TERMS AND CONDITIONS OF USE OF THIS INTERNET
SITE
King Barcode LLC.
Please read these
terms and conditions carefully before using our site. By using this site, you
agree to the terms and conditions contained herein and that you have the legal
authority to accept these terms and conditions. If you do not agree with the
terms and conditions, you should not use our site. Furthermore, we reserve the
right to change the terms and conditions of use at any time, without prior
notice. If you are using the site after we post a change, you accept that
change. You should check these terms and conditions periodically.
- We have made every effort to present the content on the
website accurately, but additions, modifications, and changes may occur.
Content on this website is provided "as is"; neither King
Barcode LLC. nor its representatives make any representation or warranty
with respect to its content.
- Prices and availability are subject to change without
notice. This copyright notice applies to all proprietary pages, images,
text, programs, and other material available throughout this Internet site
(collectively, this "Publication").
Trademarks
Unless otherwise
noted, product names, designs, logos, titles, words or phrases within this
Publication are the trademarks, service marks, trade names or other property of
their respective owners.
Warranties
THIS PUBLICATION IS
PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, OR NON-INFRINGEMENT.
Disclaimers
This Internet site may
be used for information purposes only. No part of the information on this
Internet site can be redistributed, copied, or reproduced for commercial or
non-personal use without the prior written consent of King Barcode LLC. Any
information provided to King Barcode LLC. through this Internet site or through
electronic-mail transmission becomes the exclusive property of King Barcode,
LLC. shall not be deemed to be confidential, and freely and without restriction
may be reproduced, disclosed, published, disseminated or otherwise used by King
Barcode LLC. and its affiliates.
Descriptions of, or
references to, products or publications not owned by King Barcode LLC. or its
affiliates do not imply endorsement of that product of publication. King
Barcode LLC. makes no warranties of any kind with respect to such products or
publications or the completeness or accuracy of such information. Changes periodically
are made to the information contained in this Internet site. King Barcode LLC.
assumes no responsibility for and disclaims all liability for any errors or
omissions in this Publication or in related publications which may be
discovered through this Internet site.
This Internet site is
available internationally and may contain references to products or services
not available in all countries. Reference to a particular product or service
does not imply that King Barcode LLC. intends to make such products or services
available in such countries. This Internet site was developed in the United
States of America in accordance with and use of this site shall be governed by
the laws of the United States of America.
Links to Third Party Web Sites
King Barcode LLC. does
not review or control third party websites that link to or from our website, is
not responsible for their content, and does not represent that their content is
accurate or appropriate. King Barcode LLC. makes no representations or warranties
with respect to any linked site: use of any linked site is solely at your own
risk.
Limitation of Liability
In no event shall King
Barcode LLC. or any of its affiliate, or the officers, directors, employees,
members, or agents of each of them, be liable for any damages of any kind,
including without limitation any special, incidental, indirect, or
consequential damages, whether or not advised of the possibility of such
damages, and on any theory of liability whatsoever, arising out of or in
connection with the use of performance of this Internet site.
TERMS AND CONDITIONS OF SALE
The following terms
are applicable to every transaction made with King Barcode LLC.
- Orders. Orders
are not binding upon King Barcode LLC. until accepted by King Barcode LLC.
- Shortages. All
claims for shortages must be made by the Buyer in writing within a period
of 48 hours from receipt of product. Unless such notice is given within
the stated period of time, Buyer agrees that it shall be conclusively
presumed that Buyer has fully inspected the product and acknowledged that
NO shortage exists.
- Title/Risk of Loss. Title
to the product shall pass to Buyer upon delivery of product to the common
carrier (at Seller's dock) or any other location directed by Buyer. All
risk of loss, damage, theft or destruction to the products shall be borne
by the Buyer at F.O.B. shipping point. No such loss, damage, theft or
destruction to the product, in whole or in part, shall impair the
obligation of the Buyer under this agreement, all of which shall continue
in full force and effect.
- Security Interest. Buyer
agrees that Seller shall retain a security interest in all product
detailed herein and to all product now or hereafter acquired by Buyer, and
to any proceeds thereof, until the purchase price and any other changes
due to Seller have been paid in its entirety. Buyer agrees to execute any
financing statement or other documents that Seller requests in order to
protect Seller's security interest. Upon any default by Buyer of this
agreement, Seller shall have all rights and remedies of a secured party
under the uniform Commercial code, which right and remedies shall be
cumulative and not exclusive.
- Payment. Unless
otherwise agreed in writing by Seller, all credit purchases must be paid
in accordance with Seller's normal terms of sale which are Net 30 from
date of invoice. All past due amounts are to a 1.5% monthly financing
charge or the maximum permissible under applicable law. All drafts
dishonored for any reason shall be assessed a $25.00 service charge. In
the event that Buyer stops payment on any draft issue to Seller, for any
reason, Buyer hereby recognizes that seller would suffer damage, the exact
amount which cannot be determined with certainty and Buyer shall pay
Seller liquidated damages of $500 for each such draft. In the event that
Buyer utilizes a credit card to purchase product, Buyer agrees to not
unnecessarily dispute such charges and further agrees to use best efforts
to resolve any good faith dispute.
- Returns. The
terms for product return are limited to those set forth in Seller return
policies and procedures set forth on the King Barcode LLC. website.
