1. All sales made by Heights Key Lock & Safe, Inc., hereafter known as HKLS, are subject to the following terms and conditions, which such terms and conditions shall prevail over the inconsistent terms contained in any purchase order (or similar purchase documents) of any person or entity, hereafter known as Customer, purchasing products from HKLS.
2. Except as expressly provided otherwise, Customer shall be responsible for all freight charges. Shipments will be made via "best way". Most shipments will be shipped via UPS Ground.
3. Customer must notify HKLS of any damaged products within seven (7) days of Customer's receipt of same. In the event that Customer notifies HKLS, HKLS will either repair or replace the damaged products, at HKLS’s expense. Customer agrees to return any damaged products to HKLS’s shipping address within three (3) business days after receipt of shipping label. Any attempt by Customer to install or otherwise utilize the products shall void this limited warranty. HKLS shall have no liability for delay or for special, indirect, exemplary, incidental, consequential or punitive damages or for any other loss. UNLESS OTHERWISE PROHIBITED BY LAW, THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY HKLS AND THERE ARE NO OTHER WARRANTIES OTHER THAN AS STATED HEREIN, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER NATURE; HKLS HEREBY DISCLAIMING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER SUCH EXPRESS OR IMPLIED WARRANTIES. PURCHASER ACKNOWLEDGES THAT THE REPAIR OR REPLACEMENT OF A DEFECTIVE OR FAULTY ITEM SHALL BE PURCHASER’S SOLE REMEDY. IN NO EVENT SHALL HKLS’S LIABILITY TO PURCHASER EXCEED AMOUNTS PAID OR PAYABLE BY PURCHASER UNDER THE AGREEMENT FROM WHICH SUCH LIABILITY (IF ANY) ARISES.
4. Except as expressly provided for herein, all returns for non-damaged products shall be subject to the prior approval of HKLS and provided that: (1) HKLS approves the return of the products and (2) Customer returns such products in the original unopened package to HKLS within five (5) business days of the date of Customer’s receiving of such products.
5. Any claim or dispute arising under and/or in connection with any products purchased by Customer from, or sold to Customer by HKLS, shall be governed by and construed in accordance with the laws of the state of New Mexico. HKLS, the Customer, and any guarantor of the obligations of any Customer, do hereby agree to be subject to the jurisdiction of, and agree that any legal proceeding arising between any of them (relating to the subject matter hereof) shall be tried in, the courts of Bernalillo County, New Mexico.