TERMS AND CONDITIONS OF SALE
Babich Enterprises, Inc. d/b/a Game Exchange of Colorado
1. Scope and Acceptance
These Terms and Conditions of Sale (the “Terms”) apply to purchases of equipment, games, parts, accessories, merchandise, delivery, installation, and related services from Babich Enterprises, Inc., d/b/a Game Exchange of Colorado (“Game Exchange,” “we,” “us,” or “our”), whether purchased in our showroom, by telephone, email, invoice, quote, or through gameexchange.biz. By placing an order, paying a deposit or invoice, accepting delivery, or otherwise accepting goods or services, the purchaser (“Customer” or “you”) agrees to these Terms and any product-specific written terms shown on the applicable quote, invoice, or product listing.
2. Orders, Pricing, Taxes, and Availability
All orders are subject to acceptance by Game Exchange. Prices and availability may change before an order is accepted. Website descriptions, photographs, specifications, lead times, production dates, and availability are provided in good faith but may change because of manufacturer, freight, inventory, or other circumstances outside our control.
Prices are in U.S. dollars. Sales or use tax, freight, delivery, installation, permits, site preparation, stairs or difficult-access charges, and other services are additional unless specifically included in writing. We may correct clerical, pricing, or description errors before fulfillment and will contact the Customer if a material correction affects an accepted order.
3. Deposits, Preorders, and Special Orders
Deposits and preorder payments are governed by the terms stated on the applicable product listing, quote, or invoice. Many limited-production, allocated, preorder, and special-order products require NON-REFUNDABLE deposits and may be NON-TRANSFERABLE to another product. Certain products may permit transfer to another person only upon payment of a stated transfer fee. Where product-specific terms conflict with these general Terms, the product-specific written terms control.
Estimated production and delivery dates are estimates only and are not guaranteed. Manufacturer production schedules, allocations, freight delays, and other circumstances may change without notice. Unless otherwise stated in writing, any remaining balance is due before shipment or delivery. Failure to timely pay a required balance may result in cancellation and forfeiture of a non-refundable deposit to the extent permitted by applicable law.
4. Payment
Payment is due according to the applicable order, quote, invoice, or product listing. Game Exchange may require cleared funds before releasing or shipping merchandise. Customer is responsible for any lawful returned-payment, chargeback, collection, or similar costs stated in the transaction documents or permitted by law.
Title to merchandise does not pass until Game Exchange has received full payment in collected funds, except to the extent applicable law provides otherwise. Risk of loss is addressed separately below for shipped merchandise.
Credit Card Surcharge. Payments made by an eligible credit card are subject to a 2% credit card surcharge, where permitted by applicable law and card-network rules. The surcharge applies only to credit-card transactions and will be separately disclosed before payment is completed. Debit cards and prepaid cards are not subject to the surcharge, including when a debit card is processed without a PIN or otherwise routed over a credit-card network. The surcharge will not exceed Game Exchange's applicable cost of acceptance or the maximum amount permitted by applicable law or card-network rules, whichever is less. If a credit-card transaction is refunded, any associated surcharge will be refunded to the extent required by applicable law and card-network rules.
5. Shipping, Freight, and Curbside Delivery
Shipping method and charges vary by product. Large amusement equipment may ship by common carrier. Unless a written order states otherwise, curbside freight delivery means delivery to the carrier-accessible curb or similar ground-level delivery point; it does not include uncrating, moving the product inside, assembly, installation, stairs, or removal of packaging.
Customer must provide accurate delivery information and reasonable access. Customer is responsible for confirming that doors, hallways, elevators, stairs, flooring, electrical service, ceiling height, and the complete path to the final location are suitable for the equipment. Additional trips, storage, redelivery, waiting time, special equipment, or access work caused by conditions not disclosed before delivery may result in additional charges.
Unless otherwise expressly stated in writing, all shipping and freight prices quoted by Game Exchange apply only to destinations within the contiguous United States (the lower 48 states). Shipments to Alaska, Hawaii, U.S. territories, international destinations, or any other destination outside the contiguous United States will incur additional shipping and freight charges. Customer is responsible for all additional shipping, freight, handling, customs duties, taxes, brokerage fees, and other applicable charges.
6. Freight Damage and Inspection
Customer should inspect freight before signing the carrier's delivery receipt. Visible damage or shortages should be specifically noted on the carrier's delivery paperwork and photographed. Concealed damage should be reported to Game Exchange promptly after discovery and within any carrier claim deadline.
