TERMS OF SALE
Terms and Conditions of Sale
All sales are subject to the following terms and conditions:
1. Customer Acknowledgment
(a) Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase a product from Media Mail Solutions.
2. Purchase Price
(a) Quantities produced may be 20% higher or lower than the quantity ordered when ordering 5,000 pieces or less, and 10% higher or lower when ordering over 5,000 pieces on all orders of non-generics. Customer will be invoiced for actual quantity shipped.
(b) Prices listed in Media Mail Solutions literature and on its Web site are subject to change without notice.
(c) Unless specifically noted in writing all prices are exclusive of any applicable tax (including sales, import, export or goods and services tax), which the buyer is additionally liable to pay Media Mail Solutions.
(d) A 50% Deposit of the sales price is due at the time an order is placed unless other payment terms have been agreed to in advance with Media Mail Solutions' Credit Department. In such case payment terms shall be those set forth in the credit agreement.
(e) Final payment is due at the time of shipment, unless credit terms have been arranged in advance with Media Mail Solutions’ Credit Department. In such case payment terms shall be those set forth in the credit agreement.
(f) Interest may be charged from the due date for payment at a rate of two percent per month on any portion of the account which becomes overdue.
(g) Unless other arrangements have been made in advance as provided in 2(b) or 2(c), payment will be by wire transfer at the time of shipment.
(h) Payment may be made by ACH transaction. Call (775) 336-6525 to arrange for this type of payment.
(i) Media Mail Solutions collects sales and use taxes for sales made to residents of the State of CO .
3. Shipping Terms
(a) Shipping terms are F.O.B. production facility. Media Mail Solutions will arrange payment for shipping with the carrier, but such costs are the responsibility of the customer. Media Mail Solutions shall not be liable for handling or customs charges for shipments outside the United States. Risk of loss is upon customer once Media Mail Solutions delivers the product to the carrier. Delivery times are estimations only and Media Mail Solutions LLC shall not be liable for delays.
4. Warranty
(a) Media Mail Solutions warrants that it has good title to the products it sells and that it has proper authority to sell the products it distributes.
(b) Media Mail Solutions does not give any warranty as to the quality, state, condition or fitness of the goods for any particular purpose.
(c) Media Mail Solutions DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS WHICH IT SELLS OR DISTRIBUTES.
5. Limitations of Liability
(a) In no event shall Media Mail Solutions’ liability exceed the replacement cost of the product purchased from Media Mail Solutions.
6. Returns
(a) No product may be returned without the prior authorization of Media Mail Solutions. Authorization for the return of a product must be requested no later the than thirty (30) days after the date of the invoice for the product. To request authorization for a return, call (775) 336-6525.
(b) If authorization for the return of a product is granted on the basis of a customer claim that the product is defective, Media Mail Solutions shall determine, in its sole discretion after examination of the returned product, whether the claim of defect is justified. If the claim is deemed to be justified, Media Mail Solutions will replace the product without additional charge, and will ship the replacement product to the customer at the expense of Media Mail Solutions. If the claim is deemed to be unjustified, the original product will be reshipped to the customer at the customer’s expense. In either case, the customer will remain liable for the purchase price of the product.
(c) Return authorization will not be granted for the return of a product on the basis of a customer error.
7. Claims
(a) The right to reject non-conforming goods shall be limited so as to be effective only if rejection is notified in writing to Media Mail Solutions within 14 days of receipt of the goods and the goods are forthwith returned to Media Mail Solutions LLC at the Buyer's expense. No claim for damages or otherwise in respect of defects or non-conformity of the goods or otherwise shall be effective or enforceable unless written notice thereof is given to Media Mail Solutions within 30 days of receipt of the goods. The Buyer shall not be entitled to withhold any payment or make any deduction there from for any reason whatsoever.
(b) All other warranties, representations and conditions as to fitness, suitability, merchantable quality, description or otherwise whether express or implied by law or custom are expressly excluded.
8. Exclusive Agreement
(a) These Terms and Conditions of Sale represent the complete and final agreement between the customer and Media Mail Solutions with respect to customer’s purchase of products from Media Mail Solutions, and shall be supplemented only by the prices, quantities, and descriptions contained in the customer’s purchase order or offer. Any other terms or conditions contained in the customer’s purchase order or offer to buy shall have no force or effect.
9. General
(a) These Terms and Conditions of Sale and any transactions made under them shall be interpreted in accordance with and governed by the laws of the State of Colorado.
(b) In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale. The remaining sections or portion of a section shall continue in full force and effect.
(c) Media Mail Solutions shall not be responsible for damage or delay resulting from Acts of God or from other actions beyond the control of Media Mail Solutions, both governmental and otherwise, including but not limited to war, riot, seizure or embargo.
(d) In the event that a legal action is filed to interpret or enforce these Terms and Conditions of Sale, the prevailing party shall be entitled to recover its attorneys’ fees and costs
(e) These Terms and Conditions of sale may be modified from time to time by Media Mail Solutions without notice and are current as of the date of the literature, form or web site in which they appear. Please refer to web site for the most recent version of these Terms and Conditions of Sale.