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Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site's owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ADDITIONAL TERMS AND CONDITIONS
1. PAYMENT TERMS. Purchaser’s signature authorizes Sawtooth Marketing d/b/a Denver Bathtubs to charge the Total Price for the products listed to the Purchaser’s credit card in advance of the product build, and Purchaser agrees to pay the Total Price according to the terms of the agreement governing Purchaser’s use of the credit card.
2. DELIVERY OF PRODUCT/DELIVERY INSTRUCTIONS. Purchaser is responsible for the inspection of the Product upon delivery. When delivery of the Product is made, Purchaser shall:
(a) Maintain the delivery person on site until a complete inspection of the merchandise is made.
(b) Purchaser shall open box/crate and remove any packing material from around product. Purchase shall inspect the Product for any damage to piping, legs, acrylic, etc. If there is damage to any part of the Product, Purchaser shall note the damage on the delivery ticket that the delivery person shall give to you.
(c) If the product is delivered in unusable condition, you can refuse delivery.
(d) Sign delivery ticket when your inspection is complete, remembering to note any damage to the Product.
3. APPLICABLE LAW. This agreement, and any disputes arising hereunder, will be interpreted pursuant to the laws of the State of Colorado without giving effect to conflicts of law principles. The parties agree that the venue for any claim arising out of the parties’ contractual relationship or for any dispute concerning the subject matter of this Agreement shall be proper in and lie exclusively with the District Court for B, State of Colorado. If this matter is referred to an attorney for collection of the account, Denver Tubs shall be entitled to recover interest on any past due amount at the annual rate of 18% together with its reasonable attorney fees and costs incurred in connection with such action.
4. LIMITATIONS OF LIABILITY. In order to obtain service provided under any warranty accompany the Product, Purchaser shall contact Denver Tubs at 303-500-8571. Customer agrees that Sawtooth Marketing, DBA Denver Tubs, does not warrant the product, but rather passes the Manufacturer’s warranty on to the customer named in this contract.
ALL WARRANTY WORK MUST BE APPROVED BY MANUFACTURER BEFORE THE WORK IS PERFORMED OR PURCHASER MAY BE RESPONSIBLE FOR PAYING FOR THE COST OF THE WORK. IF PURCHASER AUTHORIZES ANY REPAIR WORK TO BE PERFORMED ON THE PRODUCT PRIOR TO OBTAINING AUTHORIZATION FOR SUCH WORK FROM MANUFACTURER, THEN PURCHASER SHALL BE RESPONSIBLE FOR PAYING FOR THE COST OF SUCH WORK. Manufacturer’s warranty for the Product shall not apply to any product or equipment that is not installed or operated in accordance with the instructions supplied by the Manufacturer.
Sawtooth Marketing dba Denver Tubs shall not be held liable for personal injuries or death to any person or for any direct, special, incidental or consequential damage, loss of time, loss of profits, inconvenience, incidental expenses, labor or material charges, or any other costs resulting from the use of the product or equipment or pertaining to the application of the present warranty, or resulting from the removal or replacement of any product or element or part covered by Manufacturer’s warranty. IF ANY PRODUCT DELIVERED TO CUSTOMER FAILS TO MEET THE PRODUCT SPECIFICATION OR FAILS TO WORK AS WARRANTED, PURCHASER’S SOLE AND EXCLUSIVE REMEDY SHALL BE THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. IN NO EVENT WILL SAWTOOTH MARKETING DBA DENVER TUBS, ITS AFFILIATES OR SUPPLIERS BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT. THIS LIMITATION APPLIES TO DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY DIRECT OR INDIRECT DAMAGES, PROPERTY DAMAGES, LOST PROFITS, LOST SAVINGS OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT OR OTHERWISE, OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT, EVEN IF SAWTOOTH MARKETING DBA DENVER TUBS HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES OR CLAIM BY THE CUSTOMER.