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Bonafidemasks.com Product Purchase Terms and Conditions

 

  • These Product Purchase Terms and Conditions (“Product Purchase Terms and Conditions”) apply to products or services purchased on the website located at www.bonafidemasks.com (“Site”).
  • This Site is the property of Ball Chain Manufacturing Co., Inc. (“Ball Chain”).
  • The terms “we,” “us” and “our” refer to Ball Chain, and the terms “you” and “your” refer to the purchaser or the entity who purchases products or services on this Site.
  • We reserve the right to amend these Product Purchase Terms and Conditions in our sole discretion from time to time.
  • By purchasing products or services on this Site, you expressly agree to all Product Purchase Terms and Conditions contained herein in full (“Purchase Agreement”).
  • This Purchase Agreement does not supersede, waive or otherwise affect any other agreements between Ball Chain and you.
  • We reserve the right to change, modify, add to or remove product offerings and product information on this Site.
  • Product pricing is subject to change without notice.
  • Clerical errors are subject to correction.
  • Duties and taxes for international shipments (products shipped outside of the United States) will be calculated according to governing law in the country of destination.  All duties, taxes, and other similar charges, will be the full responsibility of the purchaser and/or receiver of products sold under this Agreement.
  • No merchandise can be returned or deductions taken without authorization.  All claims must be made within five (5) days of receipt of goods and must include a detailed description of the alleged defect. Face masks, face shields, isolation gowns and other similar products are not returnable.
  • Defective material may only be returned to Ball Chain after Ball Chain’s inspection of samples and our subsequent determination that samples are defective. You shall provide Ball Chain with shipping instructions specific to the defective goods authorized by Ball Chain to be returned. RMA# must be specified on all returned cartons and returning paperwork.
  • PRODUCTS SOLD UNDER THIS PURCHASE AGREEMENT ARE PROVIDED ON AN “AS AVAILABLE” BASIS. BALL CHAIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 
  • Face masks sold on this Site are not intended for use as surgical masks or for use in any surgical setting or where significant exposure to liquid, bodily or other hazardous fluids, may be expected; or for use in a clinical setting where the infection risk level through inhalation exposure is high; or for use in the presence of a high intensity heat source or flammable gas; or for antimicrobial or antiviral protection or related uses or uses for infection prevention or reduction or related uses.
  • We do not claim, represent or warrant that products sold on this Site are safe or effective for the prevention or treatment of patients during the COVID-19 pandemic.  Face masks and face shields are not FDA cleared or approved.
  • UNDER NO CIRCUMSTANCES IS BALL CHAIN RESPONSIBLE FOR ANY LOST PROFITS OR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. No damages or charges of any kind, for labor, expenses or otherwise, that you offer or incur in repairing or replacing defective goods will be allowed, regardless of whether such products are used singly or as components in other product.
  • EACH PROVISION OF THIS PURCHASE AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR AN EXCLUSION OF DAMAGES IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES.
  • To the fullest extent permitted by law, you agree to indemnify, defend and hold Ball Chain, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from and against any suit, demand, claim, loss, liability, damage or expense (including attorneys’ fees) made against Ball Chain by any third party due to or arising out of or in connection with the use of products sold under this Purchase Agreement.
  • Ball Chain shall not be liable for any failure or delay in performance under this Purchase Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond Ball Chain’s reasonable control, including but not limited to acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, fires, floods, storms, epidemics, plagues or any other causes beyond Ball Chain’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, carriers or other parties to substantially meet performance obligations under this Purchase Agreement, provided that, as a condition to the claim of nonliability, Ball Chain shall give you prompt written notice, with full details following the occurrence of the cause relied upon.
  • All matters relating to this Purchase Agreement, orders, purchases, Ball Chain and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, this Purchase Agreement and the terms contained herein shall be instituted exclusively in the courts of the State of New York in the County of Westchester. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  • This Purchase Agreement contains the sole and entire agreement between Ball Chain and you with respect to the matters set forth herein.
  • The invalidity or unenforceability of any provision of this Purchase Agreement shall not impair or affect the validity or enforceability of any other provision of this Purchase Agreement.