Terms
and Conditions
By using the site, you are indicating your acceptance of the following
terms and conditions. Therefore, please read carefully before
use.
About the Content
KASCAR, LLC strives to ensure that the information contained in
this site is accurate and reliable. However, KASCAR, LLC and its
service providers are not infallible, and errors may sometimes
occur. KASCAR, LLC will from time to time revise the information,
services and the resources contained in this site and reserves
the right to make such changes without any obligation to notify
past, current or prospective visitors. This site may include links,
facts, views, opinions and recommendations of individuals and
organizations deemed of interest to you. KASCAR, LLC does not
guarantee the accuracy, completeness or timeliness of, or otherwise
endorse these links, facts, views, opinions or recommendations,
give investment advice, or advocate the purchase or sale of any
security or investment. KASCAR, LLC DISCLAIMS ANY WARRANTY OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER
RELATING TO THIS SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES
OF MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN
NO EVENT SHALL KASCAR, LLC BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES
ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN.
Copyright
and Trademark Notice
The contents of this site are the exclusive property of KASCAR,
LLC and or Brisker.biz and/or its affiliates and licensors and
may not be altered, modified, copied, distributed or displayed,
or reproduced or transmitted, in any form or by any means including,
but not limited to, electronic, digital, mechanical, photocopying,
recording, or otherwise, without the prior written permission
of KASCAR, LLC . The corporate and product names, slogans, logos
and other content contained in this site are the registered and/or
unregistered trademarks or service marks of their owners (the
"Trademarks"). The Trademarks are protected under the
Trademark Act and by state or common law. The use, copying or
alteration of any Trademark without KASCAR, LLC and or the registered
owner's express prior written consent is strictly prohibited.
Submitted
Information
Except as otherwise provided, any information provided to KASCAR,
LLC through this site shall be provided on a non-confidential
basis, and KASCAR, LLC shall be free to make unrestricted use
of such information.
Updates
KASCAR, LLC may revise these binding terms and conditions at any
time by updating this page. Therefore, you should visit this page
from time to time to review the then-current terms and conditions.
Terms
The terms set forth here and/or on our invoice may not be changed
in any manner other than in writing signed by an authorized representative
of KASCAR, LLC. To the extent that this invoice constitutes
an acceptance by KASCAR, LLC of an offer by buyer, the acceptance
is expressly conditioned on buyers acceptance to the terms
and conditions herein, which is additional to, or different from
those presented by the buyer. To the extent that any portion of
our invoice may constitute an offer, acceptance is expressly limited
to the terms of such offer.
Price
All prices quoted reflect a 3% discount for CASH. The purchase
price for the merchandise covered by our invoice is set forth
therein. Except as otherwise expressly provided on the front of
our invoice, the purchase price is payable in full upon presentation
of the invoice to buyer or delivery of merchandise to buyers
carrier, whichever occurs first. In the event the express terms
on the front of our invoice provide that less than the full purchase
price shall be payable on delivery of our invoice, the balance
thereof shall be paid as provided on the front of our invoice
(or seven (7) days prior to delivery of merchandise to the buyer
if there are no such express provisions) and shall be adjusted
for any change in the foreign exchange rate occurring between
the date of our invoice and the date on which payment is made.
Delivery
The delivery and shipping dates set forth on the front of our
invoice constitute KASCAR, LLCs good faith estimates and
KASCAR, LLC shall not be liable or responsible for failure to
meet any specific delivery or shipping dates. KASCAR, LLC shall,
consistent with any sound business practice; select a method of
shipping and packing unless otherwise instructed by buyer. Any
special shipping or packing requested by buyer will be at the
buyers sole expense. Except as expressly provided in the
invoice, all pricing, shipping and delivery terms are F.O.B. point
of shipment.
Risk
Of Loss
Buyer shall assume all risk of loss and pay all costs of insurance
for the merchandise sold upon KASCAR, LLCs delivery thereof
to carrier for delivery, or buyers taking possession of
the merchandise, whichever is first to occur.
Taxes
Buyer shall pay any and all taxes, tariffs and assessments, which
may be levied upon or assessed against the merchandise including
without limitation all federal, state, county or municipal sales,
use, or other tax applicable to this transaction. Any such tax
shall be payable by the buyer, in cash, with the purchase prices
as provided in paragraph 2 above.