- Warranties. Buyer
understands that King Barcode, LLC. is not the manufacturer of the
products purchased by Buyer and the only warranties offered are those of
the manufacturer, not King Barcode, LLC. In purchasing the product, Buyer
is relying on the manufacturers specifications only and is not relying on
any statements, specifications, or photographs representing the products
that may be provided by King Barcode LLC. . King Barcode LLC. and its
affiliates hereby expressly disclaim all warranties express or implied,
related to products sold by third parties or affiliates of King Barcode,
LLC., including, without limitation, any warranty of merchantability or
fitness for a particular purpose, or warranty of non-infringement. This
disclaimer does not effect the terms of the manufacturer's warranty, if
any.
- Events of Default. Buyer
shall be in default under this agreement upon the happening of any
following events or conditions: (a) Default by Buyer on payment of any
installment, invoice, bill or any other indebtedness or obligation now or
hereafter owned by Buyer to Seller under this agreement; (b) Default in
the performance of any obligation, covenant or liability contained in this
agreement or any other agreement or document with Seller; (c) Any
inaccuracy warranty, representation or statement made or furnished by
Buyer, and (d) Dissolution, termination of existence, discontinuance of
Buyer's business, insolvency, business failure, or appointment of a
receiver of any part of the property of, or assignment for the benefit of
creditors by Buyer or the commencement of any proceedings under any
bankruptcy reorganization or arrangement laws by or against Buyer or the
attachment, levy, seizure or garnishment of any of Buyer's property,
rights, assets (contingent or otherwise) or the product.
- Remedies of Seller.
- In General. Upon
the occurrence of any event of default or at any time thereafter, Seller
may, at its option an without further notice, exercise one or more of the
following remedies as Seller in its sole discretion shall elect: (1)
Demand or, without demand, sue for amounts then due or thereafter
accruing under any invoice, bill or other documentation evidencing
indebtedness: (2) Suspend deliveries as to any or all product: (3) Take
possession of the product whenever found and for this purpose enter upon
any premises of Buyer and remove the product, without court order or
other process of law, without any liability for damages, suit, action or
other proceedings by the Buyer for such entry and/or removal: (4) Cause
Buyer, at its expense, to promptly return the product to Seller in good,
like-new condition: (5) Sell the goods, or any part thereof at public or
private sale (for cash or credit) at such time or times as Seller shall
determine, free and clear of any rights of Buyer, and if notice thereof
is required by law, any notice in writing of any such sale by Seller to
Buyer not less than ten days prior to the date thereof shall constitute
reasonable notice thereof to Buyer: (6) Exercise any rights accruing to
Seller under any applicable contract or law upon a default by Buyer.
- Mitigation of Damages. Should Seller repossess any of the product
because of a default by Buyer, Seller may make a commercially reasonable
effort to sell product at a reasonable price to a third party, provided,
however, that Seller shall have no obligation to actively seek out and
solicit potential sellers and Buyers for said goods.
- Collection Costs. In
the event of any default on the part of Buyer hereunder, Buyer shall pay
any and all collection costs, including reasonable attorney’s fees incurred
by Seller.
- Rights and Remedies Not Exclusive. No right or remedy conferred upon or reserved to
Seller by this agreement shall be exclusive of any other right or remedy
herein or by contract or law provided, all rights or remedies conferred
upon Seller by this agreement and by law shall be cumulative and in
addition to every other right or remedy available to Seller.
- Time of the Essence. Time
is of the essence of this agreement.
- Indemnification. The
Buyer agrees to and shall indemnify, defend and hold harmless Seller, its
employees and agents for and against all claims, lawsuits and losses from
any third party using the product provides under this agreement. Any
defense provided hereunder shall be by counsel of Seller's choice.
- Limitation of Liability. In the event that a products' malfunction leads
to damage or injuries to the product, to the Buyer's business, the
end-user's business, to other equipment, or residence, or to employees or
to other persons, Seller shall not be liable for such damages or injuries.
Buyer understands and agrees that if Seller shall be found liable for loss
or damage due from failure of Seller to perform any of Seller's
obligations hereunder or the failure of the product in any respect
whatsoever, Seller liability shall be limited to $250.00 and this
liability shall be exclusive, and that the provisions or this section
shall apply if loss or damage, irrespective of cause or origin, results
directly or indirectly to person or property, from performance or
non-performance of Seller obligation, breach of express or implied
warranty, or from negligence, active or otherwise, Seller, its agents,
servants assignees or employees. In no event shall Seller be responsible
for any other damages, including special or consequential damages.
- Assignment. This
agreement and all rights, obligations and performance hereunder may not be
assigned without prior written consent of Seller.
- Waiver. No
failure on the part of Seller to exercise, and no delay in exercising any
right hereunder, will operate as a waiver thereof, nor will any single or
partial exercise of any right hereunder by Seller preclude any further
exercise of any other right.
- Severability. If
any section, term, condition or portion thereof shall be found to be
illegal or void as being against public policy, it shall be stricken and
the remainder of this document shall stand as the original.
- Governing Law/Venue. This
agreement shall be construed and enforced in accordance with the laws of
Illinois. All claims, actions, disputes, controversies or suits shall be
litigated exclusively in the courts of Nevada.
- Entire Agreement/Modification. The parties intend this agreement to be a
complete statement of the terms of their agreement and replaces and
supersedes any prior agreements between them with respect to the subject
matter hereof. No course of prior dealings or usage of trade shall be
relevant to amend or interpret this agreement. This agreement may not be
changed, modified or amended except by an instrument in writing signed by
Seller and Buyer.