Customer Satisfaction
At Oops Mat, LLC (“Oops Mat”), the quality of our products is important to us, and we strive to ensure your satisfaction with our products. All orders are carefully inspected prior to shipment; however, in the unlikely event that you are not satisfied with your purchase simply follow the instructions below. If you have any additional questions not addressed below, please feel free to email us at info@oopsmat.com. The policies and procedures set forth herein are subject to revision from time to time without notice. Accordingly, please review these policies and procedures each time you make a purchase.
Please note: Custom and special orders are not returnable.
Exchanges
If you purchased one of our products from a retail location other than www.oopsmat.com, any exchange will be governed by that retailer’s exchange policy. If the retailer from whom you purchased the product is unable to assist you, please contact us at info@oopsmat.com during business hours and we will try to assist you. If you have purchased one of our products from www.oopsmat.com and would like to exchange that product, please contact us at info@oopsmat.com and we will assist you. You may exchange unused items purchased from the www.oopsmat.com website within 30 days of the original purchase. Product(s) to be exchanged must be returned in new and unused condition with the original packing invoice.
Returns
This policy applies to items you would like to return for a refund and may vary depending on where you purchased our products. If you made a purchase from a location other than the oopsmat.com website, the return policy of the retailer from whom you purchased the product will govern your transaction. Please contact that retailer directly for return instructions. Items purchased from a retailer other than oopsmat.com may NOT be returned or exchanged through the oopsmat.com return center. If you are dissatisfied with a retailer in regard to our products or the store’s return policy, please contact us at info@oopsmat.com. You may return unused items purchased from the oopsmat.com website within 30 days of original purchase. Please contact us prior for a return at info@oopsmat.com for instructions on where to ship your return. Failure to contact Oops Mat prior to returning the product may result in the rejection of your return. Any products shipped to Oops Mat that have been lost or damaged in transit will not be the responsibility of Oops Mat. Product(s) must be returned in new and unused condition with the packaging attached along with the original packing invoice. Shipping fees are non-refundable. Pending inspection and in Oops Mat’s sole discretion, a refund or credit may be issued to you for the value of the item, including taxes. If Oops Mat, in its sole discretion, determines that the item has been used or that is has damage other than original manufacturing defects, the item may be returned to you and no refund provided.
Warranty
Each Oops Mat product is manufactured according to exacting standards and with high quality materials. We warrant our products against manufacturing defects for a limited time (120 Days). If you have received one of our products that you believe has a manufacturing defect, please contact us via email at info@oopsmat.com. Although we have used high quality materials in the construction of our products, Oops Mat cannot warrant against damages caused by normal, excessive or accidental wear and tear. A product containing a manufacturing defect should be returned to the location or website where purchased and Oops Mat, in its sole discretion, will either repair the product or replace it with the same or comparable model. In cases where Oops Mat, in its sole discretion, determines the defect complained of is outside the terms of the warranty, it will return the product to you.
EXCEPT FOR ANY WARRANTY EXPRESSLY PROVIDED FOR IN THIS WARRANTY SECTION, OOPS MAT PROVIDES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE), OF ANY NATURE WHATSOEVER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. IN THE EVENT OF THE BREACH OF ANY EXPRESS WARRANTY BY OOPS MAT, LLC, THE PARTIES AGREE THAT THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER SHALL BE LIMITED TO A RETURN OR REPLACEMENT OF THE PRODUCT, IN OOPS MAT’S SOLE DISCRETION. IN THE EVENT OF ANY BREACH BY OOPS MAT, LLC. OF ANY OTHER CONTRACT TERM, OR IN THE EVENT OF ANY OTHER CLAIM ARISING OUT OF OR RELATED TO THE PURCHASE OR SALE OF A OOPS MAT PRODUCT WHETHER IN TORT OR CONTRACT, THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER SHALL BE LIMITED TO THE PURCHASE PRICE OF THAT PRODUCT. IN NO EVENT SHALL OOPS MAT, LLC BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, (INCLUDING LOSS OF USE, REVENUE AND/OR PROFITS) OF BUYER OR ANY THIRD PARTY. NO PERSON HAS THE AUTHORITY TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS SET FORTH HEREIN.
Purchase Order Terms and Conditions
1. ACCEPTANCE OF CONTRACT: By submitting the purchase order, Buyer has entered into a contract on the terms and conditions set forth in the purchase order to which these terms and conditions are attached, as well as these terms and conditions (collectively, the “Agreement”). The Agreement shall be the sole and exclusive statement of the purchase agreement between Buyer and Seller notwithstanding any terms and conditions that may be contained in any proposal, acknowledgment, confirmation, invoice or other document received from Buyer or any act of Buyer in accepting or paying for goods or services. The parties agree that there are no other oral or written understandings or agreements between them regarding the subject matter of this purchase order.
2. PRICE: The prices to be paid for the goods ordered or services to be performed shall be as set forth in this Agreement unless otherwise agreed to in writing by Seller. The prices do not include shipping, which Buyer agrees to pay. The Buyer shall pay any and all costs of collection including, without limitation, reasonable attorney’s fees, whether or not suit is instituted, incurred by Seller in the event collection of any delinquent balance is required.