Warranty
and Disclaimer
(a.) KASCAR, LLC warrants to the Buyer that the merchandise covered
by our invoice will, at the time of delivery, be the merchandise
described on the front thereof. The foregoing is the sole warranty,
expressed or implied, given by KASCAR, LLC.
(b.) BUYER ACKNOWLEDGES THAT IF THE MERCHANDISE BEING SOLD IS
USED OR UNUSED, SURPLUS, SCRAP OR DEFECTIVE MATERIAL OR VEHICLES
AND/OR RELATED EQUIPMENT, MILITARY OR OTHERWISE, THE SALE IS AS-IS
WITH ALL FAULTS. SUCH MERCHANDISE HAS NOT BEEN MANUFACTURED OR
PRODUCED, NOR MAY IT EVER HAVE BEEN SEEN OR INSPECTED BY KASCAR,
LLC. KASCAR, LLC IS NOT AND CANNOT REPRESENT OR WARRANT AS TO
THE QUALITY, COMPLETENESS, ORIGINALITY, SERVICEABILITY, ROAD WORTHINESS
OR PERFORMANCE OF SUCH MERCHANDISE. BUYER ASSUMES THE ENTIRE RISK
AS TO QUALITY AND PERFORMANCE.
(c.) KASCAR, LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH THE RESPECT TO THE MERCHANDISE COVERED BY THIS INVOICE, AND
ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED
TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Returns
All returns must receive prior written authorization and a RMA
number prior to shipping. Returns must be packaged to shipping
standards, with appropriate insurance and prepaid freight. The
RMA number must appear on the outside of the carton, and documents
must state: "not subject to duty, returned product."
Replacements will be shipped prepaid via an equal method.
Limitation
of Remedy
Buyers sole and exclusive remedy for any matter or claim
arising under or relating to our invoice, merchandise covered
hereby and any transaction involving or relating to such merchandise,
whether in contract, tort (including negligence), or otherwise,
shall be general money damages not in excess of the lesser of
the actual direct damage to the buyer or the purchase price for
the merchandise to which the claim relates. IN NO EVENT WILL KASCAR,
LLC BE LIABLE FOR LOSS OF PROFIT, DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF KASCAR, LLC WAS
ADVISED OR AWARE OF THE POSSIBILITIES OF SUCH DAMAGES.
Force
Majeure
KASCAR, LLC shall not be liable or responsible in any manner for
delays in performance for causes beyond KASCAR, LLCs reasonable
control. In the event of a delay for force majeure, all delivery
and other deadlines shall be deemed extended for the period of
the delay.
Compliance
With Laws
The merchandise sold here under is intended for collector and
recreational purposes only and is not being sold or purchased
by the buyer for use as, or in connection with a "destructive
device" or "firearm" as such terms are defined
under 27 CFR parts 47, 178 and 179, or under any other Federal,
State or Local law. Except for federal importation laws, buyer
shall be solely responsible for compliance with all applicable
export regulations, federal, state and local health, safety, motor
vehicle and any other laws, statutes, ordinances, standards, codes,
specifications and regulations (collectively "Laws")
governing the merchandise purchased hereunder.
Indemnification
Buyer shall indemnify, defend, and hold harmless KASCAR, LLC and
its successors and assigns and their respective shareholders,
officers, directors, employees and agents from and against any
costs, losses, damages or liabilities including reasonable attorneys
fees, suffered by KASCAR, LLC arising from or related to the merchandise
sold hereunder, buyers failure to comply with any applicable
Laws, directly or indirectly, and buyers or any other persons,
use or operation of such merchandise. Buyer acknowledges this
Paragraph 9 shall survive the purchase of the merchandise sold
hereunder and payment to KASCAR, LLC.
Applicable
Law
The substantive laws of the State of South Carolina applicable
to contracts made and to be performed in South Carolina shall
govern the validity, construction, interpretation and effect of
the terms and provisions of this invoice and the transaction for
the merchandise described on the front hereof.
Prices
Prices are subject to change without notice.
Merchandise
Availability
All sales are subject to availability of vehicles and/or merchandise.
Important
Note:
Hummer, Humvee and the Civilian Hummer/Military Hummer grill design
are registered trademarks of AM General Corporation and/or General
Motors Corporation. KASCAR, LLC is not affiliated with AM General
Corporation or General Motors Corporation.
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