A reference to the “Supplier” means Red VikingGroup Inc. Pleaseread these Termsand Conditions (the “Terms”)carefully. By completing your order with Supplier, you accept and agree tothese Terms of which are incorporated therein.
1. PRICE AND PAYMENT. Delivery charges are payable by the Customer and are in addition to prices listed for goods. Prices listed are subject to change without notice. Payment made via credit card may be subject to 3% service fee. Payment is due prior to shipment of goods.
2. NO TELEPHONE ORDERS: : All orders must be placed in writing. Any telephone conversations regarding the purchase of goods are non-binding andCustomer shall not rely on the same as any orders are final only if agreed to in writing.
3. SPECIAL ORDERS. Special orders require a 50% deposit due at the time of the written order for goods outsideSupplier’s normal product line, or for goods specifically modified to the Customer’s requirements. The balance must be paid before the order will be released for shipment. NOTE: No return of specially ordered goods or cancellation of an order will be accepted once the order has commenced.
4. DELIVERY AND ACCESS TO SITE.Deliveries will be made during normal business hours.If Customer (or an agent for Customer) is not on site to accept delivery, then the delivery driver’s signature denoting the time, date, and place of delivery shall be deemed to be acceptance of the delivery by the Customer. The Customer is responsible for ensuring suitable access to the delivery site.The delivery date provided at the time of order or on any order form is an estimate and is subject to delay for any cause beyond Supplier’s control. Delay in delivery does not constitute a breach of these Terms, nor shall any such delay affect any other provisions of these Terms.
5. INDEMNIFICATION. The Customer agrees to indemnify, defend and holdSupplier, its owners, officers, directors, employees, contractors, agents and/or assigns harmless against any loss, damage, or legal action expenses, and attorneys’ fees and costs related to Customer:(a) failing to provide suitable access to the delivery site in compliance with Section 5; (b) personal injury, death or property damage caused in whole or in part by Customer and/or its employees and/or other agents; (c) any loss arising out of or occurring in connection with the negligence or willful misconduct of Customer and/or its employees and/or other agents; (d) Customer, its employees and/or other agents’ violation of applicable law; and/or (e) Customer’s breach of any of its representations, warranties or covenants of the Terms or otherwise.
6. LIMITED WARRANTY.All goods include only such warranty as provided at www.eventbox.com/warranty. The Supplier also warrants its product for use in the United States only. This warranty excludes those components supplied by other manufacturers, damage caused by neglect or misuse, labor costs associated with installation or removal of defective products, and corrosion caused by chemicals (e.g., brick cleaning acids). Customer must pay return shipping costs for goods returned under warranty. NOTE: No warranty issues will be addressed if Customer is in default of these Terms.
7. INSPECTION AND CLAIMS. Customer must carefully inspect the goods immediately upon delivery. Customer acknowledges that it has the responsibility to independently evaluate the goods and to verify that the goods ordered are appropriate for their proposed use by Customer. Any issues related to the goods must be provided to Supplier in by phone to 866-983-6829 and in writing to CustomerService@xventbox.com within 72 HOURS of receipt. If untimely notice is provided, Supplier shall have absolute discretion and its decision final and binding on the Customer. All goods returned must be in their original condition and in secure packaging. Goods will only be accepted if the shipping is prepaid by the Customer.
8. RETURN OF, OR CANCELLATION OF GOODS ORDERED. Supplier has sole discretion whether to accept returned goods and, if so, Supplier may impose a 15% handling and restocking fee on any accepted returns.
9. LIMITATION OF LIABILITY. The Supplier shall not be liable for any amount greater than the price Customer paid for the goods at issue. Without limiting anything herein, Suppliers hall not be liable for any claims, loss, or expense, however arising, or in any way whatsoever for any contingent, consequential, indirect, special, or punitive damages arising in relation there to, and the Customer acknowledges this express limit on liability and agrees to limit any claim accordingly. Further, without limitation, the Suppliers hall not be responsible directly or indirectly for any consequence or loss related to failure to properly maintain the goods, failure to properly use or operate the goods by the Customer, or to any third party, or from any failure of the goods whether defective or not.
10. NO INSURANCE. NO INSURANCE IS TO BE PROVIDED BY THE SUPPLIER. The Customer acknowledges that any insurance for the goods is the sole responsibility of the Customer.
