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TERMS AND CONDITIONS FOR BUYERS
By purchasing from Catfish Imports LLC (USA), Guangzhou Catfish Latex Clothing Company 广州恺妃斯服装有限公司 (collectively referred to as "LatexCatfish" and/or "Seller"), Buyer consents to the following Terms and Conditions (these “TCs”):
Acceptance of Terms and Conditions
Acceptance by Seller of Buyer's orders is expressly made conditional on Buyer's assent to these TCs. Unless otherwise agreed to in writing by all parties and to the extent there is a conflict between these TCs and the terms and conditions set forth in the credit/buyer application, order confirmation and/or invoice (independently or collectively referred to as the “Order Documents”), if any, the terms and conditions set forth in these TCs supersede the terms and conditions of the Buyer's Order Documents and will govern all transactions between the Buyer and the Seller. Seller specifically rejects any terms or provisions which attempt to set any standards, specifications or damages related to quality and time of delivery or which contradict or purportedly claim to supersede these TCs or those in the Order Documents. Buyer's acceptance of goods delivered by Seller in conjunction with the Order Documents is an acknowledgement by Buyer of Buyer’s acceptance of these TCs, as well as those in the Order Documents, if any.
Modification of Goods:
Garment dyers, chlorinators and printers – beware! If you modify the goods, then you own them! Once merchandise is printed, garment dyed, washed or altered in any way, the Buyer cannot return or make a claim relating to such merchandise. The Seller is not responsible for any damages or loss during any post-delivery processing or modifications.
Garments modified by the Buyer or its representatives, or modified by Seller at the request of Buyer, may not be returned. Seller may agree, as an accommodation to Buyer, to purchase these items, but is under no obligation to do so, and has the right to receive and inspect the garments prior to such accommodation becoming effective. Should Seller make this accommodation, Buyer authorizes Seller to sell such garments and Buyer warrants that Buyer has the right to sell such goods to Seller. Buyer releases and indemnifies Seller from any liability related to labels, marks, designs or other intellectual property rights in anyway related to the sale or distributions of these goods.
If you have any questions, ask!
Notice of Defects and Returns:
Upon receipt of the merchandise and prior to trying on any items, it is the responsibility of Buyer to inspect and confirm that all merchandise delivered matches Buyer’s order and that there are no defects in the merchandise. The Buyer must provide notice to Seller of any defects, including but not limited to those related to shortages, quality, or specification, within seven (“7”) days after the receipt of the merchandise. The Seller will not be responsible for defects when shipments are directed to a third party. Buyer must notify Seller in writing of all claims for damages resulting from late delivery or any other defect that is known to Buyer at the time Buyer receives the merchandise. Buyer hereby waives any claim for damages resulting from any defect Buyer is aware of, including late delivery, unless Buyer notifies Seller in writing within seven (“7”) days of receipt of the merchandise.
A Return Merchandise Authorization (“RMA”) must be obtained from the Seller by the Buyer for any returned merchandise, whether for defects or otherwise. All returns must be made within fourteen (14) days of receipt of goods. The Seller may charge the Buyer a 25% restocking fee in addition to a $ 5.00 minimum charge for any returned merchandise that is not returned in original condition, Buyer authorizes Seller to sell any returned garments with Buyer's label, mark, custom design or print that have been returned, rejected, or abandoned and Buyer will indemnify Seller and hold Seller harmless for any claims made related to Buyer’s label, mark, etc.
The following items cannot be returned:
If you have any questions, ask!
It is understood that should the Buyer become Delinquent, i.e., thirty (“30”) days after the payment has become due, no further credit will be extended and the Seller will charge the Buyer a past due service charge at the rate of 1 ½% per month (18% per annum), collection agency fees in the amount of 30%, and/or reasonable attorney's fees, and all other actual and reasonable costs and expenses which may be incurred by the Seller in the enforcement of these TCs or the terms and conditions set forth in the Order Documents, as allowed or permitted by law. Any returned checks will be charged back to the Buyer, and a $30 returned check fee (or the maximum allowed by law) will be charged to the Buyer. If the Buyer's account is insured and the Buyer's account is turned over to a receivable insurance company for a claim, Seller can also charge the Buyer an additional 30% of the principal amount due which is in default. It is understood and agreed by Buyer that these charges are a reasonable estimation of the damages Seller will incur upon Buyer's default.
If your payment method is declined, the order is still in the system and is still active, if you no longer wish to purchase this order, you will make us sad, but you must cancel it. We know bad things happen to good people and we know computers screw up, so we keep the order around without you having to re-key everything. However - its still an active order! So please cancel it if you no longer want the items – and make us sad.
If you have any questions, ask!
Jurisdiction: The laws of the State of Texas will govern this Agreement and the relationship between the parties and any guarantors. Both parties consent to the exclusive jurisdiction and venue in the courts of Texas, Collin County, USA. All disagreements and questions as to interpretation, performance and enforcement and the rights and remedies of the parties under this Agreement shall be determined in accordance with the laws of the state Texas, without regard to any conflict of laws provisions. Should any provisions contained in this Agreement violate the laws of any state or country in which this Agreement is to be performed, parties mutually and knowingly agree that any suit arising out of or relating to this Agreement shall be filed and adjudicated in the state of Texas, Collin County, USA.
The Seller also reserves the right to sue the Buyer or its Guarantor in the province or state of Buyer’s domicile. The foregoing terms, however, shall not in any way diminish or limit the arbitration provisions set forth below.
