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5.
Modification.
These Terms and Conditions are intended
by Seller and Buyer to constitute a final, complete and exclusive
expression of agreement relating to the subject matter hereof
and cannot be supplemented or amended without Seller’s prior
written approval.
6.
Omission.
Seller’s waiver of any breach or Seller’s failure
to enforce any of these Terms and Conditions at any time, shall
not in any way affect, limit or waive Seller’s right thereafter to
enforce and compel strict compliance with every term and
condition hereof.
7.
Severability.
If any provision of these Terms and Conditions
is held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of
the other portions hereof.
8. Disputes.
Seller and Buyer shall attempt in good faith to
promptly resolve any dispute arising under these Terms and
Conditions by negotiations between representatives who have
authority to settle the controversy. If unsuccessful, Seller and
Buyer shall further attempt in good faith to settle the dispute
by nonbinding third-party mediation, with fees and expenses
of such mediation apportioned equally to each side. Any
dispute not so resolved by negotiation or mediation may then
be submitted to a court of competent jurisdiction in accordance
with the terms hereof. These procedures are the exclusive
procedures for the resolution of all such disputes between the
Seller and Buyer.
9.
Governing Law.
All sales, agreements for sale, offers to sell,
proposals, acknowledgments and contracts of sale, including,
but not limited to, purchase orders accepted by Seller, shall be
considered a contract under the laws of the State of Colorado
and the rights and duties of all persons, and the construction
and effect of all provisions hereof shall be governed by and
construed according to the laws of such state.
10.
Jurisdiction and Venue.
Seller and Buyer agree that the
state or federal courts located within the City and County of
Denver, Colorado shall have sole and exclusive jurisdiction over
any litigation concerning any dispute arising under these Terms
and Conditions not otherwise resolved pursuant to Section 9
as well as any alleged defects of any Products or damages
sustained as a result of such alleged defects. Seller and Buyer
further agree that should any litigation be commenced in
connection with such a dispute, it shall only be commenced in
such courts. Seller and Buyer agree to the exclusive jurisdiction
of such courts and neither will raise any objection to the
jurisdiction and venue of such courts, including as a result of
inconvenience.
11.
Attorney’s Fees.
If any litigation is commenced between
Seller and Buyer, or their personal representatives, concerning
any provision hereof, the party prevailing in the litigation shall
be entitled, in addition to such other relief that is granted, to a
reasonable sum as and for their attorneys’ fees and costs in
such litigation or mediation.
STONEAGE TRADEMARK LIST
View the list of StoneAge’s trademarks and service marks and learn how
the trademarks should be used. Use of StoneAge trademarks may be
prohibited, unless expressly authorized.
http://www.StoneAgetools.com/trademark-list/
STONEAGE PATENT DATA
View the list of StoneAge’s current U.S. patent numbers and descriptions.
http://www.sapatents.com
STONEAGE TERMS AND WARRANTY
View StoneAge’s Terms and Warranty Conditions online.
http://www.stoneagetools.com/terms
http://www.stoneagetools.com/warranty
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