All items are shipped FOB Baby Back Blues facilities. The customer MUST open and inspect the arcade machine or case before signing for the delivery. In the event that any arcade or case arrives damaged the customer must note the damage on the air bill, next to the customer’s signature. Additionally, in the event of a damaged shipment the customer must open a claim with the shipper within 1 business day and cooperate with the claim process in a timely manner. Unless otherwise stated all items come with a 90 day warranty. All issues with items that have a manufacturer’s warranty must be handled by the manufacturer. Baby Back Blues will not warrantee these items or work with the manufacturer on the customer’s behalf.
All products (except Custom Orders) can be returned in 15 days after purchase. All returns must be in new or like new condition and are subject to a 25% restocking fee. Before returning any item please obtain an RMA number. Please display the RMA number it must be clearly on the package. Packages without a valid RMA number will not be accepted. Buyer is responsible for return shipping charges including packing. Shipping and handling fees are non-refundable.
By placing an order with Baby Back Blues, a customer has agreed to the terms and conditions of the sale as indicated by this website. By placing an order, a customer has agreed to the total dollar amount of the sale and authorized Baby Back Bluesto collect payment via the payment method the customer specified. We reserve the right to replace any item or part with an equal or better product at our discretion. Baby Back Blues attempts to be as accurate as possible in our content and pricing. However, we can not guarantee that the product descriptions/specifications, pricing or any other content on the site is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Baby Back Blues shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Baby Back Blues reserves the right to refund payment if an item is unavailable or on back order.
Shipping rates may not be valid for rural areas or destinations considered beyond points by our shipper. In the event that an item cannot be shipped for the shipping fee collected Baby Back Blues will offer the customer the option of paying an additional shipping fee.
Delivery does not include inside delivery or setup. Drivers will not delivery up stairs or to any location they deem unsafe. Delivery is normally made to a garage or front door. Driver has the option of delivering just inside or outside the front door. The customer is responsible ensuring save movement of the arcade machine after delivery.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
In no event shall Baby Back Blues or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Baby Back Blues Internet site, even if Baby Back Blues or a Baby Back Blues authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on the Baby Back Blues web site could include technical, typographical, or photographic errors. Baby Back Blues does not warrant that any of the materials on its web site are accurate, complete, or current. Baby Back Blues may make changes to the materials contained on its web site at any time without notice. Baby Back Blues does not, however, make any commitment to update the materials.
Baby Back Blues has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CMDUSA of the site. Use of any such linked web site is at the user’s own risk.
This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from Baby Back Blues or any of its subsidiaries or affiliates (collectively, “Baby Back Blues”). By accepting delivery of the product(s) purchased from Baby Back Blues and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for a product(s) that 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 you and Baby Back Blues. These terms and conditions are subject to change without prior written notice at any time, in Baby Back Blues’s sole discretion.
- 1.1 “We”, “us” and/or “our” means Baby Back Blues.
- 1.2 “You” or “your” means the individual or entity named on the invoice.
Payment Terms, Orders, and Interest.
Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. We reserve the right to cancel an order or transaction, in whole or in part. Terms of payment are within Baby Back Blues sole discretion, and unless otherwise agreed to in writing by Baby Back Blues, payment must be received by Baby Back Blues before Baby Back Blues’s acceptance of an order. Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. Baby Back Blues may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law. Baby Back Blues is not responsible for pricing, typographical or other errors in any offer by Baby Back Blues and we reserve the unilateral right to cancel any orders resulting from such errors.
Taxes. Unless you provide Baby Back Blues with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.
Shipping, Title and Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by Baby Back Blues is Baby Back Blues responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. Shipping dates are only estimates. You must notify Baby Back Blues of damaged or missing items from your order within fourteen (14) calendar days after you receive your product.
You may return Baby Back Blues-branded products purchased directly from Baby Back Blues in accordance with Baby Back Blues Return Policy.
Please keep in mind that, among other things, you: (a) must contact us directly before you attempt to return the product; (b) must return the product to us in its original or equivalent packaging; and (c) are responsible for risk of loss and shipping and handling fees for returning or exchanging product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Baby Back Blues, Baby Back Blues is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale.
Limited Product Warranty and Disclaimer of Warranties.
THE LIMITED PRODUCT WARRANTY APPLICABLE TO Baby Back Blues-BRANDED PRODUCTS MAY BE VIEWED ON-LINE.THERE ARE NO WARRANTIES FOR SOFTWARE, SERVICES OR NON-Baby Back Blues BRANDED PRODUCTS, WHICH PRODUCTS AND SERVICES ARE PROVIDED “AS IS”. WARRANTY AND SERVICE FOR NON-Baby Back Blues BRANDED PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY Baby Back Blues. Baby Back Blues MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN Baby Back Blues APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND Baby Back Blues WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON Baby Back Blues RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
LIMITATION OF LIABILITY
Baby Back Blues DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. Baby Back Blues 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. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, Baby Back Blues IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
All software is provided subject to the license agreement that is part of the package you receive from Baby Back Blues. You agree to be bound by the license agreement once the package is opened or its seal is broken. Baby Back Blues does not warrant any software under this Agreement.
Baby Back Blues continually upgrades and revises its products and service offerings. Baby Back Blues may revise and discontinue products at any time without prior notice to customers. Baby Back Blues will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building Baby Back Blues products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted Baby Back Blues SKU numbers for Baby Back Blues-branded hardware products are of the quality specified by Baby Back Blues on its website and conform in all material respects with the Baby Back Blues product specification current on the date such products were shipped.
You and Baby Back Blues agree that any claim, dispute or controversy, whether in contract, tort or otherwise, and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims (“Dispute”) against Baby Back Blues, its shareholders, directors, employees, agents, successors, assigns or affiliates arising from, in connection with 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), Baby Back Blues advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (available via the Internet at http://www.arb-forum.com, or via telephone at 800.474.2371) under its Code of Procedure then in effect. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 United States Code, sections 1-16. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN
This Agreement and any sales hereunder shall be governed by the laws of the state of Illinois, without regard to conflicts of laws principles, and excluding the United Nations Convention on the International Sale of Goods.
Export. You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. Further, under United States law, the goods shipped pursuant to this Agreement may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production or use of nuclear weapons, materials, facilities, missiles or the support of missile projects, and chemical or biological weapons. You agree not to provide any written regulatory certifications or notifications on behalf of Baby Back Blues.Baby Back Blues has not tested product for use in high-risk activities including any life sustaining, chemical, or mission critical use. Baby Back Blues WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS.
You will not register or use any Internet domain name that contains an Baby Back Blues trademark or trade name (i.e., Baby Back Blues) in whole or in part or any other name that is confusingly similar thereto. 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 there from. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.