Shipping & Returns
DALLASRUBBERFLOORING.COM & KODIAK SPORTS PURCHASE AGREEMENT
Welcome to the dallasrubberflooring.com web site provided by KODIAK SPORTS, LLC (“Kodiak”). This Purchase Agreement contains the purchase agreement applicable to your purchase of products through this site ("Purchase Agreement"). This Purchase Agreement shall be effective for and applicable to any and all purchases made through this web site.
By using this site and purchasing products through this site, you, the user, indicate and agree that you understand and intend this Purchase Agreement to be the legal equivalent of a signed, written contract that is equally binding, and that you agree to such Purchase Agreement. If you do not agree with the Purchase Agreement, you are instructed not to use this site and not to purchase products through this site.
Kodiak reserves the right to change or supplement this Purchase Agreement at any time without notice. Your purchase of products on this site will constitute your acceptance of such changes. Additionally, the information and/or products on this site may be changed, updated or discontinued at any time without notice.
In the event that a user purchases a product from Kodiak through this website and subsequently returns the product to Kodiak, Kodiak reserves the right to charge a restocking fee in an amount equal to twenty percent (25%) of the original purchase price of such product. In addition to the restocking charge, the Customer shall be responsible for the original delivery/shipping charges enroute to the Customer and return delivery/shipping enroute back to Kodiak.
Except as otherwise specifically and expressly set forth on this web site, Kodiak will not be responsible or liable for any (i) delays in shipping, (ii) inaccuracies in orders, (iii) inaccuracies in the information on this site, (iv) unavailability of products, (v) changes in products and/or (vi) damage occurring in delivery. Without limiting the generality of the foregoing, please note that you should not rely on any dimension, specification or installation information provided on this site, as such information may be inaccurate, incomplete, outdated and/or not applicable to your particular situation. Kodiak shall have no responsibility or liability for such information, and you assume the sole risk of any use and/or reliance thereon.
The user’s sole and exclusive remedy for any act or omission of Kodiak or other condition or occurrence related to any order placed through this site (including, without limitation, the condition, performance, defective nature or unavailability of products ordered through this site) shall be only as expressly provided on this site. In no event shall Kodiak’s liability for any claim of any kind related to any product ordered through this site exceed the purchase price of such product. Additionally, in no event shall Kodiak be liable for any indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the purchase of (or inability to purchase) any products through this site, whether based in contract, tort, strict liability or otherwise, and even if Kodiak has been advised of the possibility of any such damages. Due to the fact that some states and/or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply.
Except as otherwise specifically and expressly set forth on this web site, Kodiak makes no additional representations or warranties of any sort regarding the products purchased through this site, including, without limitation, any warranty of merchantability, fitness for a particular purpose or any implied warranty of any sort.
This Purchase Agreement will be governed by the laws of the State of Texas without giving effect to the choice of law provisions thereof, and all parties to this Agreement expressly agree to be subject to the jurisdiction of courts in the City of Plano, State of Texas.