Buyer Terms and Conditions
BUYER TERMS AND CONDITIONS
LAST UPDATED: 12/27/2022
BUYER TERMS AND CONDITIONS
This Buyer Terms and Conditions agreement (“Terms”), dated as of last signature date below is made and entered into between HeyScottie and you (“you” or “your” or “Buyer”) and governs your access to and use of the HeyScottie website, HeyScottie.com (the “Site”) and the products and services that are offered by HeyScottie through the Site, including accessing and ordering of HeyScottie’s manufacturing services (“Services”).
THESE TERMS CONSTITUTE A LEGALLY ENFORCEABLE AGREEMENT BY AND BETWEEN YOU AND HEYSCOTTIE. BY ACCESSING OR USING THE “SITE”, CLICKING ON THE “REQUEST QUOTE” BUTTON, “SUBMIT RFQ” BUTTON, CLICKING ON THE “REQUEST A QUOTE” BUTTON, UPLOADING ANY INFORMATION, OR BY SIGNING THIS AGREEMENT, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HEYSCOTTIE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND YOUR COMPANY TO THESE TERMS.1. Changes and Updates to the Terms
HeyScottie may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site for orders placed after such modifications have been posted. HeyScottie will also update the “Last Updated” date at the top of these Terms. If HeyScottie makes any material changes, HeyScottie may also send you an email to the last email address you provided to HeyScottie. Any changes to these Terms will be effective immediately for new users of the Site or Services and will be effective thirty (30) days after posting or providing notice of such changes on the Site for existing users (whichever is earlier). your continued use of the Site or Services shall be deemed your conclusive acceptance of the modified Terms.
You may request for a quote through the Site (“RFQ”). Specifications included with your RFQ must be accurate and complete. HeyScottie, in its sole and absolute discretion may accept or reject any Specification or RFQ.3. Quote
If HeyScottie accepts your RFQ, we will provide a Quote to your email address or through the site. Each quote includes an estimate of (a) the Fees (as defined in Section 9) to manufacture or service your Product, the quantity of Products to be produced or serviced, the delivery date (“Delivery Date”), the shipping terms, payment terms and taxes (“Quote”). HeyScottie will respond to your RFQ with any of the following:
- a) a Quote
- b) a notice rejecting the Specifications
- c) a request to revise your RFQ (i.e., to make an adjustment to your Specifications)
- d) a notice that rejects the RFQ or states that HeyScottie is unable to manufacture, service or source your Product.
Unless otherwise explicitly stated on the Quote, the Quote expires no later than 30 days after the date of issuance. HeyScottie will not be deemed to have accepted any RFQ or entered into any binding commitment with you unless you accept the Quote, within the time required, without revision.4. Order
Once you review and decide to accept the Quote, you will be asked to pay the full amount of the quote, unless payment terms have been agreed to in advance and are stated on the quote. Once payment is received (if required) and you submit or approve the quote either through the site or via email, the quote will be deemed to have been accepted and the quote will be a Purchase Order (“Order”).5. Parts Received
Parts are to arrive at HeyScottie’s location as a plateable/paintable grade base metal and ready to plate/paint, i.e., free of heat scale, excessive residue of lubricants or oils, unacceptable surface discontinuities or residual polishing compounds or residue. Unless noted otherwise, parts must be completely disassembled (e.g., free of gaskets, PEM hardware, etc.) and properly packaged to prevent freight damage.
HeyScottie assumes no responsibility for defective finishing on parts and materials previously plated or finished by others, unless agreed to in the Order.
Unless noted otherwise on the Order, parts will be returned in customer packaging as received. Any specific packaging requirements should be specified at the time of quote and should be noted on the accompanying purchase order.
b) You are solely responsible for ensuring that the Specifications in the Quote and other information you submit in your Order is accurate and complete before paying for it.
c) YOU MAY NOT AMEND OR MODIFY THE SPECIFICATIONS AFTER YOU HAVE PLACED YOUR ORDER OR ACCEPTED THE QUOTE.
d) Your Order will be processed conforming to the specifications that you have made known to us. We expect parts to arrive ready to finish free of excessive machining oils, heat treat scales or other surface contaminants. If parts arrive with these conditions, additional charges may be required to prepare parts for finishing. HeyScottie is not liable for immediate or latent staining, work-out or corrosion caused by solution entrapment within part features such as blind holes or capillaries unless specifically addressed in the quotation.
e) Unless noted otherwise in the Order, the service will be performed to the thickness, adhesion and visual testing consistent with methods in the listed specification. 7. Cancellation of Order
Orders are cancellable up to 24 hours after the order has been accepted. Any monies will be refunded to your original payment method within 10 (ten) business days. After the initial 24-hour period, the order is considered non-cancellable and non-returnable.
