Terms and Conditions

TERMS AND CONDITIONS OF SALE AND USE

Effective Date: April 1, 2025

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1. GENERAL TERMS

These Terms and Conditions of Sale and Use (“Terms”) apply to all purchases and use of The American Harp Cart (“Product”) sold by American Harp Cart, LLC (“Seller”) to the purchaser (“Purchaser”). By purchasing or using the Product, Purchaser agrees to be bound by these Terms.

2. LIMITED WARRANTY

Seller warrants that The American Harp Cart is merchantable and suitable solely for the purpose of transporting harps in accordance with the written Instructions provided at the time of sale or available on Seller’s website.

Disclaimer: ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

3. INSPECTION AND NOTICE OF DEFECT

Purchaser must thoroughly inspect The American Harp Cart upon delivery and notify Seller in writing of any defects within thirty (30) calendar days from the date of receipt. Upon timely notification, Seller will repair or replace the defective Product at its discretion. Failure to provide timely notice constitutes acceptance of the Product “as is” with all faults.

4. LIMITATION OF LIABILITY

In no event shall Seller be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to damage to property, loss of use, loss of profits, or personal injury, arising out of or related to the use or misuse of The American Harp Cart.

Important Notice

Use extreme caution when loading, unloading, and transporting your harp utilizing The American Harp Cart. Failure to follow all Instructions may result in property damage, bodily injury, or death. Seller expressly disclaims any liability for damage, loss, or injury arising from the use of the Product on stairs, uneven surfaces, or in any manner inconsistent with the Instructions.

Assumption of Risk and Waiver

Purchaser voluntarily assumes all risk of injury or damage resulting from use of the Product, including but not limited to use on stairs, ramps, or uneven terrain. Purchaser agrees to waive any and all claims against Seller for any injuries, losses, or damages resulting therefrom.

5. INDEMNITY

Purchaser agrees to indemnify, defend, and hold harmless Seller, its owners, officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to Purchaser’s use or misuse of The American Harp Cart, including but not limited to use on stairs, uneven surfaces, or failure to comply with the provided Instructions.

6. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Virginia, United States of America, without regard to conflict of law principles.

7. ARBITRATION

Any dispute, controversy, or claim arising out of or relating to the sale or use of The American Harp Cart shall be finally resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Arbitration shall take place in Clarke County, Virginia, USA. Each party shall bear its own costs, and class, collective, or multi-party actions are expressly prohibited.

8. INTERNATIONAL SALES

For Purchasers outside the United States:
Purchaser is responsible for compliance with their local import regulations, payment of any customs duties, VAT, taxes, and any additional charges incurred during shipment. Seller assumes no responsibility for delays, taxes, confiscations, or any additional expenses arising from international shipping.

9. SHIPPING AND RETURNS

Shipping: Orders are typically processed within seven (7) business days. Because each cart is made to order, some orders may experience a lead time of up to two (2) weeks. Delivery times may vary depending on destination and carrier. Seller is not responsible for delays caused by carriers, customs processes, or other factors beyond its control.

International Shipping: Purchasers are responsible for any applicable customs duties, taxes, and import fees. International shipments may experience delays due to customs procedures.

Returns: If Purchaser wishes to return a Product, they must contact Seller within thirty (30) days of receipt for authorization. Returned Products must be unused, in their original packaging, and in resalable condition. Purchaser is responsible for return shipping costs.

Non-Returnable Items: Customized, modified, or special-order Products are non-returnable.

Refunds: Approved refunds will be issued to the original method of payment within five (5) to seven (7) business days of Seller’s receipt and inspection of the returned Product. Shipping charges are non-refundable.

10. ENTIRE AGREEMENT

These Terms constitute the entire agreement between Seller and Purchaser and supersede all prior or contemporaneous communications, whether oral or written, concerning the subject matter herein. No amendment or modification of these Terms shall be binding unless in writing and signed by Seller.

AMERICAN HARP CART, LLC
P.O. Box B, Berryville VA 22611, USA
legal@americanharpcart.com