The following Terms and Conditions apply to all sales agreements for goods ordered from Exhibits Etc. Incorporated, a Florida corporation (dba“Nimlok South Florida”). 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:
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.
We require prepayment on all orders. 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 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 -Electronic proof is approved online. 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 beapproved online to begin production.
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.
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.
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.
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.
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.