HeyScottie does not issue any refunds after you have accepted the Quote and 24 hours has elapsed. If you have not paid the Fees, you are still obligated to pay such Fees in accordance with the payment terms set forth in Section 9. HeyScottie reserves the right to cancel your Order, in part or in whole, after it has been issued. In the event HeyScottie cancels your entire Order, HeyScottie will notify you via email, and you will be refunded any monies already paid, if any.8. Delivery
HeyScottie will use commercially reasonable efforts to deliver the Product on or before the Delivery Date specified in the Order. All Products will be delivered or mailed Ex Works (Incoterms 2010) to the delivery destination identified in the Order. HeyScottie will give you notice if the Product cannot be shipped by the Delivery Date. Such notice shall specify a new Delivery Date.
Unless noted otherwise in the Order, your product will be returned in the original packaging as received.9. Services Performed
You, the buyer, are responsible for testing your finish to ensure it will meet all of your performance requirements. HeyScottie makes no warranty or guarantee as to the appropriateness of the requested service or fitness for an intended use. HeyScottie disclaims all implied warranties including the implied warranty of merchantability and fitness for any particular purpose indicated by you, the buyer.
HeyScottie is not responsible for any assembly or fit problems on your parts unless noted in the order. Clearance and/or tolerance requirements shall be clearly stated on an engineering drawing, blueprint or specification noted on the Order.
First articles, beta products, first test product are not provided unless specifically called out in the Order.
For each service offered by HeyScottie, appearance will conform to the stated specification of the service. Additional or modified specifications are not offered unless agreed to on the Order.10. Fees, Payment Terms and Taxes
You agree to pay HeyScottie the fees and charges set forth in the Quote together with applicable shipping and handling fees (together, the “Fees”). Payment for Orders under these Terms must be made before HeyScottie accepts the Order. Any additional fees related to the Order, Change Order, shipping and handling fees or any other additional fees incurred after the Order date will be collectively referred to herein as “Fees” and payment terms shall be the same, as set forth above in this Section 4. Buyer will pay all invoices in U.S. Dollars.
If your payment is not received in a timely manner by HeyScottie, we may stop production or servicing and all Services under these Terms until payment, or assurances of payment satisfactory to HeyScottie, are received, or delay shipments.
All costs, taxes, duties, tariffs and charges related to fulfilling any Order, shall be paid by you, unless otherwise agreed to by HeyScottie in writing, including value added taxes, duties, tariffs or other governmental or regulatory charges in any country resulting from the performance of the Services, except for taxes related to HeyScottie’s income for which HeyScottie is directly responsible.11. Subcontracting and Manufacturing Partners
When you place an Order, HeyScottie will either manufacture or source, or subcontract with one or more of its manufacturing partners to have the Products manufactured, serviced or sourced. You expressly consent to HeyScottie’s use of any distribution partners, manufacturing partners or subcontractors (“Partner(s)”) that HeyScottie deems necessary and appropriate in connection with the performance of HeyScottie’s obligations hereunder. As such, you acknowledge and agree that HeyScottie may share your Specifications and all information provided by you with our Manufacturing Partners in order to process your Order, manufacture your Products or perform the Services. Except for the obligations set forth below in Section 12 (Returns) and Section 14(Representations and Limited Warranties) HeyScottie will not be responsible for the acts, omissions, performance or lack of performance of its Manufacturing Partners.12. Returns
Upon receipt of the delivery of your Product, it is your responsibility to inspect the Product carefully. If you believe the Product does not materially comply with the Specifications (“Defective”), please let us know within 72 hours and obtain a return merchandise authorization (“RMA”) from us. You must return such Product to us together with an applicable RMA, then we will inspect such Product. If we reasonably believe such Product is Defective, we will either (a) resource, repair or remanufacture the Product and deliver the resourced, repaired or remanufactured Product to you at no additional charge, or (b) refund you all payments received for Defective Product and return product to you. If, however, we reasonably determine that the Product is not Defective, you must reimburse us for any and all costs, fees, and expenses required to inspect such Product. HeyScottie will provide you with a written review of the disposition of the RMA.
