Hoops Terms and Conditions

Terms and Conditions of Sale – Home, Institutional, and School Customers
Read Carefully

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 Hoops entity named on the invoice ( “Hoops”) 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 Hoops. By accepting delivery of the Basketball Systms 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 HOOPS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER HOOPS STANDARD TERMS APPLY TO THE TRANSACTION.

These terms and conditions are subject to change without prior written notice at any time, in Hoop's sole discretion.

1.       Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and Hoops, 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 Hoops.

2.       Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

3.       Payment Terms; Orders; Quotes; Interest. Terms of payment are within Hoops sole discretion, and unless otherwise agreed to by Hoops, payment must be received by Hoops prior to Hoops 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 Hoops. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Hoops may invoice parts of an order separately. Orders are not binding upon Hoops until accepted by Hoops. Any quotations given by Hoops 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.

4.       Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Hoops invoice(s). Unless Customer provides Hoops with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Hoops acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Hoops franchise taxes and taxes on Hoops net income. If applicable, a separate charge for taxes will be shown on Hoops invoice.

5.       Title; Risk of Loss. Title to products passes from Hoops to Customer on shipment from Hoops facility. Loss or damage that occurs during shipping by a carrier is insured by the carrier and Hoops 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.

6.       Limitation of Liability. HOOPS 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. Hoops 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, Hoops 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.

7.       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 HOOPS, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Hoops") 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), Hoops advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY Arbitrator of Hoops 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 Hoops  ARISING UNDER THE APPLICABLE WRITTEN WARRANTY. SUCH CLAIMS MAY BE PURSUED IN ANY COURT OF COMPETENT JURISDICTION.

8.       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. Hoops has separate terms and conditions governing resales.

9.    Any products returned to Hoops are subject to a 20% re-stocking charge plus any shipping charges incurred to and from the customer within a 10 day period after the purchase date. Products returned after a 10 day period after the purchase date will not receive any refund unless they are found defective by Hoops.

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.