Terms Of Sale

Chubbys Mexican Food (“Chubbys”) has implemented these Terms of Sale (“Terms”), which apply to all purchasers of Chubbys products (“Product(s)”) from Chubbys, including through this website. By purchasing Products from Chubbys, you agree to adhere to the following Terms. These Terms shall apply unless Chubbys has presented you with alternate Terms that have been accepted by you.

1. No Resale

   • The Products purchased will be for personal use or as gifts and not for resale
   • None of the Products purchased will be displayed, advertised, or sold in conjunction with any retail or wholesale outlet, business, store, or online order site

2. Orders and Products

   • Orders for Products (“Purchase Orders”) made by you shall be handled pursuant to Chubbys then-current product order, shipment, and return procedures, which may be amended by Chubbys at any time

   • Chubbys reserves the right to reject any Purchase Order, in whole or in part, for any reason

   • Chubbys reserves the right, at any time in its sole and absolute discretion and without any obligation, liability, or advance notice to you to discontinue the sale of or limit the production of any Product, to terminate or limit deliveries of any Product, to alter the design or composition of any Product, and to add new Products to or delete existing Products from its product lines

   • Any proposal from you that includes different or additional Terms that vary from the Terms are objected to and disallowed. Notwithstanding the foregoing, any such counterproposals by you shall not operate as a rejection of these Terms, but as a rejection of the additional or different term(s)

   • You shall pay the costs of delivery of the products

   • You shall pay all sales, use, excise or similar taxes, or other charges, which you are required to pay, or to collect and remit, to any government (national, state, or local) and which are imposed on or measured by the sale

   • The risk of loss, including, but not limited to the risk of loss, theft, damage or destruction of the Products, transfers to you upon Chubbys placing the Products ordered in the care of you or a commercially reputable shipping carrier
   • You shall use only truthful and accurate information to place your order, and you will maintain the accuracy of such information

3. Limitation of Liability; No Warranty

   CHUBBYS SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF SALES, OR LOSS OF PROFITS. CHUBBYS MAKES NO REPRESENTATION OR WARRANTY TO YOU OF ANY NATURE OR KIND REGARDING THE PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, CHUBBYS DISCLAIMS ALL WARRANTIES TO YOU, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF TRADE OR OTHERWISE. CHUBBYS SOLE OBLIGATION AND LIABILITY TO YOU SHALL BE IN ACCORDANCE WITH ANY THEN-CURRENT SATISFACTION GUARANTEE POLICY. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY HOWEVER THE LOSS OR DAMAGE IS CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, BREACH OF CONTRACT, DELAY OF PERFORMANCE, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, WHETHER OR NOT SUCH LOSS WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

4. Miscellaneous

   Chubbys reserves the right to update, amend, or modify the Terms at any time. Chubbys shall not be deemed to be in breach hereof or liable to you in any manner on account of any delay in delivery or other performance caused in whole or in part by, or otherwise materially related to, the occurrence of any contingency beyond Chubbys control. If any provision of the Terms is held contrary to law, the remaining provisions shall remain valid. The Terms and any dispute arising under them shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado, without regard to its choice of law rules. In the event of a dispute over the terms or performance under the Terms, you expressly submit to personal jurisdiction and venue in the federal or state courts in Colorado.