STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS SHOWER SHOPPE, LLC (hereinafter referred to as "SELLER") and the "BUYER" identified on the reverse side of this Contract of Sale hereby agree to be bound by these terms and conditions in connection with the sale of goods described on the reverse side hereof.
1. Amount and Type of Goods.
SELLER agrees to sell and BUYER agrees to buy the quantity and type of goods which are described herein or which comply with written specifications submitted by BUYER and accepted by SELLER (the "Goods").
2. Price and Payment.
The price of the Goods shall be as specified herein. Any deviation from quoted specifications requested by BUYER may result in price adjustments. Except as otherwise provided herein, upon acknowledgment of affirmation of the Contract of Sale by BUYER and SELLER, BUYER shall furnish a conformable, revolving, irrevocable letter of credit in favor of SELLER payable in Chicago, Illinois, in United States of America Dollars in the amount of the price of the Goods. It is agreed that under no circumstances shall SELLER be required to accept payment other than by the means and manner herein set forth. In such event and in addition to any other rights SELLER may have as provided by law or hereunder, SELLER shall have the option of canceling this Contract without penalty. Buyer will promptly pay all sums when due.
Prices are exclusive of all federal, state and local excise, sales, use and similar taxes, if any. Customers purchasing for the resale within the State of Illinois must furnish a resale certificate card. The certificate shall be signed by and bear the name and address of the BUYER, its resale permit number and shall indicate the general character of the tangible personal property sold by the BUYER in the regular course of business.
The delivery of the Goods shall be made, in a single or in multiple lots, as specified herein and shall be made on or before the date specified herein, or within a reasonable time thereafter. The delivery schedule hereof shall be considered extended by a period of time equal to the time lost because of any delay which is due to causes beyond the SELLER'S control as enumerated in paragraph 17 hereof. All payments shall be separately invoiced and paid as billed without regard to future deliveries. Delay in delivery of any installment shall not relieve BUYER of its obligation. The goods shall be delivered to the place described herein.
Goods are sold F.O.B. factory. Shipping, unless otherwise specified herein, will be the least expensive surface transportation as determined by SELLER. SELLER will forward shipping confirmation to the BUYER. The price shall be paid by BUYER upon the checkout process of www.showershoppe.com.
SELLER will determine the type of container and arrange for suitable packaging for domestic transport and delivery of the Goods, and charges related thereto are included in the price for the Goods set forth herein and will be paid by SELLER. Special packaging may result in additional charges to BUYER.
7. Risk of Loss.
The risk of loss of the Goods shall pass to BUYER as soon as the Goods are tendered to BUYER. It is agreed that SELLER will secure, at BUYER'S expense, adequate insurance coverage equal to the selling price of the Goods sold herein and both BUYER and SELLER agree that coverage equal to the selling price of the Goods sold herein and both BUYER and SELLER agree that in the event of loss or damage to the Goods, their sole remedy shall rest with such insurance coverage without regard to a breach or default and without regard to the adequacy of the recovery of insurance proceeds.
8. Casualty to Identified Goods.
In the event that the Goods covered by this contract are destroyed or damaged, in whole or in part, prior to time the risk of loss passes to BUYER, this contract shall be avoided and SELLER excused from all obligations hereunder. If the loss is partial, BUYER shall have the right to accept that portion of the Goods which conform to the written contract.
9. Limited Warranties.
SELLER offers several manufacturers’ products for purchase on this electronic marketplace. Each product carries its own warranty, all of which are limited to each manufacturer’s limited warranties. BUYER should be review those warranties prior to purchase. SELLER does not guarantee or assume the responsibility of the manufacturer warranty.
10. Right of Inspection.
BUYER shall have the right to inspect the Goods after delivery. Failure to give notice in writing to SELLER of any obvious defects or omissions within one (1) business day after delivery shall constitute an irrevocable acceptance of the Goods.
11. Rejected Goods.
Our return policies vary by product due to the size and shipping nature of the products. SELLER requires a Return Authorization for the product before it can returned. Larger damaged items should be refused at time of delivery. For complete details on the Return Policy, please click here.
If BUYER violates, or is officially charged with a violation of any law, regulation or ordinance which may govern the sale, handling or disposition of any of the Goods or if BUYER becomes insolvent, or makes any assignment for the benefit of creditors, or is adjudged bankrupt, or if a receiver or trustee of BUYER'S property is appointed, SELLER may, at sole discretion, terminate this contract and may refuse to make any further deliveries. In the event that any additional customs duty or tariff shall be imposed between the date hereof and the date of arrival at the appropriate point of entry into BUYER'S country, SELLER shall have the right to terminate this contract and any further deliveries thereunder unless BUYER, shall pay such additional duties or tariffs.
It is specifically agreed that identification of the Goods sold shall occur when the Goods are ready for shipment.
14. BUYER'S Remedies.
In the event of breach of repudiation of this contract by SELLER, BUYER'S right to damages shall be limited to the difference between the contract and the market price of the Goods, and BUYER shall not have the right to "cover" and fix damages by contracting for substitute Goods. Further, SELLER shall not be liable, under any circumstances for the cost of processing, lost profits, injury to goodwill or any incidental or consequential damages as those terms are defined in the Uniform Commercial Code.
15. Exclusive Agreement.
This contract constitutes the entire contract and exclusively determines the right and obligations of the parties hereto, any prior course of dealing, custom or usage of the trade or course of performance notwithstanding, and may not be modified except by a writing signed by SELLER'S authorized agent.
This contract shall not be assignable or delegable by either party hereto without the written consent of the other.
17. Force Majeure.
SELLER shall not be responsible for delays in delivery or any failure to deliver due to causes beyond SELLER'S control including, but not limited to acts God, war, mobilization, civil commissions, riots, embargoes, domestic or foreign governmental regulations or orders, fires, floods, strikes, lockouts and other labor difficulties, or shortages of or inability to obtain shipping space or transportation.
All controversies and claims arising out of or relating to this contract, or breach thereof, shall be settled solely by arbitration held in Chicago, Illinois, in accordance with the rules then obtaining of the American Arbitration Association and any judgment upon any award thereon may be entered any court having jurisdiction thereof. And demand for arbitration hereunder shall be made not later than ninety (90) days after delivery of the Goods.
19. Choice of Laws.
This contract, and all of the rights and obligations of the parties hereto, shall be governed by the Uniform Commercial Code as enacted and in force in the State of Illinois on the date of this contract.
20. Changes to This Agreement.
SELLER reserves the right to modify these Terms of Service at any time. SELLER does so by posting and drawing attention to the updated terms on showershoppe.com. The BUYER’S decision to continue to visit and make use of the Site after such changes have been made constitutes BUYER’S formal acceptance of the new Terms of Service. Therefore, we ask that BUYER review this Agreement for such changes on an occasional basis. Should BUYER not agree to any provision of this Agreement or any changes the SELLER makes to this Agreement, SELLER asks and advises that BUYER does not use or continue to access the showershoppe.com immediately.
21. Intellectual Property.
The Site and all of its original content are the sole property of Shower Shoppe, LLC and are, as such, fully protected by the appropriate copyright and other intellectual property rights laws.
SELLER reserves the right to terminate BUYER’S access to the Site, without any advance notice.
23. Links to Other Websites.
24. Contact Us.
If you have any questions about this Agreement, please feel free to contact us at firstname.lastname@example.org.