By clicking 'submit order', or purchasing any of our products by phone, fax, and mails, you constitute your understanding and acceptance of all of our sale policies and agree that they constitute a legally binding agreement.
Any ambiguous language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
Arbitration: Any controversy, claim or dispute arising out of or relating to this agreement, shall be settled by binding arbitration in Pennsauken, New Jersey.
Such arbitration shall be conducted in Pennsauken, New Jersey and governed by the then prevailing commercial arbitration rules of New Jersey law, with the following exceptions if in conflict: (a) one arbitrator shall be chosen by Fancy Scooter (b) The non-prevailing party shall be responsible for the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice has been given to such party (pursuant to the rules and regulations of New Jersey law).
The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court thereof as a basis of judgment and of the issuance of execution for its collection.
All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity.
The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this agreement. The arbitrator shall be required to follow applicable law.
[IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIESHERETO.]
Any and all attorneys' fees will be the responsibility of the non-prevailing party. All claims or disputes must be filed within Pennsauken, New Jersey
Sever ability of Agreement: If any term or provision of this agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal.
Unenforceable or invalid provisions shall be stricken from this agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this agreement.
If any provision or part thereof of this agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.
Modification of Agreement: This agreement may be supplemented, amended, or modified by Fancy Scooters at any time. Supplement, amendment, or modification of this agreement will be binding by all parties.