Terms and Conditions
Last updated on November 29, 2024
Turner Logic, LLC d/b/a Turner Pinball (“we”, “us”, or “our”) is in the business of providing fun and innovative pinball machines to enthusiasts around the world. By using this website, placing a deposit on a pinball machine, or making any other purchases from us, you the buyer/customer (“you”, “your”) agree to be bound by these terms and conditions (“T&C”).
1. General
These terms exist to help establish expectations and responsibilities between you and us. Please keep in mind, we are a (very) small business in this space and we are doing our best to provide pinball machines that are reliable and well made. Each machine is hand made by our team in our workshop in Texas. Although we try to get everything perfect every time, it is just not possible. Each machine is unique, and as such, minor variations or imperfections may occur. We strive to deliver a product of the highest quality and will address any issues we deem significant before shipping.
2. Deposits
Your deposit is a commitment to buy, which we will rely upon. In return, we are making a commitment to build you a machine.
In general, all deposits are non-refundable, non-returnable, and non-transferrable. However, any deposits made directly with us become fully refundable ONLY if we have NOT notified you that your machine is built and ready to ship within 12 months of your deposit date.
Once your machine is ready to ship, we will notify you using the email and/or phone number you provided at the time of deposit. Upon notice, you will have one week to make full payment. If you have not made the payment within one week after notice, you will forfeit your deposit as liquidated damages due to your failure to follow through on your purchase.
Specifically for our first machine release, Ninja Eclipse, all deposit money will be separated from operating funds and will not be used for parts or other business expenses until your machine has shipped.
3. Purchase Price and Payments
The purchase price for your machine is as follows:
- Advertised Machine Price
- + Tax (if applicable)
- + Shipping and Handling
- - Deposit (if applicable)
- ————————————————
- Total Price
All prices are in USD and and we reserve the right to change pricing at any time without prior notice. A three percent (3%) convenience fee will be added to any transactions made via a credit card. Full payment must be received/cleared before your pinball machine will be shipped.
4. Taxes
Sales taxes assessed will be based solely on our determination and interpretation of sales tax laws using the state of Texas as resident nexus, and the laws of the state you direct the shipment to be delivered. Pursuant to law, when not assessed, you irrevocably and absolutely accepts responsibility for any consumer use tax your resident State requires the you to pay.
5. Shipping and Insurance
Shipping anything these days, especially something as large and fragile as a pinball machine, is risky business. Please understand that you must accept full responsibility for any damage or loss once your machine has left our facility.
Machines will ship from our facility in Boerne, Texas. If you would like to pick up your machine or arrange your own shipping, please let us know and we will try to accomodate that. We generally use FedEx Freight for cost and reliability reasons. Shipping rates are largely dependent upon whether it is a residential lift-gate delivery or business dock delivery. Insurance for the full price of the game is mandatory for every shipment.
In the case of any shipping damage, you must note it at the time of delivery. If you accept the shipment without noting the damage, you may not be able to file a damage claim with the shipper. This process will be your responsibility completely. If you have questions or need help, we will try to assist.
If, during the delivery, you notice damage that may merit refusing the shipment, please contact us immediately so we can help advise on the situation. In the horrible case of such extensive damage, it would be better to have the shipper return the machine to our facility for repair and re-shipment.
6. Returns, Exchanges, and Refunds
No returns or exchanges can be made and no refunds will be given. Any issues with your machine need to be handled through our warranty and support process.
7. Limited Warranty (Mainland USA Only)
We offer the following limited warranty, only within the mainland USA. Any machines shipped or used outside that area cannot be warrantied due to the high cost of shipping replacement parts. We hope to revise this in the future.
Our limited warranty only covers parts replacement for manufacturing defects in the wood, electrical, and/or mechanical components of our pinball machine. In all cases, normal wear and tear is not covered under this limited warranty. Specific exclusions include but are not limited to: rubbers, lighting, and plastics. Playfield scratches and any issues related to improper storage, use, or care of your machine are also excluded.
Home use only machines have a one (1) year limited parts replacement warranty, whereas location or mixed-use machines have a ninety (90) day limited parts replacement warranty.
Prior to a part being replaced under warranty, the defective part must be returned to us for inspection. The return shipping cost will be your responsibility.
Once the part is received, we will inspect it to determine if the defect is a manufacturing defect that is covered under the limited warranty. We will determine this at our sole discretion and you agree to submit to our determination.
If we determine the part is defective, we will ship you a replacement part at our expense. If we determine that it isn’t defective, we will offer to sell you a part or return the part you sent us. The shipping cost in this case will be your responsibility.
8. Use and Care
Pinball machines are delicate equipment that must be stored and used only in an indoor temperature and humidity controlled space. An unconditioned space like a garage is not a suitable place to store one of our machines.
Our machines utilize a polycarbonate top adhered to our plywood playfields to enhance the durability and longevity of your machine. Large temperature changes can negatively affect the adhesion of the polycarbonate top to the plywood and should be avoided. Additionally, you should avoid placing your machine so that direct sunlight hits the playfield.