11. JURISDICTION. The Customer acknowledges that the laws of the State of North Carolina shall govern these Terms, and the Customer hereby agrees to submit to the exclusive jurisdiction of the state and federal courts located in North Carolina.
12. AMENDMENT. The Supplier reserves the right to amend these Terms. The current version of the Terms may be accessed at https://www.xventbox.com/terms. If any future contract between theSupplier and the Customer is inconsistent with these terms, then these terms will apply unless any subsequent written contract refers to and specifically alters these Terms.
13. COLLECTIONS COSTS AND INTEREST. If Supplier incurs any costs including, without limitation, collection agency fees or compensation, attorneys’ fees or any other costs, you agree to be responsible and liable for the same. Any such debt shall also incur interest at the highest rate permitted under applicable law from the date of default until the debt and any such expenses and accrued interest is repaid in full.
COMMER CREDIT ONLY
In addition to the Terms, which apply to all orders, the following additional Credit Terms shall also apply to commercial credit arrangements and are incorporated into the Terms and binding.:
1. NET-30 PAYMENT: The initial order upon opening a commercial credit account must be prepaid, with all subsequent orders to be due 30 days from date of invoice, unless other payment terms have been arranged and approved in writing. Where a settlement discount applies, no settlement discount will be approved unless all account money(ies) is/are paid in compliance with these terms.
2. ACCOUNT KEEPING FEE: Without limiting anything herein, the Customer agrees and acknowledges that at the absolute discretion of the Supplier, an account keeping fee of 1.5% per month will be levied on any or all amounts in default of these Terms.
3. RETENTION OF TITLE: Until ALL INVOICES are paid in full, and ALL MONIES in receipt are cleared, ownership of the goods remains with the Supplier and Supplier shall have a security interest in the same, but any loss is solely the Customer’s upon delivery. Delivery shall occur when the Supplier or its agent delivers and Customer or its agent(s) takes delivery of the goods. Until the Supplier is paid in full, Customer to the Supplier shall have a fiduciary relationship. The Customer shall store the goods separately from its own goods until all monies due and owing to Supplier are paid in full. Without limiting anything herein, should Customer sell the goods to a third party before full payment to Supplier, then the Customer hereby assigns to the Supplier any such payment from the third party and are not to be commingled and placed in a separate trust account until payment in full is made to the Supplier for the goods. In the event the Customer is in default of the Terms, then the Customer without reservation grants right of entry to any or all properties under the Customer’s control where the goods are reasonably expected to be stored. Without limiting anything herein, the Customer indemnifies and hold harmless the Supplier or its agents in relation to loss or damage because of the retaking of possession of the goods. Further, in the event the Supplier exercises its right to retake possession of the goods, the Customer grants power of sale to the Supplier to resell
4. CUSTOMER INFORMATION. The Customer agrees to provide financial and other information as is reasonably required by the Supplier from time to time for the assessment of current and future credit limits. The Supplier and the Customer further agree that such information shall be treated as confidential and will not be disclosed to any third party(ies) without the express written permission of the Customer. If any of the information supplied by the Customer in any credit application or in Customer’s business materially changes, Customer shall promptly notify the Supplier in writing and at Supplier’s sole discretion it may require a new credit application. However, this shall in no way affect those people(s) who signed as guarantor(s) or otherwise for goods provided to the Customer.
5. WITHDRAWAL OF CREDIT. The Supplier may withdraw credit at any time at its sole discretion and without notice. Without limiting the Supplier’s rights to withdraw credit, the Supplier reserves the right to stop the supply of the goods and place the account on hold until any default is cured to the satisfaction of the Supplier.
6. MISCELLANEOUS. These terms apply to all transactions in which the commercial Customer is supplied goods on credit. The Supplier reserves the right to amend these Terms and will provide any such amendment to Customer. The Customer further acknowledges that such writing will be by ordinary mail to the address on file with Supplier, unless the Customer provides Supplier a new address, and this new address is acknowledged by return in writing by the Supplier. The Customer further acknowledges that such writing will be by ordinary mail to the address on file with Supplier, unless the Customer provides Supplier a new address, and this new address is acknowledged by return in writing by the Supplier.
THE INFORMATION HEREIN IS FOR CUSTOMER USE ONLY.