HeyScottie allows the right to claim a shrinkage of quantity in processing of two percent (2%) and still be in compliance with these terms and conditions.13. Ownership of Intellectual Property Rights and Limited Purpose License
Subject to the Terms, you hereby grant to HeyScottie a non-exclusive, royalty-free, fully paid-up, worldwide right and a right to sub-license and license to (a) use your Specifications, including Intellectual Property Rights, to manufacture and/or service your Product and to transfer your Specifications and Intellectual Property Rights to a sourcer ormanufacturer within the HeyScottie network solely to enable such Manufacturing Partner to source or make the Product and (b) grant one or more Manufacturing Partner(s) within the HeyScottie network the right and license to use your Specifications and Intellectual Property Rights to perform the obligations set forth in the Order.14. Representations and Limited Warranties
During the warranty period, we warrant that your Product will materially comply with the Specifications stated on the Quote. Unless otherwise set forth in Quote, the applicable warranty period shall be seventy-two (72) hours from the date the Products are delivered to you.
Notwithstanding anything else in these Terms, (a) this express limited warranty does notapply to any non-conformance or defects occurring as a result of (i) any specifications, designs, intellectual property, instructions or directions provided by you or your agents to HeyScottie; (ii) the Specifications of the Products, in general; (iii) Products that have been abused, damaged, altered or misused by any person or entity after risk of loss passes to you; (iv) the Product being a first article, prototype, pre-production unit, test unit or other similar product; or (v) tooling produced or supplied by you, if any, and (b) HeyScottiemakes no representations or warranties whatsoever of the foregoing defects. You are liable for all costs or expenses incurred by HeyScottie related to the foregoing exclusions to HeyScottie’s express limited warranty. No returns will be accepted by HeyScottieunless you have notified HeyScottie within the warranty period. If you fail to contact HeyScottie within the warranty period, HeyScottie shall have no further obligations with respect to such Products and ALL SALES WILL BE DEEMED FINAL AND SUCH PRODUCTS MAY NOT BE RETURNED TO HEYSCOTTIE.
You assume the entire risk as to the quality and performance of the Services. HeyScottieassumes no responsibility for the Specifications and materials selected by you for the Products. You are solely responsible for the Specifications and performance of the Products and all liability arising therefrom. Further, as you understand and agree that you are solely and exclusively responsible for providing HeyScottie (by way of platform upload or other HeyScottie approved method) with a complete Specification(s) which is manufacturing ready as HeyScottie does not provide any product design, development, engineering or validation services. HeyScottie will bear no liability whatsoever as a result of your failure to provide HeyScottie (or its manufacturing partners) with a complete and manufacturing ready Specification(s).
Disclaimer. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED HEREIN, THE SITE, HEYSCOTTIE INTELLECTUAL PROPERTY, THE PRODUCTS MANUFACTURED BY HEYSCOTTIE PURSUANT TO AN ORDER OR QUOTE OR SOW AND ALL SERVICES, AND ALL INFORMATION AND CONTENT THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THIS SECTION 13 SETS OUT YOUR EXCLUSIVE REMEDIES AND HEYSCOTTIE’S SOLE OBLIGATION FOR CLAIMS BASED ON DEFECTS IN OR FAILURE OF ANY PRODUCT OR ANY SERVICES PROVIDED BY HEYSCOTTIE OR THE SUBJECT MATTER OF ANY PRODUCT OR SERVICE AND ARE IN LIEU OF AND REPLACE ALL OTHER REMEDIES, RIGHTS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF PERFORMANCE, A COURSE OF DEALING, OR TRADE USAGE. PROVIDED ALWAYS THAT HEYSCOTTIE DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING TO THE EXTENT A COURT OF COMPETENT JURISDICTION FINDS WAS DIRECTLY CAUSED BY HEYSCOTTIE’S GROSS NEGLIGENCE OR INTENTIONAL LIABILITY THAT CANNOT BY LAW BE LIMITED OR EXCLUDED.
You represent and warrant the following (i) you have full power to enter into this Agreement and to carry out its obligations under these Terms, (ii) you own all right, title, and interest in and to Specifications, content, information and all Intellectual Property Rights that you upload unto the Site (or otherwise make available to HeyScottie), (iii) the Specifications and all intellectual property provided by you does not infringe upon any rights of any third parties, (iv) you have conducted, and will conduct, all patent, trademark and copyright searches necessary to identify and evaluate any potential infringement claims with respect to the Products and Services performed under this Agreement; and HeyScottie’s or its Manufacturing Partner’s use and making of the Product does not violate or misappropriate any third-party’s intellectual property rights.