Our machines should be stored within a temperature range of 60 to 80 degrees Fahrenheit with reasonable humidity. Storage outside these conditions may adversely affect the performance or longevity of your machine and will void your warranty.
The polycarbonate top the playfield has an abrasion resistant (“AR”) coating applied to it from the manufacturer. This is designed to minimize scuffing and scratches from normal use. Please remember, it is abrasion resistant, not scratch proof.
When cleaning the playfield, do not apply any chemical cleaners and do not use any polishing compounds. These will damage the AR coating. Only use a new microfiber cloth to gently wipe the playfield. The cloth may be slightly moistened with water. Prior to wiping off the playfield, try to remove any debris with compressed air to avoid rubbing it around with the cloth. Cleaning the playfield in any other way will void your warranty.
If you have any questions about how to care for your playfield or machine, please contact us before performing any maintenance.
9. Modifications to the Pinball Machine
We appreciate that the pinball community enjoys modifying their machines to their own personal taste. However, outside purely aesthetic modifications, any changes you make to to our pinball machine that are not explicitly approved or provided by us will void your warranty.
10. Technical Support
For technical support, please email your requests to [email protected]. You may also call us during normal business hours (US Central Time) at 210-901-9955.
11. Intellectual Property
All rights, title, and interest in the intellectual property associated with our pinball machines, including but not limited to the design, artwork, music, software, and any other creative elements, are owned exclusively by Turner Logic, LLC d/b/a Turner Pinball or its licensors.
By purchasing a pinball machine from us, you are granted a limited, non-exclusive license to use the machine for personal enjoyment or, in the case of commercial buyers, for entertainment purposes in a public or commercial setting. This license does not include the right to copy, reproduce, distribute, license, sub-license, or create derivative works from any part of the machine, including its software, hardware, firmware, electronics, design, artwork, or music.
You are strictly prohibited from reverse-engineering, decompiling, or disassembling any software or hardware components of the pinball machine. Any attempt to do so will result in the immediate termination of the limited license and may result in legal action.
All modifications to the machine must comply with the warranty and use provisions outlined in these T&C. Unauthorized modifications or tampering with the machine’s software or components may void your warranty and result in the loss of the limited license granted herein.
12. Warnings
12.1 Risk of a Photosensitive Seizure
According to the Epilepsy Foundation, “For about 3% of people...exposure to flashing lights at certain intensities or to certain visual patterns can trigger seizures.” [Source: epilepsy.com]
Due to the normal and intended use of flashing lights or patterns on the playfield and in digital animations on the LCD screen, we strongly warn of and recommend that persons that are, or might be, susceptible to photosensitive seizures, refrain from playing or being around our pinball machines. If you or someone you witness are photosensitive or start experiencing headache, nausea, dizziness, disorientation, uncontrollable twitching, or seizures while viewing or playing a pinball machine, please stop playing and consult a medical professional immediately.
12.2 Risk of Electric Shock or Fire
Our pinball machines contain a high voltage power supply which is used to power the coils, lights, circuit boards, and other components of the machine. The machine should ALWAYS be unplugged during any servicing or replacement of components, and such procedures should ONLY be performed by a qualified service technician.
If you have any concern of an electrical issue related to your pinball machine then immediately discontinue use, unplug the machine, and contact a qualified service technician. You accepts full responsibility and liability for any personal injury or property damage that occurs as a result of use of our pinball machines.
13. Changes to Terms and Conditions
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Any changes to the T&C will be posted on our website, and the "last updated" date at the top of this page will reflect the date of the most recent changes. It is your responsibility to review the T&C periodically to stay informed of updates. Your continued use of our website, products, or services after any changes to these T&C constitutes your acceptance of the revised terms.
14. Miscellaneous Provisions
14.1 Indemnification
You agree to indemnify, defend, and hold Turner Logic, LLC d/b/a Turner Pinball, its officers, directors, employees, shareholders, agents, affiliates, licensors, subsidiaries, vendors, suppliers, and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys’ fees) made by any third party arising out of and related to (a) your breach of any provision of these T&C or (b) use, misuse, modification, or unauthorized alteration of our pinball machine(s). You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our prior written consent.
14.2 Notices
All notices to us shall be sent to the following email address:
Any notices to you will be sent to the email address you provided at the time of purchase.
14.3 Severability and Waiver
The failure by us to enforce any provision of these T&C shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective. If for any reason any provision of these T&C are held to be void, invalid, or otherwise unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render the same valid, enforceable, and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect any other provision of the T&C.
14.4 Governing Law and Forum
All legal issues arising from or related to these T&C shall be construed in accordance with and governed by the laws of the State of Texas, and you irrevocably agree to submit to the personal and exclusive jurisdiction and waive any venue changes for and of the United States District Court for the Western District of Texas, or any Texas State court sitting in Kendall County, to resolve any dispute, claim or cause of action arising out of these T&C.
14.5 Headings
The headings and titles of the provisions of these T&C are inserted for convenience only and shall not affect the construction or interpretation of any provision.
14.6 Entire Agreement
These T&C represents the entire agreement between you and us and no other term, provision or clause may be modified in any way except by a writing signed by all parties.