EXCLUSION OF IMPLIED WARRANTIES:
THE BUYER RECOGNIZES THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER IMPLIED WARRANTIES ARE EXCLUDED AND DISCLAIMED FROM ANY TRANSACTION BETWEEN BUYER AND SELLER AND SHALL NOT APPLY TO ANY GOODS SOLD BY SELLER. ADDITIONALLY, SELLER SHALL ALSO NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. THIS LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES DOES NOT APPLY TO BUYERS RESIDING IN JURISDICTIONS WHICH DO NOT ALLOW SUCH DAMAGE LIMITATIONS.
Buyer’s damages are limited to the actual amount paid to Seller for the goods, including any sales tax and shipping.
No Responsibility for Third-Party Work or Referrals Made by Buyer:
Buyer acknowledges that Seller has no responsibility for any work performed by any vendor or third-party referred by Buyer and Buyer hereby waives any right to assert any claim against Seller for work performed by any other third-party, including but not limited to claims for negligent referral or agency, or respondent superior.
Deterioration of Buyer's Credit:
The Seller has the right, in addition to any other remedies provided by law, to terminate any delivery or suspend further deliveries of other shipments in the event the Buyer fails to pay for any one shipment when the same becomes due. Should the Buyer's financial condition result in repeated delinquency on Buyer’s account, the Seller may require cash payments or satisfactory securities for delivery of goods.
In consideration of any credit extended and/or to be extended by LatexCatfish in its discretion to Buyer, or the release of goods paid by credit card or check, the individual(s) signing the invoice, credit/buyer application, online transaction or other confirmation, or delivery receipt or check or credit slip (who, if more than one, shall be jointly and severally bound) hereby unconditionally guarantee(s) to LatexCatfish and its successors, endorsees, and assigns the punctual payment when due, with such interest as may accrue thereon either before or after any maturity(ies) thereof, of all debts and obligations of Buyer and any other related party or parties, now existing or hereafter arising, as well as the performance and observance by Buyer of the terms, conditions, stipulations, and agreements of Buyer contained in this invoice, credit application, and/or order confirmation of LatexCatfish. This Guaranty will be a continuing and irrevocable guaranty and indemnity for such indebtedness of Buyer. The undersigned do(es) hereby waive notice of acceptance of this Guaranty, notice of the occurrence of any default, presentments, demands, protests, and notices of any and all action at any time taken or omitted by Buyer regarding its indebtedness to LatexCatfish. The signer consent(s) to any modification or renewal of the credit hereby guaranteed. This Guaranty shall bind the executors, administrators, and assigns of the undersigned and shall remain in force and effect unless and until canceled by written notice sent to Seller by registered mail, in which case it shall then be binding as to any balances still owing and outstanding as of the date of Seller’s receipt of such registered notice. This Guaranty also gives LatexCatfish the right to investigate credit from time to time of both Buyer and the Personal Guarantor(s), if deemed necessary by Seller should Buyer become delinquent in payment or should Buyer’s credit card fail to process after authorization.
Buyer may not resell or re-convey, or offer to sell or re-convey, any LatexCatfish products to any person or entity, under any circumstances or through any means without a reseller agreement in place with LatexCatfish. One exception applies: if the resell is person-to-person and conducted as a private, one-time sale, then a reseller agreement with LatexCatfish is not required. This exception includes personal (non-business) listings on auction sites, personal web sites, web forums, etc. In case of an exception, Seller grants an extremely limited, one-time license to Buyer to use a link back to the original product page either directly or via iframe or other inclusive technologies. If there are any questions, please ask!
1. AGREEMENT TO BINDING ARBITRATION
Seller and Buyer agree that upon the demand of either party, any claim or dispute between Seller and Buyer and/or any of either parties' parent corporations, successor entities, present and/or former subsidiaries, divisions, and affiliated entities, as well as each of their present and/or former shareholders, directors, officers, employees, attorneys, agents, contractors and representatives ("Agents"), shall be determined by binding arbitration as set forth in this section on arbitration (this “Arbitration Agreement”). Seller and Buyer hereby covenant not to file a lawsuit against each other in contravention of this Agreement. The parties shall be entitled to all of the same remedies as those available for comparable actions in courts. The parties shall be entitled to be represented by independent counsel of their choosing and the right to an independent arbitrator or arbitrators. Claims shall be submitted to and determined exclusively by binding arbitration as provided for by Sections 1 and 2 of the Federal Arbitration Act, in conformity with the Texas Rules of Civil Procedure. Once a party exercises its right to arbitration as set in this Arbitration Agreement, arbitration shall be the exclusive method for resolving any dispute; provided, however, that either party may request injunctive relief from a court of competent jurisdiction.
2. KNOWING AND VOLUNTARY CONSENT TO BINDING ARBITRATION AND WAIVER OF RIGHT TO JURY TRIAL
Seller and Buyer hereby acknowledge that they have read and understand the terms of this Arbitration Agreement, and are voluntarily agreeing to its terms. Seller and Buyer also understand that by using binding arbitration to resolve disputes, they will be giving up any right they may have to a trial by judge or jury.
3. COSTS OF ARBITRATION
The Parties shall each bear their own costs and attorneys' fees in any arbitration proceeding, provided however, that the arbitrator shall have the authority to require either party to pay the costs and attorneys' fees of the other party during the arbitration, as is permitted under federal or state law, as a part of any remedy that may be ordered.
Agreement and Acknowledgement:
Buyer has carefully read and agreed to these TCs. If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction or an arbitrator to be invalid, void, or unenforceable, the remaining terms and provisions of this agreement will remain in full force and effect and shall in no way be affected, impaired, or invalidated.