General Conditions: At Miura Golf LLC (the “Company,” “Miura Golf,” “us,” “we,” or “our”), we have been making the world’s finest forged golf clubs since 1957. Now, in 2023, we are excited to introduce some of the most beautiful clubs to come out of the factory – the Adam Scott by Miura Golf club line (“Miura AS-1”). We strive to offer our customers the best possible experience while using our Miura Golf products (our “Products”), which include Miura AS-1. With that in mind, however, it should be noted that the reservation and purchase of Miura AS-1 is conditioned upon your acceptance of all terms, conditions, policies and notices stated here (“Deposit Terms”). Please read these Deposit Terms carefully before making a deposit. If you do not agree to all the terms and conditions of these Deposit Terms, then you may not make a deposit or purchase Miura AS-1. If these Deposit Terms are considered an offer, acceptance is expressly limited to these Deposit Terms.
Making a Deposit: The first step in getting your Miura AS-1 is making a non-refundable deposit. The non-refundable deposit payment (the “Deposit Payment”) for each set of Miura AS-1 is $500. Each Deposit Payment reserves one (1) set of Miura AS-1 for you and immediately locks-in the retail price of $3,750.
Securing Your Reservation: Your reservation becomes effective when you agree to these Deposit Terms and we receive your Deposit Payment. In consideration of your agreement with the terms and conditions of these Deposit Terms, and upon our receipt of the Deposit Payment for Miura AS-1, we will assign you a reservation and you will receive communications as we advance towards the manufacturing and shipment of your set.
Deposit Applied to Purchase Price: By making a Deposit Payment and obtaining a reservation for a set of Miura AS-1, you ensure that if you place an Order, you lock-in a purchase price of $3,750 for a set of Miura AS-1 (options and delivery not included). If you place an Order, your Deposit Payment will be applied as a credit toward the purchase price (as described further below in the Order Process).
Non-Refundable Deposit: The Deposit Payment is non-refundable. You understand that Miura AS-1 is a unique, limited edition club line that will be manufactured in limited quantities based on demand. As a result, if you abandon or cancel your reservation or fail to place an Order, Miura Golf will suffer damages that will be difficult to measure. Therefore, if you abandon or cancel your reservation, or fail to place an Order, Miura Golf will keep the Deposit Payment as liquidated damages to compensate Miura Golf for expenses and losses which result therefrom. If, however, Miura Golf unilaterally cancels your reservation after receiving your Deposit Payment, the Deposit Payment will be fully refunded to you as your sole remedy.
Purchase Terms: Agreement to these Deposit Terms and making a Deposit Payment does not constitute an agreement for the sale and supply of a set of Miura AS-1. If and when we notify you of the availability of a set of Miura AS-1 and you wish to proceed with the purchase of the set of Miura AS-1, that purchase will be governed by separate purchase terms (“Purchase Terms”).
Order Process: When the shipment date for your reserved set of Miura AS-1 nears, we will send you an invoice (“Order”) for the $3,750 purchase price, plus estimates of any applicable taxes, duties, transport and delivery charges, and any other applicable fees, and less the amount of the Deposit Payment. If you wish to proceed and purchase a set of Miura AS-1, you can checkout online at www.miuragolf.com (“Site”).
Design Changes: Prototypes of Miura AS-1 can be viewed on our Site; however, Miura AS-1 have not yet been manufactured and thus some details and design features are subject to change.
Timeline: We expect your set of Miura AS-1 to be available for delivery in November of 2023 (“Expected Delivery Timeframe”). If your set of Miura AS-1 is not available by the Expected Delivery Timeframe (a “Delay”), we will notify you of the Delay. At the time of your notification of a Delay, you will have fifteen (15) days to respond to us in writing (or another method outlined in the notification of the Delay) indicating whether (1) you would like to maintain your reservation for your set of Miura AS-1 in lieu of receiving a full-refund of your Deposit Payment, or (2) you would like to rescind your reservation and receive a full-refund of your Deposit Payment. If you fail to properly respond to the notification of a Delay within fifteen (15) days of the date of the notification, such failure will be interpreted and deemed to be your acceptance of the Delay and affirmative acknowledgement that you will retain your reservation in lieu of a refund of your Deposit Payment.
Non-Transferability: These Deposit Terms are not transferable or assignable to another party without the prior written approval of a Miura Golf authorized representative.
Priority: We will establish your reservation sequence position based upon the date of receipt of your Deposit Payment and agreement to these Deposit Terms. We may decline deposits to avoid over-subscription or as we deem appropriate in our sole discretion. If your Deposit Payment is declined, you will be notified and your Deposit Payment will be refunded.
