Payment & Shipping Terms Revised as of 7/12/2023 PAYMENT AND SHIPPING TERMS Your (“you” or “Customer”) purchase of any item from Practice Sports, Inc. or College Sports, Inc. (“Company”, “we” or “us”) indicates your acknowledgement and agreement to the terms outlined below, and any post-purchase arbitration or compensation will be subject to these Payment and Shipping Terms. Any capitalized term not defined herein shall have the same definition as set out in the Terms of Use, available at Policy / Terms. 1. PRICING AND PURCHASES Any customer may be required to satisfy a minimum order amount prior to such customer’s order being eligible for shipping (“Order Minimum”). For custom netting, the Order Minimum is $100. At Company’s sole and exclusive discretion, a shipping charge may apply to product purchases. Generally, such shipping charges are approximately 15-20% of total normal retail price, where such shipping charges are to be a minimum of $5. Additional terms and conditions may also apply to specific products, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Payment and Shipping Terms. With respect to items sold on the Site, the Company cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on our Site or in our catalog may be mispriced. Following a transaction, if the correct price of an item sold by the Company is higher than our stated price, the Company may, at its sole and exclusive discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Following a transaction, if the correct price of an item sold by the Company is lower than our stated price or if you were mistakenly overcharged, you may be eligible for a partial refund. Customers who may be eligible for a refund should contact us at info@practicesports.com. Photos are exemplary of products advertised. All prices on our Site are shown in U.S. dollars and, unless expressly stated, all applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time. In addition to any product price and other fees and charges, Company reserves the right to bill up to $150 for each hour of time spent on preparing a product for Customer, regardless of the materials being shipped. Company may begin billing for time spent on preparing a product for Customer upon Customer’s digital signature, order authorization, or order submission. The Company will collect applicable sales, use and other tax (collectively, “Tax”) on goods and services for which we determine we have a duty to collect Tax. If a good or service is subject to Tax, you agree that the amount of Tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable Tax rates. Company retains the right to utilize third-parties in fulfilling any aspect of any transaction, including payment processing, confirming the transaction, providing the product, shipping the product, fulfilling an order, providing services, or performing any other aspect of the transaction. For example, upon submitting an order to us, Customer may receive an email from a third-party with an invitation to review their order. You acknowledge that certain products or services may be subject to certain laws, regulations, or other binding rules that may limit the availability of certain products or services or your ability to purchase certain products or services. Company makes no representation that all listed products and services are available to be purchased by any customer. All of our products and services are subject to availability, and we reserve the right to impose quantity limits on any transaction, to reject all or part of a transaction, and to discontinue offering certain products or services without prior notice. We attempt to be as accurate as possible. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and descriptions) at any time without notice (including after you submitted your order and confirmation was received). The Company does not warrant that descriptions or other content of any service or product is accurate, complete, reliable, current, or error-free. You are not permitted to resell or otherwise use our products for commercial purposes. 2. PAYMENT AND BILLING INFORMATION We reserve the right to require payment for any order prior to shipping. We may send an invoice to you that sets out the payment amount due to us for an order and the due date for such payment (an “Invoice”). Any terms and conditions included on an Invoice shall be hereby incorporated into these Payment and Shipping Terms by reference. Orders that are cancelled by you may be subject to a cancellation fee. If Customer cancels an order after Company has already shipped such order, Customer shall be responsible for a cancellation fee, which shall be determined in Company’s sole and exclusive discretion, and any shipping costs to return the relevant products. Customer is responsible for the payment of all fees and charges and this responsibility shall not be released due to any Customer action, including, without limitation, rejecting an order, refusing to accept shipment, placing a “stop payment” on a check, changing the nature of an order, or otherwise. