DISPUTE RESOLUTION: Any controversy, claim or dispute relating in any way to this purchase, directly or indirectly, shall be brought in state court in the jurisdiction in which you made the purchase, and you agree to the exclusive jurisdiction of the state courts of the jurisdiction in which you made the purchase. Your agreement with The Dump concerning or relating to this purchase shall be governed by, and construed in accordance with, the laws of the state in which you made the purchase, without regard to principles of conflicts of law thereof. You agree that any claim for loss or damage that you bring against The Dump in connection with this purchase must be instituted in state court in the jurisdiction in which you made the purchase within one (1) year of the date you incurred the alleged loss or damage, regardless of whether you were then aware of the alleged loss or damage. You agree to waive any right to a trial by jury in any action relating in any way to this purchase, directly or indirectly, and you agree that this waiver of any right to a trial by jury shall not be waivable by you or The Dump. If you bring an action against The Dump for any controversy, claim or dispute relating in any way to this purchase, directly or indirectly, and The Dump prevails at any pre‐trial dispositive motion, at trial, or at any subsequent appeal and/or retrial, you agree to reimburse The Dump for the reasonable attorney's fees and costs The Dump incurs in defending itself in the action.
LIMITATION OF REMEDIES: Notwithstanding any other provision in this agreement, you --waive any right to recover from The Dump or any of its affiliates, whether in contract, tort, equity, or otherwise, any indirect, incidental, consequential, special, punitive, or exemplary damages, including, without limitation, damages for loss of use, loss of time, and/or loss of profits or income (even if such damages are foreseeable, and whether or not you have been advised of the possibility of such damages), arising from or relating to this agreement or to the selection, quality, condition, merchantability, suitability, fitness, operation, or performance of the goods you are purchasing. You expressly waive any right to collect damages in excess of the sales ticket and/or the cost to repair property damage (but only if reported prior to the Dump customer service center before the delivery truck leaves your premises).
ALL REMEDIES ARE EXCLUDED OTHER THAN REPAIR OR REPLACEMENT OF MERCHANDISE DUE TO MANUFACTURING DEFECTS OR DELIVERY DAMAGE AT THE TIME OF DELIVERY/PICKUP AS DESCRIBED IN THE DAY OF DELIVERY ISSUES SECTION ABOVE.
The full Terms and Conditions, the terms and conditions you receive in store and the sales invoice contain the entire agreement and understanding of the parties concerning this transaction for your merchandise purchase. These Terms and Conditions may not be modified, canceled, rescinded, or revoked, in whole or in part, except in writing and, in the case of The Dump, signed by an officer of The Dump.
If any part hereof is determined to be invalid by a court of competent jurisdiction, the remaining Terms and Conditions will remain in full force and effect.
No waivers or statements made by representatives of The Dump will be binding unless set forth in writing.
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this agreement, reselling shall be defined as purchasing or intending to purchase any products from us for the purpose of engaging in a commercial sale of those same products with a third party.