General terms and conditions - RESUINSA
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  1. Disclaimers, warranties and terms of sale: Your purchase of products of RESUINSA USA, CORP., (“RESUINSA”), whether in person, by telephone, by mail, by fax, or over the Internet, legally binds you and your heirs, assigns, transferees, and personal representatives as are governed by but not limited to the policies, terms, and conditions set forth below. Please read them carefully. By purchasing products from RESUINSA, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below (also referred to as this “Agreement”). If you do not agree to these terms and conditions, please do not enter an agreement to purchase goods from RESUINSA. This Agreement shall supersede any prior or subsequent terms or conditions included with any communications, agreement, purchase order, or invoice, whether or not such terms or conditions are signed by RESUINSA. RESUINSA reserves the right to make changes to these terms and conditions at any time, as per the commercial and sales policies of RESUINSA. Any such modifications will become effective upon the date they are first posted in this document.
    1. Attorney’s Fees: If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney fees, which may be set by the court in the same action or in a separate action for that purpose, in addition to court cost and any other relief to which the prevailing party may be entitled. Any action by either party would be settled in the Courts of the jurisdiction of RESUINSA.
    2. Cancellations or returns: All sales are final and not returns are allowed, except if the merchandise delivered is not as per the products purchased by the Client. In this case, the return proceeding must be followed as per the terms herein indicated. However, no returns will be allowed if the products have been washed, altered, or used. In addition, all the authorized returns will have a reasonable overhead expenses and profits payment. All items must be returned in new (unused) condition in the original packaging, complete with any guarantees in the original package. All of the claims must be done within the next 72 hours upon receipt and a written authorization code must be issued by RESUINSA for each case, otherwise, it will be understood that the purchaser had accepted the product and RESUINSA will not have any responsibilities or obligations regarding returns or cancellation of that product. Also, if the package has arrived damaged or altered, the purchaser must notify immediately to the Consumer Department of the transport company. Any delay in doing this notification will be making more difficult to proceed with the claim. A signed delivery receipt, clearly noting the damage or loss of product, is your legal documentation that the carrier either damaged or lost the product. A delivery receipt without any notations of loss or damage is the carrier’s proof that the shipment was delivered to the PURCHASER and that it was delivered in good condition.
    3. Delivery and Shipping: RESUINA will use all reasonable efforts to comply with requests as to method of shipment, but reserve the right to use a carrier of choice. Most merchandise is in stock in distribution centers across the United States. However, when shipping or handling costs prohibits RESUINSA from stocking an item, it will be shipped direct from the factory. Due/Delivery dates are estimates and are based upon prompt receipt of all products from the manufacturer and any necessary information. RESUINSA shall not be liable for delays due to causes beyond its reasonable control such as the acts of God, acts of the Purchaser, acts of civil or military authorities, priorities, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, delays in transportation, delays in customs, car shortages, and inability due to reasons beyond its reasonable control, to obtain necessary labor, material, or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay. Delays in shipments caused by freight carriers are not the fault of RESUINSA. RESUINSA will not be held responsible for delays by freight carriers. All claims for any damages sought for delayed goods should be made to the shipping carrier. RESUINSA does not represent in any way that compensation for damages due to delay is either warranted or due to our customers. If the customer wishes to add insurance to the shipment for the actual value of the contents it must brought to the attention of RESUINSA at the time of ordering. Title to the goods passes to the buyer as per the terms and conditions of the purchase provided in the purchase order accepted by RESUINSA. Deductions from your invoice for any reason are not authorized. Any such claims will be made to RESUINSA within 72 hours of delivery.
      Boxes should be counted upon delivery before signing the delivery note. Any deviation in contents of these boxes, needs to be reported to RESUINSA within 48 hours. After this period, RESUINSA holds the assumption that all goods have been received well and accounted for.
    4. Disclaimer and Limitation of Liability: The information, products, services or other materials on RESUINSA network of sites are provided without any express or implied warranty of any kind including warranties of merchant ability, no infringement of intellectual property, or fitness for any particular purpose, except for the manufacture warranty already provided. In no event shall RESUINSA be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use or inability to use the products, even if RESUINSA has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential damages, the above limitation may not apply to you to the extent such limitation is applicable. RESUINSA further does not warrant the accuracy or completeness of the information, text, links or other items contained within the RESUINSA network.
