1. Delivery, Acceptance of Terms, Requests for Returns, Returns.
By accepting delivery from Supplies By Design, purchaser agrees to these Terms and Conditions. Failure to immediately request to return the merchandise described herein constitutes conclusive acceptance of the merchandise and of these Terms and Conditions. All returns must be authorized in advance and may be subject to a restocking charge.Supplies By Design’s invoice and packing slip constitute written confirmation of delivery; written reconfirmations of delivery are available at $30.00 per reconfirmation. Disputes as to actual delivery of merchandise must be submitted to Supplies By Design within 30 days of initial receipt of invoice or statement for such merchandise. Purchaser agrees that merchandise described in Supplies By Design’s invoice(s) or statements(s) shall be conclusively deemed delivered and accepted if Purchaser does not dispute delivery within this 30 day period.
2. Pricing and Charges For Goods, Taxes.
Supplies By Design reserves the right to change prices or modify any catalog or brochure at any time. State and local tax will be charged unless a sales tax exemption certification has been provided to Supplies By Design.
3. Terms of Payment. Payment, in U.S. Dollars, is due upon delivery.
Credit terms, if approved, are 30 days from date of invoice (unless otherwise agreed in writing by an authorized representative ofSupplies By Design). Supplies By Design reserves the right to apply payments received in Supplies By Design’s sole discretion.
4. Consequences of Failure to Comply with Payment Terms.
Purchaser agrees to return, upon demand by Supplies By Design, any merchandise for which payment has not been timely tendered. Purchaser agrees to reimburse Supplies By Design for the cost, including attorneys fees, documentation fees, or other charges, incurred to collect any amounts past due. In the event Supplies By Design submits collection of an unpaid account to a third-party collection firm, Purchaser agrees to pay Supplies By Design a documentation fee to reimburse Supplies By Design for (i) costs associated with requesting payment of the account, and (ii) costs associated with preparing such account for submission to collection specialists; the minimum amount of such documentation fee, per account to lesser of (i) 1.5% per month or (ii) the highest interest rate permitted by applicable law for any outstanding indebtedness to Supplies By Design (including expense of collection) which is not timely paid. Purchaser agrees that any credit on any account is subject to a credit maintenance fee of 0.0834 of the credit per month that such credit is unresolved.
5. Use of Products; Warranty and Liability Issues.
SUPPLIES BY DESIGN MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, OR THAT PRODUCTS WILL CONFORM TO ILLUSTRATIONS OR DESCRIPTIONS. ANY LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED.
Supplies By Design’s liability is limited to, and in any event will not exceed, the purchase price paid. Purchaser agrees to operate the products purchased in a safe manner, not remove or alter any safety features of the product and indemnify and hold Supplies By Design harmless from any claim or liability resulting from actions with respect to the product. Supplies By Design does not guarantee compliance with any state or local codes and regulations governing suitability of products, and is not responsible for how the products are installed or used.
6. Disputes, Delivery Deemed Conclusive, Governing Law, Jurisdiction.
In the event of any dispute, the books and records of Supplies By Design shall be conclusive as to the amount and price of goods, due date, delivery date, and term and conditions. By accepting deliver of any merchandise from Supplies By Design, Purchaser agrees that all matters related to any transaction(s) with Supplies By Design shall be governed and controlled by the internal laws of the State of Colorado, and Purchase also thereby consents and submits to the Jurisdiction.