You represent and warrant that you shall comply, at your own sole cost and expense, with all applicable statutes, regulations, rules, ordinances, codes and standards (collectively, “Laws”) governing the manufacture, assembly, transportation, import, export, or sale of Products and provision of the Services. Without limiting the foregoing Laws, this includes but is not limited to all applicable commerce, transportation, environmental, occupational safety, securities, export, employment and labor Laws, including the Export Compliance obligations set forth in Section 15 Below.15. Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEYSCOTTIE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE SITE, THE SERVICES, YOUR SPECIFICATIONS, ANY PRODUCTS CREATED FROM YOUR SPECIFICATIONS, ANY THIRD-PARTY MATERIALS, ANY HEYSCOTTIE MATERIALS AND/OR THESE TERMS, WHETHER OR NOT HEYSCOTTIE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEYSCOTTIE’S TOTAL LIABILITY IN CONNECTION WITH THE SITE, THE SERVICES, YOUR SPECIFICATIONS, ANY PRODUCTS CREATED FROM YOUR SPECIFICATIONS, ANY THIRD PARTY MATERIALS, ANY HEYSCOTTIE MATERIALS, AND/OR THESE TERMS WILL NOT EXCEED THE PRICE THAT YOU ACTUALLY PAID TO HAVE THE PRODUCT(S) PRODUCED FROM THE SPECIFICATIONS YOU SUBMITTED VIA THE SITE UNDER YOUR NAME, YOUR COMPANY’S NAME, AND/OR THE HEYSCOTTIE ACCOUNT ASSOCIATED WITH SUCH SPECIFICATIONS.
YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL HEYSCOTTIE BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY RESULTING FROM ANY PRODUCT, INCLUDING ANY PRODUCT DEFECT RESULTING FROM THE MANUFACTURE OF A PRODUCT IN ACCORDANCE WITH THE SPECIFICATIONS.
To the fullest extent permitted by law, you hereby release HeyScottie and its affiliates and subsidiaries, and their officers, directors, employees, agents, and consultants and their successors from and against any and all claims, demands, losses, damages (actual and consequential), rights, liabilities and actions of any kind, including but not limited to any and all causes of action related to or arising from the obligations set forth in Sections 11, 12, 13, 14, 15 and 16 of these Terms, that relate to or arises from the Services or your Products. If you are a California resident, you hereby waive California Civil Code Section 1542, which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”16. Indemnity
You agree, at your sole expense, to defend, indemnify and hold HeyScottie (and its directors, officers, employees, consultants, agents, successors, assigns and Manufacturing Partners) from and against any and all liabilities, damages, settlements, claims, actions, suits, awards, costs and/or expenses (including, without limitation, reasonable attorneys’ fees and other reasonable expenses of litigation) threatened, suffered or incurred by HeyScottie Indemnities, arising directly or indirectly from: (i) any breach by Buyer of any undertaking, warranty, representation or agreement contained herein, (ii) any Products or any Specifications (whether arising out of product liability, strict liability, negligence or otherwise), including claims related to any injury, death or damage to any person or property caused by the Product; (iii) failure of the Products, by reason of their design, to comply with any Laws; or (iv) an allegation that any Specification or the Products or manufacture, import, service, support, distribution, use or sale thereof infringes upon, misappropriates or violates any patent, trade secret, copyright, trademark, service mark, right of publicity or other right of any third party; (v) failure of Buyer to comply with or inform HeyScottie of any applicable laws, including the export restrictions referenced in Section 15 below. HeyScottie may in its sole discretion employ separate independent counsel, at its own expense, to assist in the defense of any claim, suit or proceeding.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YOU SHALL BE LIABLE FOR ALL DAMAGES, LOSSES, AND LIABILITIES INCURRED BY EITHER PARTY AS A RESULT OF YOUR NON-COMPLIANCE WITH ANY APPLICABLE LAWS, INCLUDING EXPORT LAWS OR FAILURE TO ACCURATELY IDENTIFY APPLICABLE EXPORT LAWS OR FAILURE TO PROVIDE REQUESTED EXPORT INFORMATION, WHETHER SUCH INFORMATION WAS REQUESTED BY HEYSCOTTIE OR U.S. CUSTOMS AND BORDER PROTECTION (CBP).17. Site Restrictions
You agree that you will not violate any applicable law, contract, intellectual property right or other third party right, and you are solely responsible for your conduct while using our Site and Services.
