Quality Hoops, LLC Terms & Conditions – Home, Institutional, and School Customers
Read through our terms and conditions carefully before completing your purchase
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement contains the terms and conditions that apply to purchases by Home, institutional and school customers from the Quality Hoops, LLC entity named on the invoice (“Quality Hoops, LLC”) that will be provided to you (“Customer”) on orders for basketball/or related products sold in the United States. You agree to be bound by and accept this agreement as applicable to your purchase of product(s) or service(s) from Quality Hoops, LLC. By accepting delivery of the Basketball systems and/or other products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions.
THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Quality Hoops, LLC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER Quality Hoops, LLC STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any time, in Quality Hoop’s sole discretion.
- Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and Quality Hoops, LLC, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Quality Hoops, LLC.
- Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF Oklahoma, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
- Payment Terms; Orders; Quotes; Interest. Terms of payment are within Quality Hoops, LLC sole discretion, and unless otherwise agreed to by Quality Hoops, LLC, payment must be received by Quality Hoops, LLC prior to Quality Hoops, LLC acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Quality Hoops, LLC. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Quality Hoops, LLC may invoice parts of an order separately. Orders are not binding upon Quality Hoops, LLC until accepted by Quality Hoops, LLC. Any quotations given by Quality Hoops, LLC will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
- Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Quality Hoops, LLC invoice(s). Unless Customer provides Quality Hoops, LLC with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Quality Hoops, LLC acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Quality Hoops, LLC franchise taxes and taxes on Quality Hoops, LLC net income. If applicable, a separate charge for taxes will be shown on Quality Hoops, LLC invoice.
- Title; Risk of Loss. Title to products passes from Quality Hoops, LLC to Customer on shipment from Quality Hoops, LLC facility. Loss or damage that occurs during shipping by a carrier is insured by the carrier and Quality Hoops, LLC will secure any damage claims from carrier for compensation. Customer is not responsible for shipping loss or damage UNLESS CUSTOMER OR CUSTOMER REPRESENTIVE SIGNS SHIPPING BILL OF LADING WHICH STATES THAT ALL GOODS ARE BEING ACCEPTED IN GOOD ORDER. Customer should check all cartons carefully and open if necessary prior to signing the shipping bill of lading because this can cancel all shipping insurance. Quality Hoops, LLC does not guarantee estimated delivery dates of our products delivered by contracted shipping companies.
- Limitation of Liability. Quality Hoops, LLC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. Quality Hoops, LLC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Quality Hoops, LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. ULTIMATELY THE CUSTOMER IS LIABLE FOR PRODUCT SELECTION DECISIONS. PRODUCT SUGGESTIONS BY STAFF AND OR THE WEBSITE ARE OPINIONS ONLY.
- Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST Quality Hoops, LLC, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “Quality Hoops, LLC”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Quality Hoops, LLC advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY Arbitrator of Quality Hoops, LLC choice. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. HOWEVER, THAT THIS BINDING ARBITRATION REQUIREMENT DOES NOT APPLY TO CLAIMS AGAINST Quality Hoops, LLC ARISING UNDER THE APPLICABLE WRITTEN WARRANTY. SUCH CLAIMS MAY BE PURSUED IN ANY COURT OF COMPETENT JURISDICTION.
- Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Quality Hoops, LLC has separate terms and conditions governing resales.
- Quality Hoops, LLC may cancel orders placed by anybody associated with a competitor. Competitors are identified at Quality Hoops, LLC’ discretion.
- All dimensions, sizes, and colors of products may vary from descriptions online or in printed materials.
- All shipping policies apply.
- Returns will not be accepted if the product has been used or installed. All parts must be accounted for before we will accept a return. All products returned to Quality Hoops, LLC are subject to a 20% re-stocking charge plus any shipping charges incurred to and from the customer. Products returned after a 10 day period after the purchase date will not receive any refund unless they are found defective by Quality Hoops, LLC. The customer is responsible for scheduling and accepting delivery of his order within 3 days of being contacted by the shipping company. Customer will be responsible for all shipping costs and storage costs resulting from the non-delivery. Backorder dates, delivery dates and transit times are estimated and not guaranteed. Order cancellations are subject to 2% fee to cover credit card processing fees.
Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Items that are delivered free of charge are clearly noted on the product pages. When noted, free delivery ONLY applies to retail orders within the domestic 48 continental and contiguous United States. For deliveries to Alaska, Hawaii, or Canada, please call us at 405-339-0055 or email us at Info@qualityhoops.com for shipping quotes.
- Unless otherwise specified, all orders are shipped by a common carrier, and are shipped out as advertised brand new and good condition. Basketball systems are delivered for “Curbside Delivery”. Curbside delivery service provides delivery of your items to the curb at the end of your driveway, or if accessible, to your driveway. This service does not include set up or assembly of items, or removal of packaging materials.
- If the shipping address is changed after the shipment has been picked up by the motor freight carrier it constitutes as a re-consignment and additional charges will be applicable.
- Upon arrival into the nearest carrier terminal, an appointment clerk with the designated carrier should call you to setup an appointment for delivery.
- Deliveries are typically made between the hours of 8:00am and 5:00pm Monday through Friday; however it may be later depending on the delivery driver’s route, distance from the terminal, and possible delays due to unforeseen issues.
- For retail sales orders, your item should be delivered on a tractor trailer, and should include a hydraulic liftgate. The delivery driver’s duty is to remove the order from the trailer and provide curbside delivery. Any requests for additional services will incur extra charges. Therefore, recipients need to double check that the carriers’ delivery receipt to confirm that additional services were NOT performed or notated. If additional services are performed without our knowledge, we reserve the right to bill you as these charges are your responsibility.