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable Taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You agree to be responsible for all charges resulting from the use of your account, including charges resulting from unauthorized use of your account prior to your notification of such unauthorized use to the Company. Company generally applies different payment terms depending upon the type of entity that Customer is. Company shall determine, in its sole and exclusive discretion, the property identity of Customer and the proper applicable payment terms. In the event that Customer does not fall into one of the following categories, Company will apply payment terms to the transaction in accordance with industry standards and Company’s past business practices. If Customer is a school, government agency, or municipality, the following payment terms apply to any transaction between Company and Customer: Full payment shall be due within 30 days after ship date, or 5 days after arrival of equipment – whichever is later; however, if payment is due in excess of 30 days after ship date, the due date must be approved by Company in advance of shipping and Company may require an additional charge for processing. Any certified purchase order or order submission must be received by Company in advance prior to Company beginning order processing. Any such purchase order purchase order or order submission must include, at minimum, Customer’s signature signifying asset to the terms herein, identification of the relevant entity payment terms for customer, and payment contact information for Customer. Purchase Orders may be faxed to 1-800-577-3046. Certain items may require 50% down-payment prior to fabrication/manufacture. When Installation Services are engaged, a 50% deposit shall be required prior to scheduling, with the full balance due immediately upon the completion of the Installation Services. Payments accepted only via Check or Money Order. Remit payments to: Practice Sports, Inc. 14706 Giles Rd, Omaha, NE 68138. Company will retain FULL ownership to all equipment and products until 100% of balance has been paid. Delinquent balances are subject to 3% finance charges, accrued monthly, and a discretionary late fee, determined in Company’s sole and exclusive discretion. If Customer is a commercial entity, private individual, or independent financier, the following payment terms apply to any transaction between Company and Customer: 100% of the balance shall be due in advance prior to Company processing the relevant order, unless Company is to performing Installation Services for Customer for the relevant ordered products. In the event that Company is to provide Installation Services to Customer, 50% of the total balance shall be due in advance, prior to the relevant order being processed. This 50% down payment shall be payable via Personal Check, Certified Check, Money Order or Credit Card. 100% of any remaining balance shall be due immediately upon completion of Installation Services – payable ONLY via Certified Check or Money Order. As applicable, the keys for any equipment and products will NOT be provided to Customer until full payment is received by Company. Company will retain FULL ownership to all equipment and products until 100% of balance has been paid. Company has the right to recover equipment from Customer premises through a third-party if Customer fails to pay charges as they become due. Remit payments to: Practice Sports, Inc. 14706 Giles Rd, Omaha, NE 68138. Delinquent balances are subject to 3% finance charges accrued monthly, and a discretionary late fee, determined in Company’s sole and exclusive discretion. 3. SHIPPING Company ships its products in accordance with the Terms of Use and these Payment and Shipping Terms. You are responsible for inspecting all products you receive from the Company for any damage or other issues upon delivery. In the case that you receive a damaged or incorrect product, you may be entitled to a partial or full refund or a product exchange or repair if you submit a claim of such damaged or incorrect product within two (2) days following receipt of the product. You may submit such a claim at info@practicesports.com. We reserve the exclusive right to determine whether any refund or exchange is to be issued. Any claim for products damaged during shipment must be made immediately upon receipt to the delivery carrier as applicable; Customer’s failure to make such a claim at the time of delivery shall be deemed to constitute acceptance of the delivered goods. You are solely responsible for the proper and safe handling, storage, and use of the products following delivery. Please read all product labels and warnings immediately upon receipt of any product. Failure to follow proper and safe practices, product labels, warnings, and recommendations may increase the risk of injury or other harm. We will make commercially reasonable efforts to ship orders of in-stock products within one business day of our receipt of such order. Generally, most products ship via UPS Ground, and standard transit time is approximately 1-5 business days, based on location. Heavy items will generally ship via Truck Line and may take 3-8 business days or longer. Generally, shipment to a business address is cheaper than shipment to a personal address. Expedited shipping may be available, at an additional cost. We will make commercially reasonable efforts to provide minimum three (3) days’ notice prior to arrival of a shipment at the delivery address. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In some cases, delivery may occur prior to the scheduled delivery date. All scheduled delivery dates are merely estimates and not guarantees. Company shall not be liable for any damages, loss, or other harm resulting from an order arriving after the scheduled delivery date. The risk of loss and title to purchased goods passes to you upon shipment. All sales are final. Notwithstanding anything within these Payment and Shipping Terms to the contrary, we do not provide refunds on orders. We do not provide any product guarantee, satisfaction guarantee, or guarantee on product performance, except as otherwise put forth in these Payment and Shipping Terms. Please check all shipping addresses carefully. We guarantee delivery only to the addresses we are provided. If you have any questions, concerns, or are unsatisfied with any aspect of your order, please contact us. 4. REFUNDS, EXCHANGES, AND REPAIRS Only nonconforming products are eligible for a partial or full refund, product exchange, or product repair. Only incorrect products and products with manufacturer’s defects are considered nonconforming products. Any damaged