Conditions of Use

ExpressyourselfTX.MODIFICATIONS To maintain our 24-48 hr lead time, Cancellations must be made by the close of the business day the order is placed. A 15% cancellation fee may be assessed to the invoice.  If buyer wishes to cancel order once shipped they may only do so by refusing shipment from carrier. A 15% restocking fee will be assessed to the invoice in addition to any freight charges incurred. If package is not refused and is accepted by Buyer they are bound to the No Return policy outlined herein.  DELIVERY OR PERFORMANCE Unless otherwise specified on the face hereof, all deliveries are F.O.B. point of shipment. Shipment will be made in accordance with instructions issued by Seller. Upon delivery of goods to carrier, Buyer assumes risk of all loss and damage resulting from any cause whatsoever. Shipping, delivery or performance dates are approximate and are not guaranteed. FORCE MAJEURE Seller shall not be liable for any delay or other failure of performance  due to causes beyond its reasonable control , including without limitation acts of God, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, terrorism, riot, delays in transportation, or inability to obtain necessary labor, materials, components, equipment, services, energy or utilities through Sellers usual and regular sources at usual and regular prices. In any such event, Seller may, with notice to Buyer, at any time and from time to time without further liability to Buyer (a) postpone its performance under this contract, (b) make partial performance or cancel all or any portion of this contract, or (c) allocate available quantities among its customers in any manner which Seller deems reasonable. Cancellation of any part of this contract shall not affect Sellers right to payment for performance of any other part hereof.  LIMITED WARRANTY Seller warrants that the product (s) you have purchased will be from defects in workmanship and materials for 7 days after the date of delivery of any such product to you, provided such product (s) is/are used by you under normal conditions for intended purpose (s). Any product or part thereof which is determined by Seller upon physical inspection (see Disposition of Claims (below) for additional information) to be defective in materials or workmanship will be, at Sellers sole option (a) repaired or replaced or (b) refund the sales price received by Seller for such materials.  WARRANTY DISCLAIMER No warranty or affirmation of fact, express or implied , other than as set forth in the limited warranty statement above is made or authorized by Seller. To the extent that any implied warranties may, be operation of law, arise or survive this disclaimer, such warranties shall have a term which shall not exceed 7 days after the date of delivery of such product. Seller disclaims any liability for product defect claims that are due to product misuse, improper product selection or misapplication, or failure to follow instructions. Any product descriptions found on our website, catalog or other literature does not express or imply a warranty that such products are merchantable or fit for a particular product.  LIMITATIONS OF DAMAGES   (A) In no event shall Seller be liable for incidental, consequential or special damages arising out of or relating to the transaction herein.(B) In no event shall the aggregate liabilities of Seller to Buyer arising out of or relating to the transaction herein exceed the purchase price paid by Buyer to Seller hereunder of the materials in respect of which such claim is made. NO RETURNS   Except as expressly set forth in Disposition of Claims below, there shall be no returns of any products, or refunds of the purchase price and associated fees and costs thereof. NO UNAUTHORIZED RETURNS PERMITTED. DISPOSITION OF CLAIMS Seller will make a good faith effort for prompt disposition with respect to any claim regarding any product which proves to be defective.  Before returning any purportedly defective product, Buyer must submit to Seller the products purchase date, original invoice number, a description of any purported defect (s), and obtain return authorization from Seller. (A) All claims for defects hereunder must be presented to Seller within 7 days after delivery to Buyer. Failure of Buyer to give such notice shall constitute a waiver by Buyer of all claims in respect thereto. Seller shall have an opportunity of verifying any such defect before materials are used by Buyer. Buyer shall return the defective or nonconforming materials to Seller strictly in accordance with Sellers instructions concerning shipping, handling, insurance and other matters as to which Seller issues instructions. Failure to comply with these provisions shall invalidate any claim by Buyer for defects in materials by Buyer  (B) In no event shall Seller be liable for 1) Materials damaged in shipment or otherwise without fault of Seller. 2) Defects in materials due to negligence (other than that of Seller), accident, abuse, improper care or storage. 3 ) Damage to materials which have been tampered with or altered in any way other than by Seller. 4) Expenses incurred by Buyer in attempting to correct any defects in materials without Sellers prior written consent.  PRODUCT SUITABILITY States and localities may have codes and regulations governing the sales, construction, installation, and/or use of products for certain purposes, and such codes and regulations may vary from those in other states in localities. Seller cannot guarantee compliance with such codes and regulations, and further cannot be responsible for purchasers product installation or use. Before purchasing a product &/or using a product, it is Buyers duty to review any product instructions and federal, state and local codes and regulations, and ensure that the product and its installation and use will comply with such codes and regulations. Buyer will not order or use any goods or services unless it is satisfied that the goods and services are suitable for Buyers use. Buyer agrees to store and use all goods and services in a safe manner. LIMITATION OF ACTION Any action for loss or damage with respect to goods or services which are the subject of this contract must be commenced by Buyer within 180 days from the date of delivery of goods or services or such claim shall be forever barred. INDEMIFICATION Buyer assumes all risk and liability for loss, damages or injury to persons or to the property of the Buyer arising out of the use presence of materials purchased hereunder. Buyer agrees to indemnify and hold harmless Seller against Seller against any liability, damages, losses, costs, and expenses in connection with any suit or claim, including but not limited to any loss of use, loss of profits, damage or injuries to person or property arising out of or relating to any use of materials purchased by Buyer herein, whether such claims is made by Buyer, Buyers customers or other third parties. CANCELLATION Seller may cancel this agreement as well as any or all other outstanding transactions between Seller and Buyer at any time in the event that Buyer shall fail to perform or observe any term or condition hereof by giving Buyer ten days written notice of cancellation.  Cancellation hereunder shall not prevent Seller from pursuing any other remedy available to Seller by law or from seeking all such damages to which Seller may be entitled. ADVICE & ASSISTANCE Upon request, Seller in its discretion may furnish as an accommodation to Buyer technical advice or assistance regarding the goods or services. Seller assumes no obligation or liability for the advice or assistance given or the results obtained, which shall be at Buyer’s sole risk.  MISCELLANEOUS This contract constitutes the entire agreement between Buyer and Seller relating to the goods or services which are the subject hereof. No modifications shall be binding upon the Seller unless in writing signed by Seller’s duly authorized representative. If any term or provision of this contract shall to any extent be invalid or unenforceable, the remainder of the contract shall not be affected, thereby, and each term and provision of this contract shall continue to be valid and enforced to the fullest extent of the law.  No waiver by either party of default shall be deemed a waiver of any subsequent default. The captions herein shall have no substantive significance. Buyer shall not assign or transfer this Agreement  or the benefits thereof without the prior written consent of Seller.  CHOICE OF LAW AND JURISDICTION These Terms and Conditions shall be construed in accordance with the laws of the State of Texas, without regard to principles governing conflicts of laws. Buyer and Seller shall consent to the jurisdiction and venue of the federal and state courts situated in or having their suits over Plano, Texas. ATTORNEYS FEES If Seller pursues any legal action to enforce any of its rights, Seller shall be entitled to recover from Buyer all reasonable attorney’s fees, any arbitrations costs and all other costs and expenses incurred by Seller in connection with such action.  No Minimum order. Texas customers must present certificate of Texas Sales and Use Tax exemption to avoid Texas State Sales Tax.   OTHER TERMS AND CONDITIONS MAY APPLY. 
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