Terms of Sale
THESE TERMS GOVERN ALL SALES OF GOODS TO CONSUMERS WHETHER MADE ELECTRONICALLY OR BY MAIL. ALL PRODUCT SALES MADE THROUGH THIS WEBSITE ARE SUBJECT TO THESE TERMS IN ADDITION TO THE WEBSITE TERMS OF USE POSTED ELSEWHERE ON THIS WEBSITE.
ORDERS
Purchase. You (you, the customer) are purchasing Goods or Services electronic order and payment to from SnapMark, Inc. (SnapMark, us, SnapMark) as the case may be.
Acceptance. An order from you will be considered accepted by us when we give acknowledgment of receipt of the order to you electronically or otherwise, or if no acknowledgment is given then when shipment is made to you.
Cancellation. An order that is accepted by us is subject to a 10% handling fee if you cancel it, plus shipping costs if already shipped.
PRICING
Pricing of Goods. Goods prices are as listed on this website at the time you order. Prices are stated in U.S. Dollars.
Shipping. Shipping and handling is in addition to the sales price, and will be added to the invoice, and will be in the amount as listed on the site at the time your order is placed. All shipments of goods are F.O.B. shipping point and liability for loss or damage in transit, or thereafter, passes to you upon our delivery of goods to a common carrier for shipment. Shipping dates are approximate.
Taxes. Prices do not include federal, state or local taxes applicable to the goods sold under this contract. If your state requires us to add them to your invoice we must do by law so. In any international sales, applicable import and export taxes and duties shall be for your account.
Title to goods. The SnapMark hereby reserves a purchase money security interest in the goods sold until payment has been made in full.
Acceptance of goods. The goods shall be deemed accepted by you if at the time of delivery you do not notify us in writing that the goods do not conform to the product description on your Purchase Order.
PAYMENT
Upon Order. Terms are payment at the time of placement of order. Payments that are not paid by the credit card issuer will have a one and one-half percent (1.5%) per month finance charge assessed against the unpaid balance from the original transaction until paid.
WARRANTY
Limited goods and Services Warranty. SnapMark warrants that the goods and Services are free from manufacturing defects in material and workmanship under normal use and service for a period of one year from the date of delivery to the original end user. Warranties do not extend beyond the original end user. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE LIMITED TO THE SAME PERIOD. Claimant must furnish proof of date of purchase. SnapMark will provide replacement goods or Services, or may opt to reimburse the purchase price if that is infeasible. SnapMark's sole liability with respect to any defect shall be for the replacement of the defective goods or Services. No one is authorized to make any other warranties on behalf of SnapMark, or modify this warranty, except in a separate written paper document under original signature of a corporate officer of SnapMark then-listed with the Florida Department of State (see www.sunbiz.org). SnapMark will not be liable for repairing damages or failures caused by acts of God, abuse, abnormal usage, use or application for which the goods and services are not intended. The foregoing shall constitute SnapMark's sole warranty and sole liability, and is in lieu of any other warranties whether written, oral, implied, or statutory. Some states and provinces do not allow the limitation of exclusion or limitation or incidental or consequential damages and some states do not allow limitations on how long an implied warranty lasts, so the limitations or exclusions may not apply. This warranty gives its beneficiaries specific legal rights, and beneficiaries may have other rights which vary from state to state and province and province. SNAPMARK WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE GOODS OR SERVICES OR OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF PROPERTY, REVENUES, LIFE OR LIMB, PERSONAL INJURY, AND CLAIMANT'S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING GOODS OR SERVICES.
GENERAL MATTERS
Website Terms of Use. The Website Terms of Use are incorporated herein.
Force Majeure. SnapMark is not liable for or in default of this contract by reason of any delay attributable to any cause, circumstance, or contingency beyond its control or the control of its suppliers or SnapMark's which prevents or impedes manufacture, supply, or delivery to you by SnapMark whether directly or indirectly. Such causes, circumstances, and contingencies shall include, but not be limited to: inability to obtain material, supplies or services in the normal course of business; accidents; fire; explosion; strikes, lockouts, or other labor problems; freight embargo; gas or petroleum product shortage or embargo; act of God or of the public enemy; war; riots; civil disturbance; act of any government, de jure or de facto, or agency or official thereof; material or labor shortage; transportation contingencies; unusually severe weather; default of any other SnapMark or a supplier or subcontractor; quarantine, restriction, epidemic; catastrophe; restraints affecting shipment or credit; non-arrival or delay of carriers; lack of timely instructions or essential information from you inadequate or reduced supply or excessive cost of suitable raw materials, transportation or production facilities; or otherwise arising out of causes beyond the reasonable control of the SnapMark. Nor shall the SnapMark at any time be liable for any incidental, special or consequential damages. Delays in delivery attendant to same shall not entitle you to terminate this contract, terminate or not honor any Purchase Order, or collect damages for same. In the event of such default or delay, the date for shipment shall be extended correspondingly. SnapMark may make delivery on an equitable basis with reference to all its yous. No orders may be canceled unless acceptable to SnapMark.
WAIVER OF RIGHT TO JURY TRIAL. YOU AND WE KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT THEY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE ISSUES RAISED BY ANY SUCH DISPUTE.
Governing Law and Venue. As per our Website Terms of Use.
