These terms and provisions shall constitute the entire agreement (collectively, the “Agreement”) between the parties hereto: it is understood and agreed that there are no agreements, promises, representations or understanding other than those appearing herein; it is further agreed and understood that it constitutes the complete contract between the parties.
All prices are in USD. For any currencies, other than USD, the prices will be converted to the currency utilized at the average exchange rate for that currency.
Because we process orders very quickly, orders placed cannot be cancelled, without our consent in writing, nor can deferred deliveries of goods made up or in process be extended beyond the original delivery date specified, except with our consent and upon terms which will indemnify us against all loss.
CheapWristbands.com warrants that the goods sold are of merchantable quality at the time they are delivered, and are manufactured in conformance with the buyer’s specifications, drawings or other description and that CheapWristbands.com conveys good and marketable title to them, subject to CheapWristbands.com security interest. Except as expressly provided in this agreement, CheapWristbands.com excludes all express or implied warranties, conditions and obligations of CheapWristbands.com, whether statutory, oral or otherwise, concerning the quality of the goods or their fitness for any use or purpose. CheapWristbands.com specifically, but not by way of limitation, does not warrant the accuracy or sufficiency of any advice or recommendations given to the buyer in connection with the sale of goods. CheapWristbands.com assumes no risk nor will it be liable for any damages whatsoever resulting from the application or as a result of the use of the merchandise included herein.
Limitation of Liability Regarding Defective Goods
CheapWristbands.com shall not under any circumstances be liable for any prospective profit or for any special, indirect, consequential, punitive or exemplary damages, such as, but not limited to injuries to persons, damage or loss of other property or equipment, loss of profit or revenue, cost of capital, cost of purchased or replacement goods, or claims for service interruption. CheapWristbands.com, at its sole option, shall either (i) replace or repair any defective goods; (ii) refund the purchase price upon return of defective goods, or (iii) provide a credit equal to the value of any returned defective goods. This shall be the buyer’s exclusive remedy. The buyer shall not return any goods until CheapWristbands.com has had reasonable opportunity to investigate the claim.
Return of Goods
No goods may be returned to CheapWristbands.com without written authorization from CheapWristbands.com. Acceptance of returns shall be at the complete discretion of CheapWristbands.com. Returned goods are subject to a minimum service charge of 30% of the invoice price. Transportation charges are borne by the buyer on all returned goods, unless CheapWristbands.com agrees otherwise. Where written authorization is provided by CheapWristbands.com for the return of goods, the buyer shall be entitled to a credit equal to the purchase price of goods returned. The buyer shall under no circumstances be entitled to a cash refund of the purchase price. Customer assumes sole responsibility for accuracy and use of artwork and indemnifies CheapWristbands.com in the event of any claims for copyright infringement by signing/approving an artwork customer certifies that they are legally authorized to use such logo, trade names, trademarks, etc.
Any dates quoted for delivery of the goods are approximate only and CheapWristbands.com shall not be liable for any delay in delivery of the goods howsoever caused.
The buyer agrees to inspect thoroughly all material furnished within 10 days from receipt of shipment, and test the material by actual use within this period. Failure to make such inspection and test shall be conclusive evidence of due fulfillment of the agreement on the part of CheapWristbands.com, and full acceptance of the product by the customer.
If any material furnished by CheapWristbands.com proves defective or not as ordered, we must be notified of such fact within 10 days from the receipt of shipment by the buyer. No claims for defective material or products will be allowed unless such claims are made within 10 days from the receipt of shipment by the buyer. In the event of such notice within 10 days from the receipt of shipment, CheapWristbands.com shall have the option of inspecting the goods on the buyer’s premises or of taking back the goods at the buyer’s expense to determine whether or not such goods are defective. CheapWristbands.com shall have the further option in the purchase price thereof. Under no circumstances will we allow or be liable for damages or any claims for expenses involved in using our product. Claims for shortage must be made within 10 days from receipt of goods and in every case the weight found in the shipment must be given and also the methods used arriving at a count of the parts. CheapWristbands.com cannot ever guarantee exact color matches or precise quality. No claims for rebates, discounts or the like will be entertained by CheapWristbands.com in the event of slight color and quality variances. We do our utmost to use standardized pantone® colors-codes. For large special orders over 1 million, we could use the buyer’s specific pantone® colors. The nature of the base material and printing process causes some variances even within a production run. However, our colors and quality will closely match samples as per sample package contents. By placing an order with us the buyer is accepting these conditions of sale. If there is a dispute and the buyer wants product replaced, the buyer agrees to pay CheapWristbands.com 50% and shipping charges back to CheapWristbands.com , before we can re-do this order, or portion of it.
Risk of Loss and Security Interest
Risk of damage to or loss of the goods shall pass to the buyer upon tender of goods for delivery at the f.o.p. point. Notwithstanding delivery and the passing of risk in the goods, the property in the goods shall not pass to the buyer until CheapWristbands.com has received payment in full. Until such time as the property in the goods passes to the buyer. CheapWristbands.com shall be entitled at any time to require the buyer to deliver up the goods to CheapWristbands.com or to enter on the premises of the buyer or its agents where the goods are stored and repossess the goods.
All taxes or charges of any nature whatsoever, now or hereafter levied, by any Government of Local Subdivision, either directly or indirectly, upon any products or sale thereof, described herein or upon the subject matter hereof, shall be paid by the buyer, or added to the purchase price if paid by the seller.
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