You will not or permit any third party to: (a) engage in any harassing, threatening, intimidating, predatory or stalking conduct; (b) use or attempt to use any manual or automated software devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site without authorization from that user and HeyScottie; (c) impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity; (d) reverse engineer, disassemble or decompile the Site, the pricing and matching algorithms of HeyScottie; (e) access the Site in order to build a similar or competitive website, application or service; (f) copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; (g) modify our Site or Services, remove any proprietary rights notices or markings; (h) use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services; (i) reverse engineer any aspect of our Services or do anything that might discover source code or bypass; (j) use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; (k) develop or use any applications that interact with our Services without our prior written consent; (l) send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; (m) use our Services for any illegal, illicit or unauthorized purpose.
You may share Specifications and other content with us only if such content is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any Specifications or other content that: (a) is unlawful, or would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; (b) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (c) impersonates, or misrepresents your affiliation with, any person or entity; (d) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or (e) in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose HeyScottieor others to any harm or liability of any type.
Enforcement of these Site Restrictions is solely at our discretion, and failure to enforce this Section 13 in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, the terms of this Section 14 do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.18. Export Compliance
You are hereby on notice that the Export Administration Regulations (“EAR”) (15 CFR. § 730 et seq.) and the International Traffic in Arms Regulations (“ITAR”) (22 CFR § 120-130) impose restrictions on the export of certain technology or technical data listed on the Commerce Control List (“CCL”) or U.S. Munitions List (“USML”). You agree not to upload to the HeyScottie Platform any technology or technical data that is listed or otherwise controlled on the CCL or USML. By uploading technology or technical data to the HeyScottie Platform you represent and warrant that the uploaded data is not listed or otherwise controlled on the CCL or USML. Per Section 13, you agree to indemnify and hold HeyScottie harmless for all liabilities or losses in connection with your failure to comply with this Section.
HeyScottie expressly reserves the right to suspend your access to the HeyScottiePlatform in the event of a suspected or actual violation of this Section. You shall promptly notify HeyScottie of any actual or suspected violation of this Section.19. Miscellaneous Terms a. Entire Agreement. These Terms (together with any terms and conditions incorporated by reference) set forth the entire agreement and understanding of the Parties relating to the subject matter hereof.
b. Waiver. The waiver by either Party of a breach of any provision of the Terms shall not constitute a waiver of any succeeding breach of the same or any other provision. The failure by either Party to require performance by the other Party of any provision of the Terms shall not affect the right of the other Party to require such performance in the future.
c. Severability. If any provision of the Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of the Terms will nonetheless remain in full force and effect. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the Parties will negotiate in good faith to modify the Terms in an acceptable manner to both parties.
d. Electronic Communications. HeyScottie may choose to electronically deliver all communications with you, which may include email to the email address you provide to us. You agree to do business electronically with HeyScottie, and to receive electronically all current and future notices and information, and that the foregoing electronic communications satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt as evidenced by such email.
e. No solicitation. From the date of the earliest RFQ made by you until the latest actual Delivery Date for your Products, and for 12 months thereafter, you will not directly or indirectly, without the prior written consent of HeyScottie, solicit, recruit or hire HeyScottie’s employees or Manufacturing Partners, or in any manner attempt to persuade, encourage or induce any such persons to discontinue their relationship with HeyScottie.
f. Relationship of the Parties. The relationship of the Parties under these Terms will be and at all times remain one of independent contractors.
g. Force Majeure. Except for each Parties’ payment obligations, neither Party shall be in default of the Terms if such action is due to a natural calamity, epidemic or pandemic, acts of governments, wars, riots, strikes or other labor disputes, delays or failures caused by subcontractors or Manufacturing Partners, shortages of transportation, facilities, fuel, energy, labor or materials or other causes beyond the reasonable control of the non-performing or delayed Party (“Force Majeure Event”). Upon any Force Majeure Event, HeyScottie may allocate Manufacturing Partners, materials and supplies among its buyers in such manner as HeyScottie may determine in its sole discretion and shall have no liability to you because of any delay or cancellation with respect thereto.
h. Severability. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to affect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
i. Order of Precedence. (a) In the event of any conflict between these Terms and a Quote, the Quote issued by HeyScottie shall supersede and control to the extent of any such conflict. (b) In the event of any conflict between these Terms and HeyScottie’s General Terms and Conditions between you and HeyScottie, the General Terms and Conditions shall supersede and control.
k. Feedback, Questions, Claims. If you have any questions or claims with respect to the Site, please contact us at: help@HeyScottie.com. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.