1. ACCEPTANCE OF ORDERS
Orders are accepted via phone, fax, e-mail, or online shopping cart. Buyer confirmation is final and cannot be changed or cancelled.
2. PRICE AND AVAILABILITY
Prices and Availabilities are not guaranteed and are subject to change without notice. Facsco reserves the right to correct any and all errors, inaccuracies or omissions and to change or update information at any time without prior notice. Prices listed are net and do not include shipping charges, handling fees, taxes and/or duties or special crating requirements for export shipment. Customers who claim exemption from taxes or duties are responsible for providing Facsco with the necessary documentation at the time of purchase or taxes will be added to their order. Facsco strives to maintain prices at the lowest level. Occasionally, prices change without notice due to circumstances beyond our control.
Quotations are subject to Facsco’s inventory availability and are not guaranteed for any length of time. No verbal agreements recognized.
4. TERMS OF PAYMENT
Terms of payment shall be in accordance with Facsco’s invoice or applicable published sales confirmation agreement.
F.O.B. points, freight allowances and other transportation arrangements applicable to this sale shall be as set forth in Facsco’s published sales policy statements. Facsco will not consider claims for errors, damages or shortages in shipments unless notified in writing within seven (7) days of the date of shipment and accompanied by documents sufficient to substantiate the claim.
Shipping dates and times are approximate, not guaranteed. Facsco is not liable for delays in delivery or failure to manufacture or deliver due to causes beyond its reasonable control, including but not limited to acts of God, acts of Buyer, fires, strikes, flood, riot, war, delays in transportation, inability to obtain necessary labor, materials or components. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of such delay. If delivery becomes impossible, Facsco shall have the right to cancel the contract without further liability to Buyer. Cancellation of any part of this order shall not affect Facsco’s right to obtain payment for any product delivered hereunder. On any order for release against an order for goods, Facsco reserves the right to ship and invoice for a quantity on the individual release and the Buyer shall accept delivery and pay for such revised quantity and consider the shipment to be complete.
All product images including but not limited to those used in catalogs, websites, signs, displays, price lists and advertisements are for illustration purposes only. Actual product may vary.
Certain merchandise may be warranted by the manufacturer. Facsco does not adopt or ratify any manufacturer warranties, express or implied, and shall have no liability thereunder.
9. LIMITATION OF LIABILITY
Facsco’s liability of any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from this contract, or from the performance or breach thereof, or from the sale, delivery, resale or use of any product covered by or furnished under this contract, shall in no case exceed the price of the product or part thereof which gives rise to the claim.
IN NO EVENT SHALL FACSCO BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES IN THE NATURE OF PENALTIES. Facsco shall not be liable for delay or failure to perform due to causes beyond its control.
10. INDEMNIFICATION AND WAIVER
Buyer agrees to indemnify and hold harmless Facsco of and from any and all claims or liabilities asserted against Facsco in connection with the sale, delivery, resale or use of any product covered by or furnished under this contract arising in whole or in part out the failure of Buyer, its agents, employees or customers to follow instructions, warnings or recommendations furnished by Facsco in connection with such product, or by reason of the negligence of the Buyer, its agents, employees or customers. Buyer hereby waives and releases Facsco from all rights of contribution or indemnity to which it may otherwise be entitled.
Facsco requires the Buyer to provide a valid resale certificate prior to first order. If a Buyer cannot provide a valid resale certificate, liability for all taxes and import or export duties, imposed by any city, federal or other governmental levies, shall be assumed and paid by Buyer. Buyer further agrees to indemnify Facsco against any and all liabilities for such taxes or duties and legal fees or costs incurred by Facsco in connection therewith.
12. QUALITY CONTROL AND PRODUCT INSPECTION
Facsco shall make every effort to verify product prior to shipment, however Buyer shall inspect upon arrival, ITEM AND QUANTITY before using any portion of the order. The Buyer should reject merchandise upon delivery if any shortages, errors, or damage has occurred. Claims for the shortage, errors, damage must be made before the item is opened or used. Facsco is not responsible for Buyer errors in purchase or usage.
13. CUSTOM ORDERS
All custom orders are received subject to acceptance by the manufacturer and are not subject to change or cancellation. Prices quoted are based upon freight rates and fuel surcharges in effect at time of quotation and any advances will be for the account of the purchaser. All trade customs apply.
14. MINIMUM ORDER POLICY
All orders must meet a minimum of $100 otherwise an additional $25 surcharge will be added.
15. RETURN OF MERCHANDISE
No merchandise will be accepted for return and/or credit without prior consent of Facsco. All the following conditions must be met before any consideration will be given for a return and/or credit of the merchandise:
A.) Buyer must notify the Seller of the return in writing within 7 days of invoice and items must be returned within 30 days.
B.) All returned merchandise must be clearly labeled with an RMA number issued by Facsco.
C.) All Returned goods must be in original packaging and resaleable condition.
D.) All authorized returns are subject to a 15% restocking charge. Customers will be responsible for shipping and transportation costs for all returns.
16. GOVERNING LAW
This Agreement has been negotiated and executed in the State of California and shall in all respects be interpreted, enforced and governed in accordance with the laws of the State of California. Each party hereto agrees that any action to enforce this Agreement or any rights hereunder must be brought in a Court within the County of Los Angeles and no other Court.
17. ATTORNEYS’ FEES
Should suit be brought to enforce or interpret any part of this Agreement, the “prevailing party” shall be entitled to recover as an element of costs of suit and not as damages, reasonable attorneys’ fees to be fixed by the Court. The “prevailing party” shall be the party entitled to recover his costs of suit, regardless of whether such suit proceeds to final judgment. A party not entitled to recover his costs shall not be entitled to recover attorneys’ fees. No sum for attorneys’ fees shall be counted in calculating the amount of a judgment for the purposes of determining if a party is entitled to recover costs of attorneys’ fees.
18. ENTIRE AGREEMENT
This agreement constitutes the entire contract of sale and purchase of the products named herein. No modifications of this contract shall be binding upon Facsco unless in writing and signed by Facsco, and no modification shall be affected by Seller’s acknowledgement or acceptance of Buyer’s purchase order forms containing a different provision. Trade usage shall be neither applicable nor relevant to this agreement, nor be used in any manner whatsoever to explain, qualify, or supplement any of the provisions hereof.