Acceptance: Acceptance of Purchase Orders are expressly conditional on acceptance of the following terms and conditions of sale, which are in lieu of any additional or different terms contained in Buyer’s purchase order or other documents or communications pertaining to the Order. Failure to object to any terms or conditions which may be contained in any document or form of Buyer shall not be construed as a waiver of these conditions, nor as an acceptance of any such terms and conditions.
Warranty: Make Be-Leaves provides a one-year warranty for interior plantscaping, that the goods supplied under this invoice (the “Goods”) shall conform to the description stated on the reverse side hereof. The foregoing warranty is the Buyer’s sole warranty with respect to these goods. All other warranties, express or implied including but not limited to the implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed. Seller’s liability for breach of warranty is limited solely to the replacement or repair of any defective goods.
Limitation of Liability: Make Be-Leaves liability to Buyer, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed in any case the return of the amount of the purchase price paid by Buyer and under no circumstances shall Make Be-Leaves be liable for special, indirect or consequential damages.
Shipment: Scheduled dates of delivery are determined from the date of Make Be-Leaves’ acceptance of any order or orders placed by Buyer and are estimates of approximate dates of delivery, not a guaranty of a particular date of delivery. Shipment costs shall be paid in advance by Buyer.
Claims: Buyer must notify Make Be-Leaves within 24 hours of receipt of shipment of any freight damage – AND freight damage must be noted on the signed packing slip/invoice upon receipt of shipment. Failure to do so will result in a waiver of any claims for freight damage. Any claims for shortages, errors or defective merchandise or other issues regarding the goods must be made within 48 hours of receipt of merchandise. Failure to timely give notice of such claims shall constitute a waiver by borrow of all claims with respect to such goods.
Payment Terms: Buyer agrees to accept the payment terms listed in the quotation and/or invoice.
Storage Fees When Buyer Delays Shipment: Buyer has a two-week grace period from the original scheduled shipment date of order at no charge. After two weeks, the order will be subject to daily storage charges.
Cancellation: Any cancellation must be in writing. No cancellations accepted after receipt of signed quote/purchase order and non-refundable deposit.
Attorney Fees: In the event of a breach of this Agreement by Buyer, Make Be-Leaves is entitled to recover its collection expenses and litigation costs, including reasonable attorney fees, court costs, and expenses.
Acknowledgement of Terms: Make Be-Leaves is a “custom house” dedicated to serving our clientele to ensure satisfaction. We urge our clients to fully communicate their vision and expectations when placing their order because once the project is completed, there is very little that can be adjusted. All items are custom and non-refundable. Modifications of the signed quote will result in additional charges.