TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY
The Terms and Conditions of Sale are limited to those contained herein. Any additional or different terms in any forms delivered by customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given.
By accepting delivery of the products described in a DAEDO USA Inc. invoice or other DAEDO USA Inc. documentation, customer agrees to be bound by and accepts these Terms of Sale unless customer and DAEDO USA Inc. have signed a separate agreement, in which case the separate agreement will govern.
TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale constitute a binding agreement between Customer and DAEDO USA Inc. Customer accepts these Terms and Condition of Sale by making a purchase, placing an order or otherwise shopping on the DAEDO USA Inc. Website. These Terms and Conditions of Sale are subject to change without notice, except that the Terms and Conditions of Sale posted on the Website at the time the customer initially places or modifies an order will govern the order in question.
These Terms and Conditions of Sale constitute the entire agreement between the Customer and DAEDO USA Inc. relating to the Terms and Conditions of Sale of products on the Website. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms and Conditions of Sale contained herein and in a DAEDO USA Inc. invoice or other documentation will control. No other course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Sale or any purchase order or invoice related thereto. For the purpose of these Terms and Conditions of Sale, "Customer" means the person or entity that purchase, places an order or otherwise shops at the DAEDO USA Inc. Website.
HIGH RISK ACTIVITY
Products sold through this website include equipment and gear for martial arts and demonstration. Participation in any of these activities should be considered a high-risk sports activity. Your participation in any of these activities is at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read and follow specific warnings and instructions on products and in product literature or inserts. Save these documents for reference.
ASSUMPTION OF THE RISK
By buying Daedo USA Inc. products, you understand and agree that martial arts and demonstrations are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of Daedo USA Inc. including but not limited to equipment malfunction from whatever cause, or any other fault of Daedo USA Inc.. Additionally, you agree to indemnify, defend and hold Daedo USA Inc. harmless from any third party claims arising from such High Risk Activities or Martial Arts or any other Daedo USA Inc. product.
SHIPMENTS; RISK OF LOSS
When Customer places an order, the order will be shipped to an address designated by Customer as long as that shipping address is complaint with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to the customer upon delivery of the items to the carrier. Customer is responsible for filing any claims with carriers for damaged and/or lost shipments. Customer will be responsible for all shipping and related charges.
EXPORT SALES
If this transaction involves an export under the Export administration Regulations, the products sold or distributed under these Terms and Conditions of Sale exported from the United States by DAEDO USA Inc. were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited.
WARRANTIES
Customer understands the DAEDO USA Inc. is not the manufacturer nor the authorized/exclusive distributor of any products purchased by the Customer hereunder and only the warranties offered are those of the by the manufacturer of those accessory components and products. DAEDO USA Inc. hereby expressly disclaims all warranties either express or implied, related to products bought in our website. Furthermore, DAEDO USA Inc. will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product availability, carries delays, delays due to fire, severe weather conditions, power failure, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government agency.
LIMITED REPLACEMENT WARRANTY
Daedo USA, Inc. warrants its products to be free from defects in materials and workmanship for a period of 30 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. Daedo USA's sole liability is limited to replacing products that are returned prepaid to Daedo USA within this 30-day period. . Due to vendor requirements, books and videos cannot be refunded once the seal is broken. Daedo USA's warranty as to books and videos is limited to exchange for the same title if the tape or book proves defective. See our Return and Exchange Policy for more information. Excluded from this Limited Replacement Warranty are all electronics devices including socks, chest protectors, sensors, etc..
WARRANTY DISCLAIMER
THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF DAEDO USA. DAEDO USA NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITE, CATALOG OR OTHERWISE. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. THE TERM "ORIGINAL PURCHASER" AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES ONLY.
SAFETY
DAEDO USA Inc. has no control over the usage of any part or product. Customer shall read and comply with all safety instructions in specific product documentation and to exercise good judgment as to the proper selection, installation, use and maintenance of any product.
