 | |
 | |
| Terms and Conditions:
1. Terms and Conditions for Sale: All descriptions, quotations, proposals, offers, acknowledgements, acceptances, and sales of Seller's products are subject to and shall be governed exclusively by the terms and conditions stated herein. Buyer's acceptance of any offer to sell is limited to these terms and conditions. No additional, different or inconsistent terms and conditions shall become part of the contract between Seller and Buyer unless expressly accepted in writing by Seller. Seller's acceptance of any offer to purchase by Buyer is expressly conditional upon Buyer's assent to all the terms and conditions stated herein, including any terms in addition to, or inconsistent with those contained in Buyer's offer. Buyer's order for any item described in its document, when communicated to Seller verbally or in writing, shall constitute acceptance of this offer. 2. Payment: Payment shall be made by Buyer in U.S. dollars. All payments for printing and shipping are due in advance, before any printing will be performed. Real Too Real accepts cash and business checks at any of its offices. Real Too Real also accepts VISA, MasterCard, American Express and Discover card along with cash and business checks at any of our office locations. Orders being placed online may be paid by Visa, Mastercard, American Express or Discover Card only. Any claims by Buyer for omissions or shortages in a shipment shall be waived unless Seller receives notice thereof within five (5) days after Buyer's receipt of the shipment. 3. Shipment and Delivery: F.O.B. shipping point. Regardless of the method of delivery, however, risk of loss shall pass to Buyer upon Seller's delivery to a carrier. Any delivery dates shown are approximate only and Seller shall have no liability for any delays in delivery. Air freight shipments or large shipments not otherwise handled by carriers such as UPS or Federal Express will be administered through a freight forwarder, through which we will seek to get our customers the most economical cost and expeditious service. Shipments are insured at full invoice value. 4. Returns: Return authorization is required from Real Too Real officer. The Buyer must notify Seller of any discrepancies in shipments within five (5) days of receipt of goods. Real Too Real must be notified immediately if goods have been received in damaged condition. If damage was caused by the shipping company, a claimed must be filed with that company. 5. Warranty: REAL TOO REAL PRINTED PRODUCTS SOLD HEREUNDER SHALL BE FREE FROM DEFECTS IN MATERIAL OR WORKMANSHIP, THE PRODUCTS PURCHASED FROM REAL TOO REAL SHALL BE CONSIDERED USED, AND, IF RETURNED, WILL BE CHARGED A RESTOCKING FEE. MOREOVER, THE REFUND WILL ONLY COVER THE SURPLUS VALUE OF THE PRODUCT, THE AMOUNT OF WHICH SHALL BE ESTABLISHED BY REAL TOO REAL. THIS WARRANTY COMPRISES THE SOLE AND ENTIRE WARRANTY PERTAINING TO ITEMS PROVIDED HEREUNDER. SELLER MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND WHATSOEVER. PREVIOUSLY-OWNED PRODUCTS, I.E., SURPLUS, WHETHER IN USED OR UNUSED CONDITION, ARE SOLD "AS IS, WHERE IS", UNLESS THE WARRANTY IS OTHERWISE NEGOTIATED. ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR PURPOSE, WHETHER EXPRESS, IMPLIED OR ARISING BY OPERATION OF LAW, TRADE USAGE, OR COURSE OF DEALING ARE HEREBY DISCLAIMED. NOTWITHSTANDING THE FOREGOING, THERE ARE NO WARRANTIES WHATSOEVER ON ITEMS BUILT OR ACQUIRED WHOLLY OR PARTIALLY, TO BUYER'S DESIGNS OR SPECIFICATIONS, OR ON ITEMS ALTERED OR REPAIRED BY OTHERS. REAL TOO REAL SHALL NOT BE LIABLE UNDER THIS WARRANTY FOR DEFECTS CAUSED BY ABUSE, OR MISUSE OF THE PRINTED MATERIALS, CORROSION, FIRE, HEAT, OR THE EFFECTS OF NORMAL WEAR. 6. Changes, Reschedules and Cancellations: Buyer may request to modify the designs or specifications for the items sold hereunder as well as the quantities and delivery dates thereof, or may request to cancel all or part of this order; however, no such requested modification or cancellation shall become part of the contract between Buyer and Seller unless accepted by Seller in a written amendment to this Agreement. Acceptance of any such requested modification or cancellation shall be at Seller's discretion, and shall be upon such terms and conditions as Seller may require. 7. Limitation of Remedy: SELLER'S LIABILITY ARISING FROM OR IN ANY WAY CONNECTED WITH THE ITEMS SOLD OR THIS CONTRACT SHALL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE ITEMS SOLD OR REFUND OF THE PURCHASE PRICE PAID BY BUYER, AT SELLER'S SOLE OPTION. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ITEMS SOLD HEREUNDER, WHETHER ALLEGED TO ARISE FROM BREACH OF CONTRACT, EXPRESS OR IMPLIED WARRANTY, OR IN TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY. 8. Special Tooling: A tooling charge may be imposed for any special tooling, including without limitation, dies and patterns, acquired to manufacture items sold pursuant to this contract. Such special tooling shall be and remain Seller's property notwithstanding payment of any charges therefor by Buyer. In no event will Buyer acquire any interest in tools belonging to Seller which is utilized in the manufacture of the items sold hereunder, even if such tools has been specifically converted or adapted for such manufacture and notwithstanding any charges paid by Buyer therefor. Unless otherwise agreed, Seller shall have the right to alter, discard or otherwise dispose of any special tooling or other property in its sole discretion at any time. 9. Taxes: Any sales, use, excise or similar tax payable by Seller which is or may be imposed by any taxing authority upon the sale or delivery of items sold hereunder, shall be in addition to the amounts for the items sold. Buyer agrees to pay all such taxes or to reimburse Seller therefore upon receipt of its invoice. If Buyer claims exemption from any sales, use or other tax imposed by any taxing authority, Buyer shall save Seller harmless from and against any such tax, together with any interest or penalties thereon which may be assessed if the items are held to be taxable. 10. Quotation Expiration: All quotations are valid for 30 days from quotation date unless otherwise agreed to in writing by Seller. 11. Attorney's Fees: In the event that default should occur in the payment of the goods sold hereunder, Buyer agrees to pay Seller's reasonable attorney's fees and court costs incurred by Seller to enforce payment thereof. 12. Finance Charge: A 1-1/2% monthly (18% per annum) finance charge will be applied to any past due accounts. 13. Force Majeure: Seller does not assume the risk of and shall not be liable for delay or failure to perform any of Seller's obligations by reason of circumstances beyond the reasonable control of Seller. Such Events of Force Majeure shall include without limitation, accidents, acts of God, strikes or labor disputes, acts, laws, rules or regulations of any government agency, fires, floods, delays or failures in delivery of carriers or suppliers, shortages of materials and any other cause beyond Seller's control. 14.
Entire Agreement/Governing Law: The terms and conditions set forth herein, together
with any amendments, modifications and any different terms or conditions expressly
accepted by Seller in writing, shall constitute the entire Agreement concerning
the items sold, and there are no oral or other representations or agreements which
pertain thereto. This offer for sale and any acceptance that might result from
said offer, is governed in all respects by the laws of the State of Michigan.
Office
hours: Monday through Friday 12:00 noon to 7:00 248-582-0555
| |