Freight-damaged merchandise is not handled as a normal return. Game Exchange will reasonably assist with the freight claim and repair process. Signing a delivery receipt without noting visible damage may affect the Customer's rights against the carrier. Customer agrees to preserve packaging and damaged components when reasonably necessary for a claim.
7. Local Full-Service Delivery and Installation
When purchased, local full-service delivery may include transportation, uncrating, placement, basic assembly or setup, and operational testing as stated on the invoice. Unless specifically included in writing, delivery does not include electrical work, structural modifications, door or railing removal, floor protection beyond ordinary care, crane service, extraordinary stair carries, or other construction/site work.
Customer must disclose stairs, narrow access, unusual grades, elevators, long carries, or other difficult conditions before scheduling. Game Exchange may decline a placement that its crew reasonably determines is unsafe or likely to damage the equipment or premises.
8. Returns
Equipment purchases may be eligible for return within 30 days subject to prior management approval and a Return Authorization. New equipment must remain new and unplayed in its original packaging. Used equipment must be returned in the same condition and packed as it was shipped. Approved equipment returns are subject to a 30% restocking fee plus return shipping costs.
Kits are not returnable. Special-order and closeout merchandise is not returnable. Non-electronic parts may be eligible for return within 30 days from the date Game Exchange ships them, with prior authorization, at the Customer's shipping expense. Returned parts must be new or like-new and complete with packaging, parts, and cables, and approved parts returns are subject to a 30% restocking fee. Electronic parts are not returnable unless expressly approved in writing. Product-specific restrictions may also apply.
9. Warranties and Technical Support
New equipment is covered by the applicable manufacturer's warranty, if any, and warranty duration, coverage, exclusions, labor, travel, and shipping obligations vary by manufacturer. Manufacturer warranty terms control the manufacturer's obligations.
For qualifying used equipment delivered and set up by Game Exchange, Game Exchange's website states an in-house 30-day limited warranty. Unless separately stated in writing, used equipment picked up by the Customer or shipped without Game Exchange delivery/setup is not represented as receiving that local in-house warranty. Game Exchange also provides telephone technical support for equipment it sells; telephone support does not include free onsite labor, travel, parts, freight, or third-party service.
EXCEPT FOR EXPRESS WRITTEN WARRANTIES THAT APPLY TO A PARTICULAR SALE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAME EXCHANGE DISCLAIMS IMPLIED WARRANTIES THAT MAY LAWFULLY BE DISCLAIMED. NOTHING IN THESE TERMS LIMITS ANY WARRANTY OR REMEDY THAT CANNOT LEGALLY BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW.
10. Used, Refurbished, Floor-Model, and Vintage Equipment
Used, refurbished, floor-model, and vintage amusement equipment may show cosmetic wear, prior repairs, cabinet marks, playfield wear, replacement components, or other evidence of age and use. Stock photographs may be used on some website listings; actual condition may vary. Customers purchasing unique used equipment are encouraged to request current photographs/video or inspect the item before purchase.
Unless expressly stated otherwise in writing, cosmetic condition is not guaranteed to be mint, and age-related cosmetic imperfections that do not materially prevent normal operation are not defects covered by a limited functional warranty.
11. Customer Site, Electrical, Internet, and Third-Party Services
Customer is responsible for providing a safe, code-compliant installation location and any required electrical outlets, network connection, subscriptions, licenses, permits, or third-party services. Some commercial games require ongoing manufacturer, online, cellular, card-system, music, licensing, or subscription fees that are not included unless specifically stated.
Game Exchange is not responsible for outages, changes, discontinuation, fees, or performance of third-party online services, software, licenses, payment systems, music services, or manufacturer networks.
12. Cancellations and Failure to Accept Delivery
Cancellation rights depend on the product and transaction. Non-refundable deposits, special orders, closeouts, allocated products, and products already ordered or committed for a Customer may not be cancellable. If Customer fails to accept delivery or provide access after merchandise is ready, Game Exchange may charge reasonable storage, redelivery, freight, or handling costs and may exercise other remedies permitted by law and the transaction documents.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAME EXCHANGE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUE, LOST PROFITS, LOSS OF USE, OR BUSINESS INTERRUPTION, ARISING FROM A SALE, DELIVERY, INSTALLATION, SERVICE, DELAY, OR PRODUCT FAILURE. THIS LIMITATION DOES NOT APPLY WHERE SUCH A LIMITATION IS PROHIBITED BY LAW.
To the maximum extent permitted by law, Game Exchange's aggregate liability arising from a particular transaction will not exceed the amount actually paid to Game Exchange for the product or service giving rise to the claim, except where applicable law requires a greater remedy.
