Clock movement overhauls, performed by TickTockTony, are warranted to be free from defects of material or workmanship for a period of one year from the completion date of the overhaul. The following exceptions apply:
Clock movement repairs, performed by TickTockTony, are warranted to be free from defects of material or workmanship, to the extent of the repair performed, for thirty days from the completion date of the repair. The following exceptions apply:
Overhaul and repair general notes:
TickTockTony is the only party authorized to perform warranty work. Antique clock are complex old mechanical devices. A warranty from TickTockTony does NOT mean the clock will be defect free, it only means we will put forth our best efforts to correct any problems that occur during the warranty period.
Shipping. Seller will ship the Clock to Buyer at the Buyers expense and liability. In the event the Clock is damaged as the result of a third party shipping company, Seller will sign and deliver all documents necessary to effectuate an insurance claim with Shipper.
Express Warranty: Seller represents and warrants, for the benefit of Buyer, that Seller has performed and completed a due diligence investigation of the Clock and affirms that the Clock conforms to the description detailed on Sellers website.
Inspection: For a period of fifteen (15) days from the date Buyer takes delivery of the Clock Buyer can return the Clock to the Seller, for a full refund of the purchase price, provided the following conditions are met:
Indemnification: Buyer shall indemnify, defend and hold Seller free and harmless from any and all claims, obligations, losses, legal action or damages incurred after the Effective Date, including but not limited to installation of Clock, with the exception of Sellers obligations under sections “2” and “3” set forth above.
Binding Arbitration: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration, before one arbitrator, at the JAMS office located at 500 N. State College Blvd., 14th Floor Orange, CA 92868. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
Miscellaneous: This Agreement contains the entire agreement between the Parties relating to the subject matter of this Agreement and supersedes all previous agreements or promises. Any provision of this Agreement rendered invalid by a court of competent jurisdiction shall not invalidate the remainder of this Agreement. The Parties may not waive any provision of this Agreement except by a written agreement signed by all of the Parties. A waiver of any provision of this Agreement will not constitute a waiver of any other provision. The Recitals are made a part of this Agreement. The Parties will cooperate with each other to effectuate the terms and intent of this Agreement. This Agreement may be signed in multiple counterparts, with each counterpart taken together constituting one Agreement. A facsimile or photocopy of this Agreement has the same force and effect as an executed original.
Controlling Law: This Agreement shall be construed under the laws of the State of California.