- Quality Hoops, LLC is not responsible for goods damaged during transit. Title to the merchandise and risk of loss or damage in transit or thereafter shall pass to Buyer upon Seller’s delivery of the products to a common carrier for shipment to Buyer, regardless of whether Seller will install or supervise the installment of the product.
- A signature is required for all deliveries. Receiver will be required to sign a delivery receipt and delivery will not occur without it.
- At the time of delivery, customers should inspected all items carefully, and open if necessary prior to signing for the delivery.
- All Items leave our facility brand new and in good condition. It is the customer’s responsibility to examine and inspect all boxes. Please notate on the delivery receipt any and all damage to the merchandise or packaging on the delivery receipt.
- It is the carrier’s responsibility to deliver products in good condition. If the delivery receipt is signed with no exception or damage you release them of all liability.
- Customer assumes all liability once the customer signs the delivery receipt which states “all goods are being accepted in good order” AS THIS voids the carrier’s liability if a claim is to be filed at a later date.
- Do not refuse delivery unless all cartons of merchandise are damaged. Note any and all damage to the merchandise on the delivery receipt to ensure coverage by the carrier’s liability. It can be quicker to file a claim on a partial shipment versus the entire shipment. Items damaged during transit are rare, but it is extremely important that you check for possible damage in order to secure proper settlement from the carrier.
- Glass and acrylic backboards can be the most likely to sustain severe damage in transit, so check the backboard carefully.
- Please note, if you live down a road or driveway that the delivery truck cannot access, your delivery will not be able to be completed. This may require you to pick up the order at the local terminal or arrange for final delivery yourself.
- Any shipments returned to sender marked undeliverable, or otherwise similar nature, are subject to a 20% restocking fee plus any shipping charges incurred by Quality Hoops, LLC.
Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, applicable laws and regulations and their compliance. If you disagree with any of the stated terms and conditions, you are prohibited from using or accessing this site. The materials contained in this site are secured by relevant copyright and trade mark law.
2. Use License
- Permission is allowed to temporarily download one duplicate of the materials (data or programming) on Quality Hoops, LLC’s site for individual and non-business use only. This is the just a permit of license and not an exchange of title, and under this permit you may not:
- modify or copy the materials;
- use the materials for any commercial use , or for any public presentation (business or non-business);
- attempt to decompile or rebuild any product or material contained on Quality Hoops, LLC’s site;
- remove any copyright or other restrictive documentations from the materials; or
- transfer the materials to someone else or even “mirror” the materials on other server.
- This permit might consequently be terminated if you disregard any of these confinements and may be ended by Quality Hoops, LLC whenever deemed. After permit termination or when your viewing permit is terminated, you must destroy any downloaded materials in your ownership whether in electronic or printed form.
- The materials on Quality Hoops, LLC’s site are given “as is”. Quality Hoops, LLC makes no guarantees, communicated or suggested, and thus renounces and nullifies every single other warranties, including without impediment, inferred guarantees or states of merchantability, fitness for a specific reason, or non-encroachment of licensed property or other infringement of rights. Further, Quality Hoops, LLC does not warrant or make any representations concerning the precision, likely results, or unwavering quality of the utilization of the materials on its Internet site or generally identifying with such materials or on any destinations connected to this website.
In no occasion should Quality Hoops, LLC or its suppliers subject for any harms (counting, without constraint, harms for loss of information or benefit, or because of business interference,) emerging out of the utilization or powerlessness to utilize the materials on Quality Hoops, LLC’s Internet webpage, regardless of the possibility that Quality Hoops, LLC or a Quality Hoops, LLC approved agent has been told orally or in written of the likelihood of such harm. Since a few purviews don’t permit constraints on inferred guarantees, or impediments of obligation for weighty or coincidental harms, these confinements may not make a difference to you.
5. Amendments and Errata
The materials showing up on Quality Hoops, LLC’s site could incorporate typographical, or photographic mistakes. Quality Hoops, LLC does not warrant that any of the materials on its site are exact, finished, or current. Quality Hoops, LLC may roll out improvements to the materials contained on its site whenever without notification. Quality Hoops, LLC does not, then again, make any dedication to update the materials.
Quality Hoops, LLC has not checked on the majority of the websites or links connected to its website and is not in charge of the substance of any such connected webpage. The incorporation of any connection does not infer support by Quality Hoops, LLC of the site. Utilization of any such connected site is at the user’s own risk.
Quality Hoops, LLC may update these terms of utilization for its website whenever without notification. By utilizing this site you are consenting to be bound by the then current form of these Terms and Conditions of Use.
8. Governing Law
Any case identifying with Quality Hoops, LLC’s site should be administered by the laws of the country of United States Quality Hoops, LLC State without respect to its contention of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will gather and utilization of individual data singularly with the target of satisfying those reasons indicated by us and for other good purposes, unless we get the assent of the individual concerned or as required by law.
- We will just hold individual data the length of essential for the satisfaction of those reasons.
- We will gather individual data by legal and reasonable means and, where fitting, with the information or assent of the individual concerned.
- Personal information ought to be important to the reasons for which it is to be utilized, and, to the degree essential for those reasons, ought to be exact, finished, and updated.
- We will protect individual data by security shields against misfortune or burglary, and also unapproved access, divulgence, duplicating, use or alteration.
- We will promptly provide customers with access to our policies and procedures for the administration of individual data.
We are focused on leading our business as per these standards with a specific end goal to guarantee that the privacy of individual data is secure and maintained.