for redress or damages of any kind which occur during shipping of the Order.
- Purchaser’s Representations. Purchaser is responsible for properly identifying him, her, or itself and represents that all information provided to the Company for fulfillment of the Order is true and accurate. Purchaser represents that he, she, or it has read the contents of this Agreement prior to submitting the Order to the Company for fulfillment. Purchaser represents that he, she, or it has purchased insurance as required by this Agreement and such policy of insurance is in full force and effect prior to shipment of the Order.
- Purchaser may cancel the Order at any time up to the point at which the Order leaves Company’s facility at the point of origin. Purchaser will be liable for any charges, costs, or expenses incurred prior to notice of cancellation. Any cancellation will incur a restocking fee of Fifty Dollars ($50.00) and Purchaser agrees that any charges or fees will be charged to the payment methods provided with the Order. Once the package has left the facility, Purchaser may not cancel the shipment and shall be responsible for any and all charges incurred under this Agreement.
- THE ORDER IS PROVIDED TO PURCHASER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE ORDER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE ORDER WILL MEET THE PURCHASER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER PRODUCT, APPLICATION, SYSTEM, OR SERVICE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
- Limitation on Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PURCHASER WAIVES, RELEASES, AND HOLDS COMPANY HARMLESS FOR ANY DAMAGES WHATSOEVER AND OF ANY KIND RESULTING FROM PURCHASER’S USE OF THE PRODUCT(S) OVER AND ABOVE THE AMOUNT ACTUALLY PAID BY PURCHASER FROM THE PRODUCT(S). PURCHASER AGREES THAT REPAIR, REPLACEMENT, OR REFUND SHALL BE HIS, HER, OR ITS SOLE REMEDY AS AGAINST THE COMPANY. PURCHASER AGREES TO INDEMNIFY AND HOLD COMPANY HARMELSS AS AGAINST ANY THIRD PARTY RELATING TO PURCHASER’S USE OF THE PRODUCT(S).
- This Agreement constitutes the entire agreement of the Parties and no amendments or additions to this Agreement shall be binding unless made in writing and executed by the Company. This Agreement cancels and supersedes any prior oral or written agreement between the Parties and there have been no representations other than those contained herein.
- Choice of Law and Choice of Venue. This Agreement shall be governed by and subject to the laws of the Commonwealth of Kentucky, except where applicable law requires the application of state law where services were rendered. Purchaser acknowledges and agrees that this Agreement was negotiated and entered into in Shelbyville, Shelby County, Kentucky and agrees that any cause of action under or related to this Agreement shall be brought exclusively in the Shelby District or Circuit Court, as the case may be.
- If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provision shall continue to be valid and enforceable and interpreted to allow execution to the fullest extent under applicable law. If a court or tribunal finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
- Any table of contents and/or section headings contained in this Agreement are inserted as a matter of convenience and shall not affect in any way the construction of the terms of this Agreement.
- This Agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one (1) party but all of which taken together shall constitute one and the same Agreement.
- Time is of the essence regarding the performance of any obligation, term, or condition in this Agreement.
- Third Parties. The Parties represent and agree that no broker or third party was involved in the acquisition or inducement to enter into this Agreement. Purchaser agrees he, she, or it, are not relying on any statement or representation made by any third party but are relying solely upon their individual judgment and the advice of their chosen legal counsel, if any.
- No term, condition, benefit, or obligation under this Agreement is transferrable and all of the foregoing are personal to the Parties. Any delegation or assignment in violation of this Agreement shall be void from its outset rather than being deemed a breach of the Agreement.
- Purchaser shall keep the terms of this Agreement confidential and promises not to disclose said terms with any person or entity except Contractor’s attorneys, tax preparers, and/or as required by law. No part of this Agreement shall be used or admitted into evidence, in any proceeding of any character, judicial or otherwise, except to the extent necessary to enforce this Agreement.
- In executing this Agreement, Purchaser understands and agrees that the terms herein are contractual and are not a mere recital.
- The Purchaser acknowledges and agrees that this Agreement is the product of mutual negotiation and that its construction shall not be to the benefit or detriment of either party.
- Subject to the provision herein above, in the event Purchaser breaches this Agreement, the Company shall be entitled to any and all relief available at law or equity including, but not limited to, damages incurred as a result including costs and attorney’s fees.
- Heirs, Successors and Assigns. Each of the covenants, terms, provisions, and agreements herein contained shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives, successors, and assigns.
- Alternative Dispute Resolution. In the event of any claims or causes of action arising under or related to this Agreement, whether in contract or in tort, Purchaser agrees to submit any of the aforementioned claims to binding arbitration wherein the Company shall select the situs and arbitration proceedings which will be conducted in accordance with the American Arbitration Association’s (“AAA”) generally accepted practices and procedures.
- Any and all provisions that, by their terms or by context, require any performance or obligation of the Parties to continue after the termination or expiration of this Agreement, shall so survive the termination or expiration of this Agreement.
ELECTRONICALLY EXECUTED AS OF THE DATE OF THE [INVOICE/PURCHASE ORDER] HEREWITH. EXECUTED BY PURCHASER BY ELECTRONIC ACT E.G. “CLICK” OR “CLICKWRAP.”
s/John F. Hunter______________
GRAPH GLASS, LLC
By: John F. Hunter