products where such damage is caused by normal wear and tear, misuse, weather, improper handling, improper installation, improper maintenance, or alteration or modification shall not be considered nonconforming. For netting, manufacturer’s defects are limited to the knotting, binding and construction of the net; holes being punched in the netting and/or worn and broken netting are not manufacturer’s defects eligible for any refund, exchange, or repair. Additionally, shipping costs for returning any product to Company are the responsibility of Customer. In the event that Company agrees to provide a product exchange, such replacement products will be shipped by Company upon receipt of the nonconforming products by Company. In the event that Customer requests that the replacement products be shipped prior to Company’s receipt of the nonconforming products, Customer will be charged full price for the replacement products and shipping, and Company will credit the price of the replacement products upon receipt of the original nonconforming products. 5. CREDITS In Company’s sole and exclusive discretion, Company may issue credits to Customers. The amount of credit issued is to be determined in Company’s sole and exclusive discretion. Customer may be eligible to receive credits when returning conforming, unused products. In order to receive credits for the return of such products, Customer must return the unused products within thirty (30) days of purchase and pay a 15-35% restocking fee. Conforming custom orders are not eligible for return in exchange for issuance of credit. To return products, email us at info@practicesports.com with your name, address, and a basic explanation of the reason for return. When returning products, include proof of original purchase and properly pack such products for shipment. Any damages to the products during shipment back to Company shall be the responsibility of Customer. 6. INSTALLATION SERVICES Company may, at its discretion, provide paid services pursuant to a separate agreement to install products that Customer purchases from Company (“Installation Services”). If, following the provision of Installation Services, the installed product(s) fail to perform materially in accordance with their intended function due to a manufacturing or installation error of Company’s, Company shall take action to remedy the material failure to perform properly. Company may remedy such material failure through repair, replacement, or any other action, in its sole and exclusive discretion. Company’s remediation of such material failure is Customer’s sole and exclusive remedy in the event that an installed product fails to perform materially in accordance with its intended function, and Company shall have no further obligation or liability. Under no circumstances shall Company be responsible or liable for installation, reinstallation, or relocation of any equipment or products manufactured by Customer or any third-party. Under no circumstances shall Company be responsible or liable for damages or injuries sustained as a result of the use of Company’s products or equipment. Customer has the sole and exclusive responsibility for inspection & maintenance of all installed products prior to each use, including the first use. Company recommends regular inspections of any Company products or equipment. When Company travels remotely to provide Installation Services, all job-site materials will need to be received by Customer in advance of Company’s personnel’s arrival. Company’s personnel will only begin travel to a location to provide Installation Services upon receipt of confirmation of safe arrival of all job-site materials to the delivery address. In order to provide Installation Services, Company requires all materials to be placed in secure location, within approximately 50 yards of the relevant job-site area, to allow Company’s personnel to hand transfer materials. If any job-site materials will be placed beyond 50 yards from the relevant job site, Company may require assistance from Customer with transporting items to job-site. If assistance is not available, Company may need to, at Customer’s sole and exclusive expense, rent additional machinery to assist in transporting items. To properly provide Installation Services, Company requires a minimum of six (6) weeks to manufacture the relevant products and travel to the relevant job-site. Company will provide specific arrival times of personnel to arrive on-site to begin installation, within a 24 hour window. Company can provide projected completion timelines for installation projects, within a 48 hour window. In order to be effective, any completion deadlines must be negotiated and agreed to in writing by Company in advance of the relevant project. Company will make commercially reasonable efforts to provide Installation Services in a timely manner. Notwithstanding the foregoing, Company makes no warranty or representation in regard to the Installation Services. Pursuant to Company’s provision of the Installation Services, Customer’s responsibilities include: Customer shall provide only accurate and complete information, as requested by Company. If Customer provides incomplete or inaccurate information, modifications to the equipment may be required, which may result in additional hardware & labor charges. Company will request approval by Customer of such additional charges before proceeding. If the charges are not accepted by Customer, Customer shall pay an additional charge of at least $500 to compensate for travel expenses, and labor charges for the amount of labor exhausted up to that point at a rate determined by Company in its sole and exclusive discretion, and any equipment will be removed and possession retained by Company. Customer shall maintain the relevant job-site in adequate condition to permit Company to perform the Installation