14. Commercial Customers
Commercial amusement equipment is subject to ordinary wear, maintenance, and service requirements. Unless expressly guaranteed in writing, Game Exchange does not guarantee revenue, earnings, uptime, customer traffic, redemption performance, or profitability of any machine. Customer is responsible for compliance with laws, licensing, accessibility requirements, tax obligations, prize/redemption rules, and other requirements applicable to its business or location.
15. Governing Law and Venue
These Terms and sales by Game Exchange are governed by the laws of the State of Colorado, without regard to conflict-of-law principles. Subject to any non-waivable consumer rights or other applicable law, any court proceeding arising from a transaction with Game Exchange shall be brought in a state or federal court of competent jurisdiction in Colorado, and the parties consent to personal jurisdiction there. Colorado counsel should confirm the preferred county/venue language before final publication.
16. Severability; No Waiver; Entire Agreement
If any provision of these Terms is held unenforceable, the remaining provisions will remain effective to the fullest extent permitted by law. A failure to enforce a provision is not a waiver. The applicable quote, invoice, product listing, these Terms, and any separately signed written agreement constitute the agreement for the sale and supersede inconsistent prior oral statements concerning that transaction. Any modification must be in writing by an authorized Game Exchange representative.
17. Contact and Policy References
Questions regarding an order, return authorization, freight damage, warranty assistance, or delivery should be directed to Game Exchange of Colorado at 303-288-6500 or info@gameexchange.biz. Current online policies and product-specific terms are available at gameexchange.biz. Because product and manufacturer requirements change, the terms displayed on a specific product listing or written quote/invoice may supplement these Terms.
18. Credit Card Payments, Disputes, and Chargebacks
Customer agrees not to initiate a credit-card chargeback, ACH reversal, payment dispute, or similar reversal for a matter that is subject to these Terms without first providing Game Exchange a reasonable opportunity to address the issue. A chargeback or payment reversal does not cancel Customer's contractual obligations. To the extent permitted by law, Customer remains responsible for valid amounts due under the transaction, together with reasonable costs actually incurred by Game Exchange in responding to an improper or unsuccessful chargeback or reversal. Nothing in this section limits any non-waivable rights a consumer may have under applicable federal or Colorado law.
19. Customer Readiness; Access; Measurements; Stairs and Site Conditions
Customer is responsible for confirming before delivery that the equipment will fit through all doors, hallways, elevators, stairways, turns, and other access points and that the destination is ready for delivery and installation. Dimensions provided by Game Exchange or a manufacturer are informational; Customer remains responsible for verifying actual site clearances. Unless specifically agreed to in writing before delivery, standard delivery pricing assumes reasonable, safe access and no more than three (3) stairs. Narrow or spiral stairs, excessive stairs, difficult terrain, long carries, elevator restrictions, hoisting, disassembly beyond normal setup, unusual site conditions, or additional labor may result in additional charges or require rescheduling. If delivery cannot be safely completed because of undisclosed access conditions or inaccurate Customer measurements, applicable delivery, redelivery, storage, and additional labor charges may apply.
20. Delivery and Installation - Property Protection
Game Exchange will use commercially reasonable care during delivery and installation. Customer is responsible for protecting or identifying unusually delicate flooring, walls, trim, fixtures, landscaping, low-clearance areas, hidden utilities, or other special conditions before work begins. Customer must provide a reasonably clear and safe path. To the fullest extent permitted by law, Game Exchange is not responsible for ordinary or incidental cosmetic effects inherent in moving large and heavy amusement equipment through confined areas when reasonable care is used. This provision does not waive liability that cannot lawfully be waived, including liability for damage caused by legally actionable negligence where such a limitation is prohibited.
21. Storage, Delayed Acceptance, and Abandoned Merchandise
Customer must accept delivery or pick up completed or available merchandise within the time stated on the invoice, quote, or notice from Game Exchange. If no time is stated, Customer must make reasonable arrangements promptly after notice that the merchandise is ready. If Customer delays pickup or delivery, Game Exchange may assess reasonable storage and handling charges after providing notice. Game Exchange may also require payment of the remaining balance before continued storage. Merchandise left for an extended period will not be treated as abandoned or disposed of except in accordance with applicable law and after any legally required notices. Customer remains responsible for lawful storage, handling, redelivery, and other agreed charges.
