Cubicall Terms and Conditions of Sale

 

  1. Parties. “Seller” means Cubicall “Buyer” means any entity or individual purchasing goods from Seller.
  2. Terms and Conditions of Sale. These Terms and Conditions of Sale define the relationship of Buyer and Seller and apply to all sales of products (including, but not limited to phone booths, meeting rooms, barriers, custom designs), components incorporated into products, parts, supplies, materials or other personal property (individually and collectively, “Products”), and services (including by not limited to installation, repairs; individually and collectively, “Services” ) by Seller to Buyer. Buyer acknowledges and agrees that these Terms and Conditions of Sale are incorporated in, and are a part of, any contract of sale and each quotation, purchase order, invoice, and any other document relating to the sale of Product & Services by Seller to Buyer (these documents are collectively referred to as the “Agreement”).
  3. Quotation Expiration. Written quotations offered by Seller are valid for a period of 14 days unless otherwise noted by Seller.
  4. Pricing. Prices for Products, Services and other related information shown in any Seller publication, including but not limited to catalogs, brochures, and websites, are subject to change without notice. Prices do not include related freight charges, use tax, sales tax, excise tax, value-added tax, or similar taxes, or charges of any nature whatsoever imposed by any governmental authority unless otherwise expressly noted by Seller.
  5. Taxes. Prices quoted do not include (and Buyer shall pay) all taxes and fees of any kind that may be levied or imposed on either party by federal, state, municipal, or other governmental authorities in connection with the sale or delivery of the Product and Services by Seller.
  6. Terms of Payment. Payment is due and payable to Seller as agreed to and written on quotation, sales orders and/or invoices. For Buyers with credit approval, any amounts due by Buyer to Seller that are unpaid on or after 30 days of Seller’s invoice will bear a late payment fee of 2 percent (2%) per month or the maximum rate permitted by law, whichever is less. The accrual or payment of any late fee as provided above will not constitute a waiver by Seller of any rights and remedies in connection with a default by Buyer. Buyer will pay all court costs, attorney fees, and other costs incurred by Seller in collecting past-due amounts, including late fees. If shipment or delivery of Product & Services is delayed by or at the request of Buyer, payment will remain due in full on the original delivery date for Buyers without credit approval or 30 days from the date of Seller’s invoice for Buyers with credit approval. In either such event, Seller may impose, and Buyer shall pay, storage charges and other incidental expenses incurred by Seller as a result of the delay in addition to any fees on late payments as described above.
  7. Limited Express Warranty. For a period of one (1) year from the completion of Seller’s delivery obligation under this Agreement, Seller warrants Buyer is protected by a limited warranty, which covers all manufacturing defects due to faulty material or workmanship under normal conditions of use. This warranty does not apply to breakage from normal wear or use, including light bulbs, glass panes, metal parts, leather or vinyl seats, scratches, dents, and dings or any other damage which has occurred as a result of negligence, unauthorized set-up or service. In case of defects covered by the warranty, buyer is limited to replacement or repair at the sole discretion of Seller and does not include labor cost to remove or replace any product or part. SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH REGARDS TO THE PRODUCT AND/OR COMPONENTS MANUFACTURED BY SELLER AND INCORPORATED INTO THE PRODUCT, WHICH ARE NOT INCLUDED IN THE ABOVE REFERENCED WARRANTY, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYER ASSUMES FULL RESPONSIBILITY THAT THE PRODUCT PURCHASED UNDER THE AGREEMENT MEETS THE SPECIFICATIONS AND/OR INTENDED USE OF BUYER, AND SELLER MAKES NO REPRESENTATION WITH RESPECT THERETO.
  8. No Consequential Damages. IN NO EVENT WILL SELLER BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR EXPENSE OCCASIONED BY THE USE OF DEFECTIVE PRODUCT.
  9. Delivery. Any delivery dates or other schedule of performance by Seller are approximations, and the sole obligation of Seller with respect to the schedule of delivery or performance will be to use commercially reasonable efforts to deliver the Product, or otherwise to perform, consistent with the reasonable demands of its business. In any event, Seller will have no liability to Buyer or any other person for delays in performance due to strikes or labor disputes of any type; accidents, fire, floods, acts of God, or actions by governmental authorities; acts, omissions, or delays of Buyer or any other third party; shortages of labor; or without limitation of the above, for any causes reasonably beyond the control of Seller.
