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Terms And Conditions PLEASE READ THIS DOCUMENT CAREFULLY ! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. This Agreement contains the terms and conditions that apply to your purchase from the entity name on the invoice (MosaicsEtc) and that will be provided to you ("Customer") on orders for products. By ordering products described from MosaicsEtc., Customer agrees to be bound by and accepts the terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH MOSAICSETC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN. OR (ii) UNLESS OTHER MOSAICSETC., STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in MosaicsEtc's sole discretion. 1. Other Documents. These terms and conditions may not be altered, supplemented or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in written agreement signed by both Customer and MosaicsEtc. 2. Payment Terms; Orders; Quotes; Interest. Terms of payment are within MosaicsEtc's sole discretion, and unless otherwise agreed to by MosaicsEtc. A deposit not less then 50% (fifty percent) of the quote must be received by MosaicsEtc prior to its acceptance of an order. Payment(s) for the product(s) will be made by wire transfer, certified (bank) check, Company check (State of Florida only) or other prearranged method unless credit terms have been agreed to by MosaicsEtc. Sorry, NO COD's, unless expressly accepted by MosaicsEtc and at an added charge of 6% (six percent) of invoice total. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. MosaicsEtc may invoice parts of an order separately. Orders are not binding upon MosaicsEtc until accepted by MosaicsEtc. Any quotation given by MosaicsEtc will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Customer agrees to pay Non-sufficient check charges of $25.00 per check and 5% (five percent) of the check. Customer agrees to pay costs of collection, if any. 3. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on MosaicsEtc's invoice(s). Unless Customer provides MosaicsEtc with a valid and correct tax exemption certificate applicable to the product ship-to location prior MosaicsEtc's acceptance of the order, the Customer is responsible for sales and other taxes associated with the order, however designated, expect for taxes on MosaicsEtc's net income. If applicable, a separate charge for taxes will be shown on MosaicsEtc's invoice. 4. Title; Risk of loss. Title to products passes from MosaicsEtc to Customer on shipment from MosaicsEtc's facility. Customer is responsible for selecting shipping carrier from MosaicsEtc's warehouse to selected destination. Loss or damage that occurs during the shipping is Customer's responsibility, not limited to, but including loss, damage or unexpected delays. 5. Warranties, Disclaimers. Refund of price paid or replacement of product is our exclusive remedy. MOSAICSETC SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THESE PRODUCTS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, MOSAICSETC DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANDABILTY OR FITNESS FOR A PARTICULAR PURPOSE OF THESE PRODUCTS OR ANY PART THEREOF. In addition of these Terms and Conditions, Customer agrees to be bound by the acceptance of contract terms contained elsewhere in this web site. 6. Return Policies; End User Customers Only. MosaicsEtc's products that are purchased directly from MosaicsEtc by a end-user Customer may be returned by Customer in accordance with MosaicsEtc's guarantee in effect and posted on MosaicsEtc's web-site on the date of invoice. No return will be accepted after 15 (fifteen) days of date of reception by the end-user Customer. Orders refused by the Customer and returned to MosaicsEtc in good, resalable condition are eligible for refund, less shipping costs and a 20% (twenty percent) restocking fee. 7. Products. MosaicsEtc's policy is one of on-going product update and revision. MosaicsEtc may revise and discontinue products at any time. Due to the electronical implication of this web-site as well as the photographical aspect of MosaicsEtc's catalogue, MosaicsEtc cannot guarantee and will not be liable for the light differences in colors between the pictures shown on this web-site, MosaicsEtc's catalogue and actual colors on the final mosaic or product purchased from MosaicsEtc. 8. Limitation of Liability. MOSAICSETC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. MOSAICSETC WILL NOT BE LIABLE FOR LOST PROFITS LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. 9. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various States and of the United States. End user Customer agrees and represents that he is buying for his own use only and not resale. MosaicsEtc has different terms and conditions governing resales. 10. Headings. The sections headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no condition or interference shall be derived there from. 11. Acceptance. By ordering any product from MosaicsEtc, whether by clicking through over the internet, telephone, facsimile or otherwise, the Customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in MosaicsEtc's web site. 12. International Orders. It is the responsibility of our foreign Customers to be sure that they are allowed to import mosaics or other products part of MosaicsEtc's catalogue from the U.S.. Overseas Customer should contact MosaicsEtc's to discuss about many different shipping options. - It is the Customers responsibility to find out about his Country's Custom regulations relating to the products he wishes to import. The Customer is responsible for his own country's Custom fees, duties and/or taxes, if any, which are usually collected when the order is delivered. Customer assumes the risk for any product(s) confiscated or opened by Customs. MosaicsEtc is not responsible for any produt(s) returned to it by Customs Officials or any Law enforcement Authority. In addition MosaicsEtc will not refund the price of the product(s) returned. Any additional charge(s), including but not limited to, freight price, quarantine and warehousing fees that are assessed by Customs or Legal Authority will be charged to the Customer. - We do list Customer experiences with Customs and duty taxes for your convenience, as well as any regulations which MosaicsEtc is aware of. But this may change over time or vary by product or Custom Inspector. 13. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against MosaicsEtc, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "MosaicsEtc" arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), MosaicsEtc's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administrated by the National Arbitration Forum (NAF) under its Code and Procedure then in effect (available via the internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be conducted before a single Arbitrator, and will be limited solely to the dispute or controversy between Customer and MosaicsEtc. The arbitration shall be held in Miami, Florida at the office of MosaicsEtc, by telephone or online. Any award of the Arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any Court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405. 14. Governing Law. THIS AGREEMENT AND ANY SALES THERE ABOVE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
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