    5. Limitation of Liability. RESUINSA’s sole liability for goods sold is limited, at RESUINSA’s election, to the repair or replacement of goods, or repaying or crediting the PURCHASER for the purchase price of the goods or fees. RESUINSA will not be liable for any incidental or consequential losses, damages, or expenses directly or indirectly arising from the sale, handling, or use of any products, or from any other cause. The PURCHASER must submit all claims to us in writing within 3 days from date you received goods.
    6. Governing Law/Venue: The validity of this agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be interpreted and construed to and in accordance with the laws of the State of Florida to which all the parties expressly accept.
    7. Price: Prices, specifications, and designs, are subject to change without notice. Unless stated otherwise in writing. Price lists, catalogs and online pricing are intended for distribution of general information and are not quotations or offers to sell on the part of the RESUINSA. RESUINSA wishes to make clear that any prices seen on the internet if so, are not guaranteed. RESUINSA reserves the right to change our pricing at any time that we see fit.
    8. All prices are FOB our distribution center or point of origin, unless otherwise indicated in writing. When merchandise is shipped FOB, payment of the freight and shipping charges from the stated location to receiving point, in addition to the actual cost (plus tax, etc.) of the merchandise (tax does not apply to government orders).
    9. Quotations: Written quotations are subject to change without notice and become void unless accepted by the purchaser within 7 days. Oral quotations are given for estimating purposes only and are not valid unless confirmed in writing by the RESUINSA.
    10. Replacement of Defective Material: RESUINSA agrees to correct and shall have the right to correct by replacement at their expense at their option, any defects in said goods which is due to RESUINSA fault or negligence of the Manufacturer of the goods provided the Purchaser inspects the goods upon delivery and notifies the RESUINSA within 72 hours of delivery as to the defect. RESUINSA shall have the right to inspect the goods prior to making any decision on such defects. When inspection proves the claim, and provided further that during said period said goods are properly cared for. The correction of such defects by replacement by RESUINSA shall constitute fulfillment of all obligations to the Purchaser. It is the purchaser responsibility to provide RESUINSA with a correct address for delivery and make sure that there will be somebody authorized to accept the product.
    11. Sales and Similar Tax: RESUINSA’s prices do not include sales, use, excise or similar taxes. Consequently, in addition to the price specified, the amount of any present or future sales, use excise or similar tax applicable to the sale of the goods shall be paid by the Purchaser, or in lieu thereof the Purchaser shall provide RESUINSA with a tax exemption certificate (resale number) acceptable to the taxing authorities.
    12. Site Content and Information: RESUINSA USA web sites contains information, advice, text, and other materials (RESUINSA Information) that are provided for convenience and enjoyment. Be aware that the RESUINSA Information may contain errors, omissions, inaccuracies, or outdated information. RESUINSA makes no representations or warranties or guarantees as to the completeness, accuracy, adequacy, currency, or reliability of any RESUINSA Information and shall not be liable for any lack of the foregoing. RESUINSA is not engaged in rendering legal, accounting, or other similar advice or professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
    13. Terms of Payment: Pre-payment terms for all orders unless specified in writing by RESUINSA. Payments methods that are acceptable COD and CASH ONLY. Checks and NET terms are given to accounts with prior credit approval. Accounts with past due balances will be placed on credit hold. COD accounts may not have drop shipments without prior approval from RESUINSA. COD orders must have verbal or written authorization on dollar amount before order will ship. Prices and discounts/specials are subject to change without prior notice. 2% interest (24% per annum) will be charged on overdue balances. This amount is retroactive to the delivery date if payment is not made in the prescribed amount of time. Purchaser agrees to pay the cost of collection on past due invoices, reasonable court costs and attorney’s fees as a result of any legal action taken to collect on overdue invoices.
    14. Title of goods sold: The title and right of possession of the goods sold shall remain with RESUINSA and such goods shall remain personal property until all payments (including deferred payments whether evidenced by notes or otherwise) shall have been made in full in cash and the Purchaser agrees to do all acts necessary to perfect and maintain such right and title with RESUINSA. This agreement has all of the complete terms and conditions that regulate the commercial relationship between the purchaser and RESUINSA. None of the terms and conditions herein provided may be modified, change, terminated expressly or not, without a written document between the parties for said purpose.
    15. Measurements: All measurements mentioned on quote, order confirmation and invoices are measurements before the products have been washed. After the first wash cycle goods will shrink. In order to have the correct final measurements, please confirm the dimensions with the sales representative
    16. Custom and personalized work: Custom and personalized work will be produced at the time frame communicated to the customer in advance. Production holds the right to maintain a 5% margin on custom work due to cutting waste or extra fabric. Customized and personal work entail but are not restricted to: custom dimensions, embroidery of any kind and embossing.