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Terms and Conditions
This agreement, including any papers, schedules, and any TheBoxMan LLC Credit Applications signed by the Customer constitutes the final expression of the agreement between Customer and TheBoxMan LLC with respect to the subject matters, and is a complete, fully integrated and exclusive statement of their agreement in this regard and there are no understandings, covenants, agreements, representations or warranties of any kind, express or implied, not expressly set forth herein.
No provision of any buying order or other document issued by Customer will alter or add to the terms of this agreement and any such requirement will be void and of no impact. No adjustment of this agreement by Customer will be binding unless it is in writing and is signed by an authorized representative of TheBoxMan LLC and no adjustment of this agreement shall be effected by the parties’ course of dealing, usage, or trade custom. In addition, no application of Section 2.207 of the Uniform Commercial Code (or its local equivalent) to “knock out” or otherwise modify, supplement, amend, or supersede any terms or conditions of this agreement shall have any impact and is expressly rejected. By taking delivery of a product, Customer shall be conclusively deemed to have acquired and assented to these General Terms and Conditions. In the event that Customer and TheBoxMan LLC engage in any electronic transactions, including, but not limited to, electronic data interchange or facsimile exchanges, such electronic exchanges shall be subject to the terms and requirements of this agreement.
This agreement shall be governed by and administered in accordance with the laws of the State of Texas without reference to its conflict of law rules. Customer, by taking delivery to any product, shall be conclusively assumed to have allowed to personal jurisdiction in the aforementioned state.
Open account terms if granted are net 20 days. A $1.50 open account processing fee is charged per invoice. In the event collection is needed for past due invoices and accounts, Customer agrees to pay any collection charges and/or legal fees incurred. TheBoxMan LLC reserves the right to revoke credit extended to Customer at any time.
Customer agrees to pay a $25.00 charge on any returned check or another denial of payment. TheBoxMan LLC reserves the right to refuse a check for any reason.
TheBoxMan LLC shall not be held liable for delay in or failure to deliver goods due to causes beyond TheBoxMan LLC's control, including without limitation, cases of force majeure, allocations of product, work stoppages or slowdowns, fire, floods, accidents, labor difficulties, riots, acts of God, war or terrorism, governmental interference or embargo and Customer waives any right to assert a claim against TheBoxMan LLC in respect thereof.
For local deliveries made by TheBoxMan LLC trucks, up to two delivery efforts will be made during regular delivery hours. TheBoxMan LLC then reserves the right to cancel the order and charge a delivery fee.
All rates, terms and conditions are subject to change without notice. Customer accepts all terms and conditions as stated on TheBoxMan LLC's website.
Shipping breakage claims must be made on the invoice of goods. No goods will be accepted or allowances made by TheBoxMan LLC after being used, damaged after delivery or otherwise not saleable.
The Customer agrees to use the products in accordance with: a) Any instructions provided to Customer by TheBoxMan LLC b) All federal, state, and local laws and regulations governing the storage, utility and maintenance of the products and c) Best management practices.
Determination of the suitability of the product(s) supplied hereunder for the uses and applications contemplated by the Consumer and others shall be the sole responsibility of the Customer. Customer shall not rely on any descriptive pictures or text provided by TheBoxMan LLC to determine the suitability of any product for Buyer’s use.
The misuse of products, improperly following written instructions or not heeding stated hazards renders TheBoxMan LLC , owners, workers and vendors harmless and not liable for any damages or injuries incurred.
TheBoxMan LLC reserves the right to limit quantities on goods for any reason. Craft Boxes may also alter quantities sold to comply with bundle or unit counts on merchandise.
TheBoxMan LLC is not responsible for any errors resulting from misinformation provided by the Customer.
