Terms and Conditions of Sale
These Terms and Conditions of Sale ("Terms") govern the sale of products and/or services ("Goods") by , hereinafter referred to as "Seller," to the purchaser ("Buyer"). By placing an order, the Buyer agrees to be bound by these Terms.
1. Orders and Acceptance
1.1 All orders are subject to acceptance by the Seller.
1.2 Seller reserves the right to accept or reject any order for any reason.
2. Pricing and Payment
2.1 All prices are listed in US Dollars and are exclusive of applicable taxes, shipping, and handling charges.
2.2 All prices listed are subject to change within the sole discretion of Seller
2.3 Special or promotional prices or discounts may be offered by Seller from time to time. It is the Buyer's sole responsibility to review and comply with any terms and conditions applicable in order to take advantage of any special or promotional prices or discounts.
2.4 Buyer may process payments for the Goods by completing the applicable forms whether purchasing by credit card or ACH or bank wire transfer.
3. Shipping and Delivery
3.1 Delivery dates are estimates and not guaranteed.
3.2 Seller is not responsible for delays due to circumstances beyond its control.
3.3 Risk of loss passes to Buyer upon delivery of Goods to the carrier.
4. Returns and Refunds
4.1 Returns must be requested within [X] days of receipt.
4.2 Goods must be unused, in original packaging, and accompanied by proof of purchase.
4.3 Refunds will be processed within [X] days of receipt of returned items, less any applicable restocking fees, taxes, and shipping and handling charges which are the sole responsibility of Buyer.
5. Warranties
5.1 Seller warrants that Goods will conform to the description provided at the time of sale.
5.2 Except as expressly stated, Seller disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
6. Limitation of Liability
6.1 Seller shall not be liable for any indirect, incidental, or consequential damages.
6.2 In no event shall Seller's liability exceed the purchase price of the Goods in question.
7. Title and Risk of Loss
7.1 Title and risk of loss or damage to the Goods passes to Buyer upon delivery to the carrier.
8. Force Majeure
Seller shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, and supply chain disruptions.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law rules.
10. Dispute Resolution
Any disputes arising out of or related to these Terms shall be resolved through arbitration under the then current rules of the American Arbitration Association ("AAA") and the arbitration shall be exclusively held in New York, NY.
11. Amendments
Seller reserves the right to amend these Terms at any time. Updated Terms will be posted on the Seller’s website and apply to future orders.
12. Entire Agreement
These Terms, along with the order confirmation and any applicable invoice, constitute the entire agreement between the Buyer and Seller with respect to the sale of Goods.