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63
The Company shall not be responsible for delays or failures in its performance
resulting from Acts of God, war, riot, fire, explosion, accident, flood, sabotage,
inability to obtain fuel, power, raw material or machinery, governmental laws,
regulations, or labor disruption, strike, lockout or injunction, acts or omissions
beyond the Company's control, including delays of suppliers or technical failure.
If any such delay or failure occurs, the Company may allocate Products among
the Company's customers at its sole discretion.
The validity, interpretation, and performance of these terms and conditions shall
be governed by and construed under the applicable laws of the State of
Oklahoma as if performed wholly within the state and without giving effect to any
principles of conflict of laws.
Except as provided otherwise herein, all disputes between the parties hereto
shall be determined solely and exclusively by arbitration under, and in
accordance with the rules then in effect of, the American Arbitration Association
or any successors thereto ("AAA") in Oklahoma County, Oklahoma, unless the
parties otherwise agree in writing. The parties shall jointly select an arbitrator. In
the event the parties fail to agree upon an arbitrator within ten (10) days, then the
Company shall select an arbitrator and Purchaser shall select an arbitrator and
such arbitrators shall then select a third arbitrator to serve as the sole arbitrator,
provided that if either the Company or Purchaser, in such event, fails to select an
arbitrator within seven (7) days, such arbitrator shall be selected by the AAA
upon application of either the Company or Purchaser. Judgment upon the award
of the agreed upon arbitrator or the so chosen third arbitrator, as the case may
be, shall be binding and shall be entered into by a court of competent jurisdiction.
Product Return Guidelines
•
Purchaser must contact the Company to obtain a Return Material
Authorization (RMA) reference number before returning any Product.
•
The RMA reference number must be clearly identified on the outer
shipping box.
•
The Oxlife Liberty
®
may only be returned in its original shipping box or a
similar container with commercially reasonable packing protection.
•
Any Product received without an RMA reference number will be
refused by the Company.
•
All COD shipments will be refused by the Company.
•
Any Product received thirty (30) or more days after the
date of issuance of an RMA reference number will be
refused by the Company.
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