  10. Title and Risk of Loss. Title to and risk of loss to the Product will pass to Buyer on delivery by Seller F.O.B. Seller’s place of business, located at 580 W Cheyenne Suite 100 North Las Vegas, NV 89030.
  11. Inspection and Acceptance. Buyer will have one (1) day to notify Seller of damaged shipment upon delivery. Buyer will be required to provide photos and description of the damage. After one (1) day, Seller is not responsible for damage to the Product arising out of the shipment of the Product to Buyer. Buyer will have three (3) days from the date of delivery to inspect the Product for defects and nonconformance and to notify Seller, in writing, of any defects, nonconformance, or rejection of the Product. After this period, Buyer will be deemed to have irrevocably accepted the Product. After acceptance, Buyer will have no right to reject the Product for any reason or to revoke acceptance.
  12. Return of Product. All returns will be pursuant to Seller’s instructions. Buyer must contact Seller for a Return Authorization (RA) before returning any Product. All returns must reference the RA number along with the original invoice number and the reason for return. For more information regarding our return policy, please click here.
  13. Cancellation or Termination. In the event of cancellation of the Agreement by Buyer, or in the event of default under the Agreement by Buyer that is not cured within 30 days after notice by Seller, Buyer will pay to Seller on demand all direct and indirect costs (including, without limitation, all applicable restocking or cancellation charges, including reimbursement for direct costs assessed by the manufacturer) incurred directly or indirectly by Seller in connection with the Agreement, all as reasonably determined by Seller, plus any lost profit. In no event, however, will any amount payable by Buyer under the Agreement exceed the total price payable by Buyer for the Product & Services.
  14. Modifications and Waiver—Entire Agreement. The Agreement contains the entire agreement between Seller and Buyer and can be modified or rescinded only by a writing signed by both parties. If any term of the Agreement is held invalid or unenforceable, all other terms of the Agreement shall remain in effect. Any document submitted by Buyer to Seller confirming its intention to purchase Product & Services described in the Agreement will be deemed to constitute a confirmation and acceptance of the Agreement, even if the document states terms in addition to or different from those in the Agreement. All agreements between Seller and Buyer will be solely under the terms and conditions of the Agreement and Seller objects to any and all additional or different terms contained in any document submitted to Seller by Buyer. Any execution by Seller of any other document submitted by Buyer in connection with the purchase of Product & Services does not constitute acceptance of or agreement to any terms and conditions in addition to or different from those contained in the Agreement, but will constitute only acknowledgment of receipt of the document. In addition, Buyer’s acceptance of these terms shall be conclusively presumed by Buyer’s (i) acceptance of delivery of or (ii) payment for Product & Services covered under the Agreement.
  15. Compliance with Laws. Buyer will be responsible for compliance with any and all federal, state, or local laws or regulations respecting safety or respecting use of the Product & Services and shall indemnify and hold Seller harmless from and against any and all claims of violations of laws or regulations or other claims of personal injury or property damage directly or indirectly related to the installation, maintenance, or operation of the Product.
  16. Export Control. Product supplied by Seller may be subject to various export laws and regulations. It is the responsibility of the exporter and Buyer to comply with all laws and regulations. If any required export authorization is denied, Seller will be relieved of any further obligation related to the sale and delivery of the Product.
  17. Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the State of Nevada. Buyer submits to personal jurisdiction in Nevada. Seller and Buyer agree that any action arising out of the sale of goods or services in accordance with this document will be brought, heard, and decided in a court located in Clark County, Nevada and that this venue is convenient.
  18. Authority. Each signatory represents that it has all requisite authority to execute the Agreement on behalf of its principal and that the Agreement is fully enforceable against the principal in accordance with its terms.
  19. Ownership. Design drawings, specifications, CADD drawings and BIM Models, and other documents furnished by the Seller, or their design consultants, for established or custom products, shall remain Sellers’s property. Seller retains all rights to intellectual property including patents, trademarks, copyrights, and other intellectual property.