Services. If job-site is not in adequate condition to allow for job completion, or if there is not sufficient access to install the equipment in a proper manner according to Company’s high standards, Company maintains the right to refuse to provide the Installation Services. In such a situation, Customer shall pay an additional charge of at least $500 to compensate for travel expenses, and labor charges for the amount of labor exhausted up to that point at a rate determined by Company in its sole and exclusive discretion, and any equipment will be removed and possession retained by Company. In the event that Customer elects to cancel the Installation Services prior to completion, or the job-site conditions are otherwise inadequate, Customer shall pay an additional charge of at least $500 to compensate for travel expenses, and labor charges for the amount of labor exhausted up to that point at a rate determined by Company in its sole and exclusive discretion, and any equipment will be removed and possession retained by Company. If the job-site where Installation Services are to be rendered has a ceiling height of 25 feet or greater, Customer shall furnish a scissor-lift in good-working condition, for Company’s sole and exclusive use during the provision of the Installation Services. Customer shall provide Company with exclusive access to the relevant job-site where the Installation Services are to be rendered, during the time that such Installation Services are being rendered. Customer shall be responsible for the performance of any hard-wiring. In the event that Customer violates any of its obligations or responsibilities as set out in this Section, Customer shall pay reasonable convenience fees, as determined in Company’s sole and exclusive discretion. For Installation Services provided for the installation of a batting cage, the Installation Services shall be deemed complete upon demonstration of cage functionality using an electrical-jumper. 7. INSTALLATION SERVICES PAYMENT TERMS Company generally applies different payment terms depending upon the type of entity that Customer is. Company shall determine, in its sole and exclusive discretion, the property identity of Customer and the proper applicable payment terms. In the event that Customer does not fall into one of the following categories, Company will apply payment terms to the transaction in accordance with industry standards and Company’s past business practices. If Customer is a school, government agency, or municipality, the following payment terms apply to the Installation Services provided to Customer: 50% deposit required prior to order being processed, with full balance due immediately upon completion of the Installation Services. If full payment is not remitted immediately upon completion of the Installation Services, Company will retain FULL ownership to the installed equipment. Equipment may be repossessed if Customer fails to pay all charges in full. Please remit payments to Practice Sports, Inc. 14706 Giles Rd, Omaha, NE 68138. Delinquent balances are subject to 3% finance charges accrued monthly, and a discretionary late fee, determined by Company in its sole and exclusive discretion. If Customer is a commercial entity, private individual, or independent financier, the following payment terms apply to the Installation Services provided to Customer: 50% of balance due in advance prior to order being processed – payable via Personal Check, Certified Check or Money Order. Full balance due immediately upon completion of the Installation Services – payable ONLY via Certified Check or Money Order. As applicable, keys for equipment or products will NOT be provided until full payment is received. Equipment may be repossessed if Customer fails to pay all charges in full. If full payment is not remitted immediately upon completion of the Installation Services, Company will retain FULL ownership to the installed equipment. Please remit payments to Practice Sports, Inc. 14706 Giles Rd, Omaha, NE 68138. Delinquent balances are subject to 3% finance charges accrued monthly, and a discretionary late fee. 8. WARRANTIES Company provides certain limited warranties for certain products and services, available at Warranties, and hereby incorporated by reference. EXCEPT AS OTHERWISE SET OUT HEREIN, COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER, GOOD OR SERVICE WHATSOEVER AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY AND PROPERNESS AND INFRINGEMENT. COMPANY IS NOT RESPONSIBLE FOR ANY FAILURES, DEFICIENCIES OR OTHER DAMAGE RESULTING FROM THE GOODS SOLD HEREUNDER, UNLESS IT IS CAUSED BY COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR OTHERWISE RELATED TO GOODS OR SERVICES PROVIDED PURSUANT TO THE TERMS HEREIN MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE TIME IT FIRST ACCRUED, OR WILL BE FOREVER BARRED. NOTWITHSTANDING ANY TERM HEREIN TO THE CONTRARY, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO THE CUSTOMER FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE GOODS SOLD HEREUNDER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, EVEN IF COMPANY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE REPAIR OR REPLACEMENT OR REFUND, ALL AT COMPANY’S SOLE OPTION AND ELECTION, SHALL SERVE AS CUSTOMER’S EXCLUSIVE REMEDY. WITHOUT EXCEPTION, COMPANY’S AGGREGATE LIABILITY TO THE CUSTOMER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO COMPANY UNDER THE RELEVANT TRANSACTION, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED IN CONTRACT, STATUTE, TORT, OR OTHERWISE. EACH PROVISION THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY, OR EXCLUSION OF DAMAGES IS PROVIDED TO ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY COMPANY AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS AND EACH OF THESE PROVISIONS WILL APPLY EVEN IF THE REMEDIES HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
