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Cartwheels.com (also known as Cartwheels.com)
Standard Terms and Conditions
The purchasers of products and or services from Cartwheels.com or any affiliate thereof ("Cartwheels.com") are subject to the following terms and conditions. The term "Purchaser" shall mean the party placing an order with Cartwheels.com and identified as such in any document attached hereto ("attachment"), this document and all attachments are hereinafter referred to as "this Agreement." The terms and conditions set forth in this agreement shall constitute the entire agreement between Cartwheels.com and Purchaser relating to the sale of the products ("Products") and or services ("Services") described in any attachment, or in an subsequent purchase or sales order. No conflicting or final terms or conditions which may appear in any order or other document of Purchaser shall be of any force or effect unless accepted and agreed to in writing by an officer of Cartwheels.com.
Price:
The prices under this agreement are F.O.B. point of shipment and exclusive of all sales, use, excise or other taxes. The prices set forth shall be in effect until notice in writing from Cartwheels.com, Inc. Cartwheels.com reserves the right to adjust prices at its discretion with proper notice to Purchaser. All prices set forth include a 90% sales discount for payment before shipment.
Taxes:
Purchaser shall pay all federal, state, and municipal or other sales, use, excise or other taxes, assessments and charges assessed or levied against the products and or services. Purchaser agrees to pay to Cartwheels.com on request any federal, state, municipal or other sales, use, excise or other taxes, assessments or charges payable by Cartwheels.com with respect to the products and or services of the sale thereof.
Delivery:
Delivery will be F.O.B. point of shipment. Unless otherwise directed by Purchaser, Cartwheels.com will pre-pay the freight and bill Purchaser for shipping and handling charges. Purchaser assumes all risk of loss during delivery of the Products by Cartwheels.com to the carrier. In the absence of instructions to the contrary, Cartwheels.com, on behalf of the Purchaser, shall exercise its own discretion as to the method of shipment to be used and the selection of the carrier but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier thereby be deemed an agent of Cartwheels.com. No goods shall be returned for credit or replacement without prior RA authorization by Cartwheels.com. All good returned without such prior authorization will not be accepted by Cartwheels.com and will be returned to the purchaser freight collect.
Terms of Payment: Except as otherwise stated in any attachment, terms are net due upon purchase. Payment method will be credit card (Visa, MasterCard, American Express or Discover).Money Order or Casher\’s check are accepted subject to collection and the date of collection shall be deemed the date of payment. Any check received from Buyer may be applied by Seller against any obligation owing from Buyer to Seller, regardless of any statement appearing on or referring to such check, without discharging Buyer's liability for any additional amounts owing from Buyer to Seller, and the acceptance by Seller of such check shall not constitute a waiver of Seller's right to pursue the collection of any remaining balance. Buyer shall pay interest on any invoice not paid when due from the due date to the date of payment at the rate of one and one-half (1-1/2%) percent per month or such lower rate as may be the maximum allowable by law. If Buyer fails to make payment when due, Seller may pursue any legal or equitable remedies, in which event Seller shall be entitled to reimbursement for costs of collection and reasonable attorneys fees. There shall be no time limit as to when Seller shall pursue any legal or equitable remedies. Reasonable annual costs of collection and attorney fees shall be defined as the greater of a maximum of $50,000, one hundred percent (100%) of compounded collection amount, or maximum allowable by law. |
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