Terms and Conditions of Sale
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR (THE “CUSTOMER’S”) RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
The following terms and conditions shall apply to all orders by Customer through this web site for the purchase of all products (“Products”) from Promos4sale.com LLC. By accepting delivery of the Products, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions shall apply unless Customer and Promos4sale.com LLC have signed a separate Agreement covering the purchase of the Products in which case the separate agreement shall govern.
Upon Promos4sale.com LLC’s acceptance of a Customer’s order, a firm contract for the purchase and sale of the Products will be formed between Promos4sale.com LLC and Customer, and shall incorporate all the terms set forth herein. These terms and conditions shall not be altered or amended by the use of any document(s). Any attempt to alter this document or to enter an order for Products which are subject to additional and/or altered terms and conditions will become null and void, unless otherwise agreed to in a written agreement signed by both parties.
With respect to pricing, Promos4sale.com LLC’s cost of goods is calculated without deduction or otherwise giving effect to program, purchase incentives, rebates and other benefits potentially provided to Promos4sale.com LLC, and may include an additional allocation for certain costs and expenses incurred by Promos4sale.com LLC in connection with such products. Promos4sale.com LLC reserves the right to impose margin-based pricing to ensure minimum profitability thresholds. Promos4sale.com LLC updates pricing and product and service assortments on a regular basis as a result of variety of factors, including, but not limited to, market and competitive forces, and reserves the right to change Customer’s pricing and product assortment at any time without notice. Promos4sale.com LLC also reserves the right to substitute private-brand or other equivalent products as part of Your order. Manufacturer list prices are set by the manufacturer and are provided by either wholesale distributors or the manufacturer directly, as applicable. Promotion pricing, including, but not limited to, Instant Savings, Coupon Savings, Mail-in Savings, and Bundled Savings, that is applicable on www.promos4sale.com is not available for orders placed on this site.
Promos4sale.com LLC will deliver all Products to Customer’s locations within the continental United States All orders shall be FOB point of origin, with freight prepaid and billed to Customer.
Promos4sale.com LLC warrants that it is legally licensed and/or authorized to sell and/or distribute Products being purchased hereunder. All Products delivered hereunder will be free and clear of any and all encumbrances of any kind. Customers acknowledge that Promos4sale.com LLC is not the manufacturer of any of the Products purchased hereunder. Other than the warranties set forth above, any warranty with respect to the Products must come from the manufacturer. Promos4sale.com LLC will pass through to Customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, Promos4sale.com LLC’s liability is limited to the replacement value of the Products. THIS
WARRANTY SUPERSEDES ALL INCONSISTENT PROVISIONS OF ANY AND ALL PURCHASE ORDERS, INVOICES, ACKNOWLEDGMENTS, OR OTHER WRITINGS OR STATEMENTS, WRITTEN OR OTHERWISE. Promos4sale.com LLC DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND PRODUCT LIABILITY, SPECIFICALLY INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
5. LIMITATION OF LIABILITY.
Notwithstanding anything to the contrary, in no event will Promos4sale.com LLC be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of data or its use, loss of profits, loss of business, or other economic damages, even if advised of the possibility of such loss or damage.
All Customized orders are final and cannot be restocked. The industry standards for customized products dictates a no return and a no refund policy.
Customer shall be responsible for any state or local tax (excluding taxes based on Promos4sale.com LLC’s income or profits) that results from the transfer of title or sale or delivery of the Products purchased hereunder unless a valid and correct tax exemption certificate is furnished to Promos4sale.com LLC prior to delivery.
Payment is due and payable net 10 days from the date of invoice. Late payments shall be assessed a late payment charge at the rate of 1½% per month, but in no event to exceed the maximum allowable by law.
9. CREDIT LIMITS.
Credit limits and terms shall be subject at all times to Promos4sale.com LLC’s credit policies, as amended from time to time.
10. RESERVATION OF RIGHTS.
Promos4sale.com LLC reserves the right to change at any time without notice these terms and conditions of sale.
11. NOT FOR RESALE.
Customer agrees and represents that it is buying for its own internal use only, and not for resale.
Promos4sale.com LLC reserves the right to modify or add to these terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on this web site so that they are accessible via a link on the home page of the web site, and that your use of the web site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the web site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the web site from that point forward.
These terms shall be governed by and construed in accordance with the laws of the state of Florida, without giving effect to any principles of conflicts of laws and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.
Any failure of Promos4sale.com LLC to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. No waiver by Promos4sale.com LLC of any provision of these terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Promos4sale.com LLC. If any provision of these terms is held to be illegal, invalid, or unenforceable, then the provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. The section titles in these terms are inserted only as a matter of convenience and have no legal or contractual effect. Customer agrees that these terms will not be construed against Promos4sale.com LLC by virtue of having drafted them. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms. Except as otherwise expressly provided in these terms, there will be no third-party beneficiaries to these terms.
Revised May 2015.