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OutdoorFloorStore.com TERMS AND CONDITIONS OF PURCHASE TERMS AND CONDITIONS: No terms and conditions other than the terms and conditions set forth in this Order, including any terms and conditions in any document attached to or incorporated by reference, shall be binding upon Buyer unless accepted by it in writing. Notwithstanding any other provision of this Order, Buyer by authorizing this transaction expressly acknowledges acceptance of all Terms & Conditions stated herein. All terms and conditions contained in any prior proposal or acknowledgment of this Order which are different from or in addition to the terms and conditions of this Order are hereby rejected and shall not be binding on Buyer, whether or not they would materially alter this Order, and Buyer hereby objects thereto. Seller will be deemed to have assented to all terms and conditions contained herein if any part of the goods and/or service covered by this Order is shipped. PAYMENT: The Order price shall not be increased nor the terms hereof changed without the Buyer's written consent. The Buyer shall pay the Order amount to the Seller in full prior to product shipping. All payments must be made by the Buyer to the Seller through the Sellers (SSL) Secure E-Commerce Gateway website or by check/bank transfer. Payments can be made by VISA/Mastercard or VISA/Mastercard Bank Card. DELIVERY SCHEDULE: Time is of the essence in the fulfillment of this Order. Orders will ship within 7-10 days following confirmation of full payment of the Order by the Buyer. If there are delays due to inventory reduction, Holiday schedules, or other issues outside of the Sellers control, the Buyer will be notified of the adjusted delivery schedule. Any alteration in this schedule does not constitute just cause for cancelation of the Order by the Buyer. If the Seller is unable to deliver the Buyers Order within a reasonable period of time, the Seller will refund the Buyers Order in full. A refund by the Seller in no way constitutes acceptance of liability for cost incurred as they may be related to a delay in shipping or a cancelation of the Order. TRANSPORTATION: Unless otherwise stipulated, goods covered by this Order shall be shipped "FOB destination". Risk of loss and title to said goods to pass to Buyer only upon delivery to Buyer's specified end destination. Transportation charges on goods delivered FOB destination are based on the Buyers disclosure of destination conditions and are prepaid and included in this transaction. If Buyer makes unauthorized changes to the agreed conditions for off-load at the delivery destination, these will be charged-back to the Buyer. SHIPMENT: All items shall be properly identified with Buyer's Order number or other identification number or contact information. All material shall be properly packed for shipment. No additional charges will applied for packing, crating or freight. Any loss or damage, whenever occurring, which results from Seller's packaging or mishandling by the Shipping Company shall be borne by the Seller. The Buyer shall notify the Seller within 24 hours of receipt of delivery of damaged goods. The Buyer must provide the Seller with digital photos along with a complete description documenting the damage. This information must be sent by email. The Seller will determine the degree of damage. After a thorough review, the Seller will provide replacement product for those items deemed unusable. Such replacement product will be delivered to the Buyer in a timely manner at the Seller's expense. REJECTIONS: Within the first 30 days starting from the date of shipment, if any of the goods furnished hereunder are found to be defective in material or workmanship or otherwise not in conformity with the requirements of this Order, Buyer, in addition to any other rights which it may have under all applicable warranties or otherwise, may at its option request that the Seller correct the nonconformity. The Buyer must provide the Seller with digital photos along with a complete description documenting the nonconformity. This information must be sent by email. The Seller will determine the degree of non-conformity. After a thorough review, the Seller will provide replacement product for those items deemed unusable. Such replacement product will be delivered to the Buyer in a timely manner at the Seller's expense. RETURNS: All materials are sold as a package system and not as individual components. In the ordering process, the Buyer has declared and authorized the orderering, purchase and shippment of a specific quantity of material. If the Buyer does not use all supplied materials the Buyer authorized, the Buyer may return these at any time at the buyers expense. The Buyer must make all shipping arrangements. There are NO REFUNDS for returned unused components which are provided as part of a package product. Hardware items which are sold as individual parts may be returned as specified above within 60 days of the original shipment date and receive a refund subject to inspection and a 50% restocking charge. NO ADHESIVES are returnable or refundable. This return policy is subject to all other terms and conditions related to product quality. TAXES: Unless prohibited by law, the Seller shall pay all federal, state or local tax, transportation tax, or other tax which is required to be imposed upon the items ordered hereunder, or by reason of their sale or delivery; the Order price shall be deemed to include such taxes. WARRANTY: Seller warrants that it has clear title to all items furnished subject hereto and that they are being delivered free and clear of any encumbrances. The Seller further warrants that all such items shall conform to the Seller's specifications, the requirements of this Order and approved sample or samples, if any, and further, that such shall be merchantable and fit for the Buyer's or its customer's intended use and that such items shall be free from defects in design, material and workmanship (collectively, the "Seller's Warranty"). Seller's Warranty shall remain in effect for a one (1) year period after acceptance of the items by the Buyer's customers, or for such longer period of time as the item is normally warranted. Neither approval by the Buyer of the Seller's design nor acceptance of the goods shall release or discharge Seller from liability for damages resulting from a breach of Seller's Warranty. TERMINATION BY BUYER: Buyer shall have the right for and at its convenience to terminate this Order in whole or in part at any time, and from time to time, by written, fax or email notice effective upon receipt by Seller, even though Seller is not in breach of any obligation hereunder. Upon receipt of notice of termination, Seller shall immediately discontinue performance and shall comply with Buyer's instructions concerning disposition of completed and partially completed items, work in progress and materials acquired pursuant to this Order. In the event of such termination, Seller shall be paid an amount in settlement which shall cover Seller's reasonable costs of performance incurred prior to termination in connection with the items for which this Order is terminated plus a 25% restocking fee. However, said payment shall not exceed the price specified herein for such items. In no event shall the Seller be entitled to recover incidental or consequential damages. Seller shall advise the Buyer, by email, of Seller's termination cost prior to issuing the Buyer a credit. ENTIRE AGREEMENT: This Order constitutes the entire agreement between the parties and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated in this Order. The terms and conditions contained in the Order may not be added to, modified, superseded or otherwise altered except in writing. Each delivery shall be deemed to be only upon the terms and conditions contained in this Order, which shall supersede all inconsistent provisions included in Seller's proposal and in any subsequent acknowledgment by Seller, notwithstanding the Buyer's act of accepting or paying for any delivery or similar act of the Buyer. Copyright ©2005 DexSystems Inc., 1740 Dell Range Blvd, Ste H, #480, Cheyenne, WY 82009 · 888-883-4098www.outdoorfloorsystem.com · www.outdoorfloorstore.com · www.gratedex.com · www.pierdex.com |