22. Freight Shipments; Inspection; Bill of Lading; Concealed Damage
For common-carrier or LTL freight shipments, Customer must inspect the shipment before signing the carrier's delivery receipt or bill of lading. Visible shortage or damage should be specifically noted on the carrier's paperwork and photographed before the driver leaves. Signing a delivery receipt without noting visible damage may materially impair or prevent a freight claim. Concealed damage should be reported to Game Exchange and the carrier as soon as discovered, with the original packaging retained. Freight-damaged merchandise is handled through the applicable carrier claim process and is not treated as an ordinary return under Game Exchange's Return Policy. Game Exchange will reasonably assist Customer with freight claims, but carrier claim approval and payment are controlled by the carrier and applicable shipping terms.
23. Manufacturer Production, Allocation, Backorders, and Delays
Manufacturer production schedules, allocations, estimated ship dates, release dates, and lead times are estimates unless Game Exchange expressly guarantees a date in writing. Game Exchange is not responsible for delays caused by manufacturers, distributors, freight carriers, component shortages, production changes, allocations, strikes, weather, acts of government, or other circumstances outside Game Exchange's reasonable control. A manufacturer's delay does not automatically make a non-refundable deposit refundable. If a manufacturer cancels a product or Game Exchange is permanently unable to supply an ordered product, Game Exchange may, as appropriate and subject to any product-specific terms, refund amounts paid for the unavailable item or offer an alternative acceptable to Customer.
24. Special Orders, Customized Equipment, and Non-Refundable Deposits
Special-order, customized, closeout, made-to-order, allocated, preorder, and deposit items are subject to the written terms shown on the product page, quote, invoice, or order confirmation. Where an order or deposit is expressly identified as NON-REFUNDABLE or NON-TRANSFERABLE, Customer acknowledges that Game Exchange may commit funds, reserve inventory, surrender another sales opportunity, or place a non-cancellable order with a manufacturer in reliance on Customer's commitment. Product-specific written deposit terms control over any general cancellation provision in these Terms. Game Exchange's current website includes products for which deposits are expressly non-refundable and/or non-transferable.
25. Pool Tables and Other Site-Installed Equipment
For pool tables and other equipment requiring field assembly, leveling, anchoring, or installation, Customer is responsible for selecting the final location and ensuring that the floor and structure are suitable for the equipment's weight and intended use. Once installation has begun or an item has been assembled at Customer's premises, relocation, re-leveling, disassembly, reassembly, replacement cloth/felt, or additional site visits are not included unless stated in writing. Game Exchange is not responsible for leveling changes caused after installation by floor movement, settling, humidity, Customer relocation, or alteration of the premises.
26. Used, Demonstrator, Showroom, and As-Is Equipment
Used, demonstrator, showroom, vintage, closeout, and previously operated equipment may show cosmetic wear, repairs, modifications, replacement components, cabinet wear, screen burn, playfield wear, or other evidence of prior use consistent with its age and description. Customer is encouraged to inspect such equipment before purchase when practical. Any Game Exchange written limited warranty expressly provided with the sale remains controlling. For equipment expressly sold 'AS IS' or 'WITH ALL FAULTS,' and only to the extent permitted by law, no implied warranty is intended beyond any warranty that cannot legally be excluded. Any disclaimer of the implied warranty of merchantability or fitness for a particular purpose must be applied only in a manner that satisfies Colorado law, including applicable conspicuousness requirements.
27. Limitation of Remedies and Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR REMEDIES THAT CANNOT LAWFULLY BE LIMITED, GAME EXCHANGE WILL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOSS OF USE, LOST BUSINESS, DOWNTIME, LOSS OF DATA, SUBSTITUTE EQUIPMENT COSTS, OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL COMMERCIAL DAMAGES ARISING FROM DELAY, NONDELIVERY, PRODUCT FAILURE, SERVICE, OR BREACH. FOR CONSUMER TRANSACTIONS, THIS LIMITATION DOES NOT APPLY TO PERSONAL INJURY OR OTHER DAMAGES TO THE EXTENT A LIMITATION WOULD BE UNCONSCIONABLE OR OTHERWISE PROHIBITED BY LAW. Any exclusive repair, replacement, refund, or other limited remedy stated in a written warranty or product-specific agreement is subject to applicable law, including any rule governing a remedy that fails of its essential purpose.
28. Order of Controlling Documents; Entire Agreement
If documents conflict, product-specific written terms on an accepted quote, invoice, order confirmation, or product page control over these general Terms for that particular transaction, followed by any applicable written Game Exchange warranty, Return Policy, and Shipping Policy. Manufacturer warranties remain governed by the manufacturer. Oral statements do not modify an accepted written order unless confirmed in writing by an authorized Game Exchange representative. These Terms and the transaction documents constitute the parties' agreement concerning the sale, except for rights or obligations that cannot legally be waived or modified.