The following Terms and Conditions apply to
all sales agreements for goods ordered from Exhibits Etc. Incorporated, a
Florida corporation ("Exhibits Etc.").
By ordering from Exhibits, Etc. you, the purchaser, acknowledge that you
have read the following terms and conditions, understand that these terms are an
integral part of the Contract for the Purchase of Goods from Exhibits Etc., and
accept these terms and agreeing to be bound thereby:
SHIPPING
All goods are shipped FOB Sellers warehouse.
Buyer is encouraged to insure the
item(s) as Buyer agrees that the Risk of Loss is on Buyer while the goods are in
the hands of the carrier and prior to delivery.
PAYMENT
We require prepayment on all orders. Production will not begin until the Credit
Department has received payment in full along with a signed copy of the order.
Payments can be made by Visa, MasterCard, American Express or company check. A
service of $50.00 will be applied to all returned checks. We reserve the right to withhold
production on any item until your check or other payment has cleared our bank.
PRODUCTION TIME
Production time begins when the following conditions are met:
-Full payment and a signed copy of the order have been received.
-A completed graphic file in the proper format has been received by Customer
Service
-Electronic proof is approved and faxed back to Customer Service. Production
time can vary by product and season. Standard lead time is 7 to 10 business days
plus ship time. For an exact shipping date, contact Customer Service
PROOFING AN ORDER
An electronic layout proof will be emailed to the supplied email address. This
must be signed and returned via fax to begin production. If a printed test strip
is required you will be invoiced a fee of $30.00.
PMS COLOR MATCH
We cannot guarantee an exact color match although we will come as close as
possible to achieving desired colors. With spot colors, we use PMS Color
references as a guide when included on orders.
CANCELLATIONS
All orders are considered firm, and cannot be cancelled without approval from
Exhibits etc. Cancellation requests should be sent in writing. Costs generated
prior to cancellation we be invoiced.
DISCLAIMER OF WARRANTIES
Except as expressly set forth in the
Paragraph immediately following ALL WARRANTIES EXPRESS OR IMPLIED ARE EXCLUDED. There are NO WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE or WARRANTIES OF MECHANTABILITY provided the Buyer. ALL SUCH WARRANTIES ARE DISCLAIMED
AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE
HEREOF.
LIMITED RIGHT OF RETURN FOR REPAIR AND LIMITATION OF REMEDY,
INDEMNIFICATION FOR USE If we received actual notice from the
original Buyer within 30 days from the date the product has been shipped by us,
any manufacturing defect in the product has been discovered, the Original Buyer
and no other person, firm or entity, shall have the right to return the product
to us following the procedure outlined below in the "REPAIR" paragraph, and we
shall have the obligation to repair or replace the damaged item. Under no circumstance do we have an
obligation to repair or replace any item which the Buyer or its agents have
modified or altered in any way, or which has been damaged in shipping or in use.
Seller's sole liability is to repair or
replace any defective part. UNDER NO
CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY GENERAL, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, LOST PROFITS, PUNITIVE DAMAGES OR OTHER MONEY LOSSES WHATSOEVER
FOR ANY BREACH, NON-CONFORMITY OR DEFECT.
Buyer acknowledges that any harm to person
or property caused by the use of the product shall not be the responsibility of
the Seller as Buyer will be assembling and erecting the product on its own. Buyer indemnifies and holds the
Seller, its agents, officers and employees harmless from and against all
liability, real or threatened, from the use of the product(s) or from the damage
caused to person or property thereby.
RETURNS
Products cannot be returned without prior Customer Service approval. Exhibits
etc. will provide a Return Authorization number Claims for damage, defect or
count discrepancy should be reported upon receipt of merchandise, or as soon as
is reasonable possible. Credit will not be issued for merchandise that is
unavailable to be returned to us. Product that has been damaged or is otherwise
unfit for resale cannot be returned for credit. All orders containing graphics
or non standard items are NOT returnable. Returnable items are subject to a 25%
restocking fee.
REPAIR
Contact Exhibits etc. to obtain a return authorization number. This number must
appear on the shipping label of the returned merchandise and on all associated
paperwork. Include the following information when requesting a return
authorization number: your original Exhibits etc. invoice number, item number
and description of merchandise, and reason for return.
CHOICE OF LAW - EXCLUSIVE JURISDICTION AND VENUE
The parties agree that any disputes concerning this Sale or the terms hereof
shall be governed by the laws of the State of Florida without regard to
conflicts principles. Buyer submits
itself the jurisdiction of the Florida Courts and agrees to exclusive venue in
Palm Beach County, Florida.
MODIFICATION
Contact These terms and conditions cannot be varied by any oral representation
of any agent of either Buyer or Seller and may only be modified or varied by a
separate written agreement, which references these Terms and Conditions and is
signed in the handwriting of the Seller or an authorized representative thereof.