3. DELIVERY, RISK OF LOSS, TRANSPORTATION: Shipment or delivery of goods and the performance of services shall be in accordance with the schedule set forth in this Agreement unless otherwise agreed to in writing by Seller and seller shall not be obligated to notify Buyer of shipment. Regardless of any other terms hereof, risk of loss shall pass to Purchaser upon Seller’s delivery of the goods to the carrier. All goods will be shipped via UPS or similar service, charged to Buyer.
4. WARRANTIES AND REMEDIES: Seller represents and warrants: Each Oops Mat product is manufactured according to exacting standards and with high quality materials. We warrant our products against manufacturing defects for a limited time (120 Days). If you have received one of our products that you believe has a manufacturing defect, please contact us via email at info@oopsmat.com. Although we have used high quality materials in the construction of our products, Oops Mat cannot warrant against damages caused by normal, excessive or accidental wear and tear. A product containing a manufacturing defect should be returned to the location or website where purchased and Oops Mat, in its sole discretion, will either repair the product or replace it with the same or comparable model. In cases where Oops Mat, in its sole discretion, determines the defect complained of is outside the terms of the warranty, it will return the product to you. EXCEPT FOR ANY WARRANTY EXPRESSLY PROVIDED FOR IN THIS WARRANTY SECTION, OOPS MAT PROVIDES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE), OF ANY NATURE WHATSOEVER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. IN THE EVENT OF THE BREACH OF ANY EXPRESS WARRANTY BY OOPS MAT, LLC, THE PARTIES AGREE THAT THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER SHALL BE LIMITED TO A RETURN OR REPLACEMENT OF THE PRODUCT, IN OOPS MAT'S SOLE DISCRETION. IN THE EVENT OF ANY BREACH BY OOPS MAT, LLC OF ANY OTHER CONTRACT TERM, OR IN THE EVENT OF ANY OTHER CLAIM ARISING OUT OF OR RELATED TO THE PURCHASE OR SALE OF A OOPS MAT PRODUCT WHETHER IN TORT OR CONTRACT, THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER SHALL BE LIMITED TO THE PURCHASE PRICE OF THAT PRODUCT. IN NO EVENT SHALL OOPS MAT, LLC BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, (INCLUDING LOSS OF USE, REVENUE AND/OR PROFITS) OF BUYER OR ANY THIRD PARTY. NO PERSON HAS THE AUTHORITY TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS SET FORTH HEREIN.
5. TERMINATION: Seller may terminate all or any part of this Agreement at any time or times by written notice to Buyer if: (a) Buyer fails to observe or comply with any covenants, terms, or conditions contained in this Agreement; (b) if Seller is unable to fulfill Buyer’s order due to supply problems, which shall be determined in Seller’s sole discretion.
6. INFRINGEMENT OF PROPRIETARY RIGHTS: Buyer acknowledges the validity and existence of Seller’s trademarks, trade names on other intellectual property rights, including at least the following: Oops Mat and “Helps prevent life’s little Oops’!” The foregoing trademarks may not be used in connection with any product or service that is not Seller's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Seller.
7. GOVERNING LAW AND CONSENT TO JURISDICTION: This Agreement shall be governed by and construed in accordance with the laws and decisions of the State of Michigan, and the parties agree that the state and federal courts in and for Bay City, Michigan shall be the sole and exclusive location and venue for the resolution of any disputes arising out of or relating to this Agreement or the products provided hereunder. The parties agree that no other court shall have jurisdiction over any disputes between the parties, and the parties consent to the personal jurisdiction of the state and/or federal Courts of Bay City, Michigan and hereby waive any objection to the jurisdiction of those courts.
8. WAIVER: No act or failure to act of Seller shall constitute a waiver of any provision contained in this Agreement. To be valid a waiver of any requirement or obligation under this Agreement must be in writing and signed by Seller. The section headings contained herein are not part of this Agreement, but are include solely for the convenience of the parties. The provisions of this Agreement are severable, and if any provision is held to be unenforceable, the remaining provisions will continue in full force and effect.
9. INDEPENDENT CONTRACTORS: Nothing contained in this Agreement shall be construed as creating a partnership or joint venture between Buyer and Seller, and Seller shall at all times during the term of this Agreement be deemed to be an independent contractor, solely responsible for the manner by and the form in which it fulfills this Agreement.
10. NOTICES: Any notices, consents or approvals called for hereunder may be given by telephone, but shall be confirmed in writing to be delivered or sent by facsimile, overnight delivery service or by certified mail, return receipt requested, enclose in a sealed envelope with first class postage thereon, addressed to such address as indicated by the Buyer and the Seller, or if no address is provided, their respective principal offices. Any notice will be deemed to have been received by a party the same date as sent if sent by facsimile, the next day if sent by overnight delivery service and three (3) days from the date sent if given by certified mail, return receipt requested.
11. AMENDMENT: This Agreement may only be amended by a writing executed by the duly authorized representatives of both Seller and Buyer.
Ouch! My head hurts after all of that stuff! Let’s get back to the fun stuff!