WARNING
Use and misuse of products sold through this website involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. Daedo USA Inc. cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through this website,
GENERAL DISCLAIMER
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Daedo USA Inc. reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
INDEMNIFICATION
Customer agrees to defend, indemnify, and hold harmless DAEDO USA Inc., or their respective officers, directors, employees, agents, successors, or assigns from all liabilities. Claims, and expenses, including attorney's fees, that arise from customer's (a) breach of these Terms and Conditions of Sale; (b) use of any product purchased on the DAEDO USA Inc. Website, DAEDO USA Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with DAEDO USA Inc. in asserting any available defenses.
PRICING INFORMATION & DELIVERY AVAILABILITY DISCLAIMER
All pricing is subject to change. DAEDO USA Inc. reserves the right to make adjustments to pricing and product offerings/brand substitutions for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, raw material price changes and error in advertisements. All orders are subject to product availability. Therefore, DAEDO USA Inc. cannot guarantee that it will be able to fulfill Customer's orders and guarantee delivery by a certain date (e.g: a tournament, etc..) Daedo USA Inc. does NOT guarantee delivery dates, in many instances customers order equipment in hopes of receiving it the day before the tournament. Unless, express/ overnight or second day shipping service is chosen and enough time for processing the order is allowed. It is completely at the customer's risk. We will not refund any shipping costs due to shipping carriers delays or customers' perceived expectations of when (date & time) will the product arrive. These disputes are to be handled directly with the shipping vendor chosen by the customer.
ACCOUNTS AND PASSWORDS
Customer is responsible for maintaining the confidentiality of Customer's account information and password and for restricting access to such information and Customer's computer. Customer agrees to accept responsibility for all activities that occur under Customer's account or password.
ORDERS; PAYMENT TERMS; INTEREST: TAXES
Orders are not binding upon DAEDO USA Inc. until accepted by DAEDO USA Inc.. DAEDO USA Inc. reserves the right to refuse service to anyone. Terms of payment are within the sole discretion of DAEDO USA Inc. Sales Tax is charged to residents of Nevada & Texas.
SEVERABILITY
If any part of these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
RETURN PRIVILEGES
Customer agrees to thoroughly and carefully inspect all goods and shipping papers upon delivery. No claim for shortage or damaged goods will be valid or enforceable against DAEDO USA Inc. unless Customer complies with the DAEDO USA Inc. policy on returns and exchanges.
CHOICE OF LAW AND FORUM
These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflicts of law rules. Customer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale or Customer's use of this Website shall be filed only in the state or federal courts located in the State of Nevada, and Customer further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
APPLICABLE LAW AND ARBITRATION OF DISPUTES
Your order from this website shall be governed in all respects by the laws of the State of Nevada, U.S.A. without its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction and venue in any proceeding directly or indirectly arising out of or relating to the purchase of goods from Daedo USA Inc. not exceeding $3,500.00 will be in the small claims division of District Court of Clark County, Nevada. You agree that any dispute or controversy arising out of or relating to the purchase of goods from Daedo USA Inc. exceeding $3500.00 shall be resolved exclusively and finally by arbitration subject to the provisions of the Uniform Arbitration Act as enacted in Nevada, Such arbitration shall occur in Clark County, Nevada before a sole arbitrator. Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. Any cause of action or claim you may have with respect to the purchase of Daedo USA Inc. products or any other claim related to the use of the website must be commenced within one (1) year after the claim or cause of action arises. Daedo USA's failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.
NOTICE OF DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
The terms and conditions of all sales by Daedo USA Inc. provide that all disputes between you and Daedo USA Inc. will be resolved by BINDING ARBITRATION in the State of Nevada.
You GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract except for matters that may be taken to THE SMALL CLAIMS COURT OF HENDERSON COUNTY, NEVADA. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT FOR MORE DETAILS, SEE "APPLICABLE LAW AND ARBITRATION" ABOVE







