PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. ALLCAPS RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION. SELLER SHALL NOT ACCEPT CUSTOMER'S PURCHASE ORDERS UNLESS AND UNTIL CUSTOMER CONSENTS TO THESE TERMS AND CONDITIONS OF SALE. THESE TERMS AND CONDITIONS OF SALE (AS SET FORTH HERE) SUPERSEDE THE TERMS AND CONDITIONS OF CUSTOMER'S PURCHASE ORDER(S) AND WILL GOVERN ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER. THESE TERMS AND CONDITIONS OF SALE ALSO APPLY TO ALL FUTURE TRANSACTIONS UNLESS MODIFIED IN WRITING SIGNED BY SELLER AND CUSTOMER.
Seller accepts payment by Visa, Mastercard, Discover or American Express. Company checks will be accepted only with pre-approved credit. Net terms will be accepted with pre-approved credit upon credit terms determined by Seller. Customer will be charged a $25.00 service charge for any returned check. Pre-paid orders will be charged in full before custom decoration. Credit card orders in excess of $2,000 may require deposit before shipment.
It is understood that should Customer become delinquent in payment, no further credit will be extended. Seller may, at its sole discretion charge Customer interest on all overdue amounts at the rate of 1% per month (18% per annum), or the maximum amount allowed by law, whichever is lesser. Customer will also be responsible for and shall reimburse Seller for any collection agency fees up to 40% of the balance owed and reasonable attorneys' fees, court costs with or without suit, and all other costs and expenses which may be incurred by Seller in the enforcement of these Terms and Conditions of Sale. Customer acknowledges that these charges, fees, and expenses are reasonable under the circumstances as an estimate of the damages Seller is likely to suffer if Customer defaults in its payment obligations.
We want to stay in touch with you regarding your account. Since most people only have cell phones we will need your permission to call your cell phone. Signing this agreement will allow us to do that. You acknowledge and agree that this authorization shall extend to any billing or collection company or companies which may be assigned to your account(s) for servicing or collection.
Customer is responsible for inspecting all merchandise upon receipt. Customer shall notify Seller in writing within 5 days of Customer's receipt of the merchandise of any claims for damages resulting from late delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification. Seller shall not be responsible for shortages when shipments are directed to a third party other than Customer. UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN ALTERED OR MODIFIED IN ANY MANNER OR THAT HAS BEEN DISTRIBUTED AND IS NOT COLLECTABLE.
Customer's failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery. Seller is not liable for late delivery of merchandise due to incompetence of third party shipping companies.
Customer acknowledges that Seller shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Seller has been advised of the possibility of such damages), or personal injuries or death resulting from use or sale of the Seller's merchandise.
Seller has the right, in addition to other remedies provided by the Law, to terminate any delivery or suspend further deliveries of other shipments in the event Customer fails to pay for any shipment. Should Customer's financial condition become unsatisfactory, Seller may require cash payments in advance or other security satisfactory to Seller prior to shipment of merchandise.
These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year from the time such claim or cause of action arose or be forever barred.