Product Offerings and Prices: We have made every effort to display as accurately as possible the color and images of Miura AS-1 that appear on our Site; however we cannot guarantee that the final product will look the same as changes throughout the design, fabrication, and high volume production are subject to change.
We reserve the right, but are not obligated, to limit the sales and distribution of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or use of any services that we offer.
If you are located in the United States, the price charged to you will include all taxes and duties related to your purchase. If you are located outside of this jurisdiction, you may be liable for the payment of taxes and duties upon receipt of our Product(s).
Any offer for any product or service made on this Site is void where prohibited. Miura AS-1 are warranted by Miura Golf.
Severability: In the event that any provision of these Deposit Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Deposit Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Void Where Prohibited: Although this Site is accessible worldwide, not all services discussed or referenced in this Site are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
Entire Agreement: These Deposit Terms constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, both written and oral, among the parties hereto. These Deposit Terms may not be amended or modified in any way except by a written instrument executed by the Company. The failure of the Company to exercise or enforce any right or provision of these Deposit Terms shall not constitute a waiver of such right or provision.
These Deposit Terms and any policies or operating rules posted by us on this Site or in respect to Miura AS-1 constitute the entire agreement and understanding between you and us and govern your use of Miura AS-1, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Deposit Terms).
Any ambiguities in the interpretation of these Deposit Terms shall not be construed against the drafting party.
Headings: The headings in these Deposit Terms are for reference only and shall not affect the interpretation of these Deposit Terms.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY OF ANY KIND IN CONNECTION WITH THESE DEPOSIT TERMS OR THEIR SUBJECT MATTER AND UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR DEPOSIT PAYMENT, OR MIURA AS-1, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Acknowledgments: YOU UNDERSTAND THAT MIURA GOLF MAY NOT HAVE COMPLETED THE MANUFACTURING OF MIURA AS-1 AT THE TIME OF YOUR DEPOSIT PAYMENT. WE WILL NOT PAY ANY INTEREST ON DEPOSIT PAYMENTS, EXCEPT TO THE EXTENT REQUIRED BY LAW.
Disputes; Governing Law and Jurisdiction: Any dispute arising out of your Deposit Payment or the Deposit Term shall be governed by the laws of the State of Arizona without giving effect to any choice of law or conflict of law rules or provisions. Should a dispute arise out of the Deposit Payment or the Deposit Terms, Miura Golf expressly reserves the option to require you to first submit the dispute for resolution by binding arbitration before the American Arbitration Association in Scottsdale, Arizona, in accordance with the then existing Commercial Arbitration Rules. ALL DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING ARBITRATION. AS A RESULT, YOU WAIVE YOUR RIGHT TO ASSERT OR DEFEND YOUR RIGHTS IN COURT IN FRONT OF A JUDGE OR JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. You hereby agree that the arbitrator shall not have the authority to award any damages which exceed the amount of the Deposit Payment, or the authority to multiply any of the actual damages claimed. Furthermore, you agree that the arbitrator shall be prohibited from awarding any incidental, consequential, special, exemplary, or punitive damages; and you waive the right to any claim involving these prohibited damages. Any award rendered shall be final and conclusive, and a judgment thereon may be entered in any court of competent jurisdiction. Miura Golf may, in its sole discretion, elect to file an action in any court of competent jurisdiction in Scottsdale, Arizona, in lieu of and despite the alternative dispute resolution provision contained herein. Notwithstanding any applicable statute or law to the contrary, you agree that any claim arising out of your access to or use of this Site, or your use of Miura Golf’s Products or services, must be brought within one (1) year after the cause of action arises, otherwise such claim or cause of action is forever barred.
AGREEMENT NOT TO BRING, JOIN OR PARTICIPATE IN CLASS ACTIONS: To the maximum extent permitted by law, by making a Deposit Payment and electronically executing the Deposit Terms, you agree that you will not bring, join or participate in any class action as to any claim, dispute or controversy you may have against us or our agents, servicers, directors, officers and employees. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the costs we incur, including our court costs and attorney’s fees, in seeking such relief. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring, join or participate in class action suits is an independent agreement and shall survive the closing, funding, repayment, delivery and/or default of delivery of the Deposit Payment and Product(s) in question.
Changes to the Terms: You can review the most current version of these Deposit Terms at any time on this page. We reserve the right to update, change or replace any part of these Deposit Terms at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Site following the posting of any changes constitutes acceptance of those changes.
AGREEMENT: YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE DEPOSIT TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE DEPOSIT TERMS, THEN YOU HAVE NO RIGHT TO MAKE A DEPOSIT PAYMENT OR PLACE AN ORDER. If you accept or agree to these Deposit Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Deposit Terms and, in such event, “you” and “your” will refer to that company or other legal entity.