ALL SALES, PRESENT AND FUTURE, ARE SUBJECT TO FLEXIROCKS TERMS AND CONDITIONS, STATED BELOW. ORDER AND ACCEPTANCE OF ANY MATERIAL DELIVERED IS DONE SO UNDER THE TERMS AND CONDITIONS THAT FOLLOW, UNLESS AREED BY AMENDED TERMS AND CONDITIONS.
1. Introduction
These Terms and Conditions of Sale (“Terms”) govern the sale of goods (“Goods”) by Step Ladder Services LLC dba FLEXIROCKS (“Seller”), a business based in Texas, to you (“Buyer”). By placing this order, Buyer agrees to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING AN ORDER.
2. Orders
2.1. Orders are subject to acceptance by Seller, and Seller reserves the right to refuse any order in its sole discretion.
2.2. Orders may be placed through Seller’s website, by phone, or by email.
2.3. Once an order is placed, Buyer will receive an order confirmation via email. This confirmation does not constitute acceptance of the order; it serves only as acknowledgment that the order has been received.
2.4. Following confirmation of an order, Seller will provide Buyer with acceptance of order in detailed form.
2.5. Should Seller assist in the determination of the estimated quantities needed, the buyer assumes full responsibility for verifying and confirming quantities ordered.
2.6 Buyer is informed and acknowledges that colors on repeat or different orders will very somewhat due to the manufacturing process and are not reason for return or rejection.
3. Price and Payment
3.1. The price of the Goods shall be as stated in Seller’s Sales Quote at the time of order placement and is valid for 10 business days.
3.2. All prices are in US dollars and are exclusive of any applicable taxes, shipping, handling, and delivery charges, which shall be added to the total purchase price.
3.3. Payment must be made in full at the time of order placement prior to shipment unless credit is extended in the Sales Quote.
3.4. If credit is extended to Buyer based upon the above stated representations, Buyer agrees to pay any obligations due in accordance with invoice and these Terms & Conditions.
3.5. If any invoice is not paid within thirty days of the invoice date or stated due date, interest at the rate of eighteen percent (18%) per annum will be charged to applicant beginning on the thirty first (31st) day after the invoice date.
3.6. If for any reason the account is not paid when due and collection efforts are required, Buyer agrees to pay reasonable attorney’s fees incurred, interest charges due and a $50.00 fee assessed for all returned checks, in addition to the account balance
4. Delivery
4.1. Delivery dates provided by Seller are estimates only and are not guaranteed. Seller shall not be liable for any delays in delivery.
4.2. Risk of loss or damage to the Goods shall pass to Buyer upon delivery of the Goods to the carrier.
5. Returns and Refunds
5.1 Buyer is responsible for inspecting the ordered Goods upon delivery and must notify Seller of any discrepancies or damages within 2 business days of receipt. Claims for defects, damages, or shortages must be made in writing no later than 2 business days after delivery. If no communication is received within 2 business days, then the order is assumed and agreed to have been received in full and per the quantities and items listed on the sales order.
5.2. If Buyer seeks return of delivered product or refund of payment, Buyer must make the delivered product immediately available in preserved state for inspection by Seller, following written notification of deficiency within 2 business days of receipt,
6. Limitation of Liability
6.1. In no event shall Seller be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the sale of Goods, including, but not limited to, lost profits or business interruption.
6.2. Seller’s total liability for any claim arising out of or in connection with the sale of Goods shall not exceed the purchase price of the Goods.
7. Governing Law, Binding Mediation and Jurisdiction
7.1. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
7.2. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas.
7.3. In the event that any Party to this agreement feels that any dispute needs resolution that cannot be resolved by consultation, then that Party shall offer to mediate that dispute in a binding manner in Harris County with an agreed mediator. If the parties cannot agree to a mediator within ten days of notice of a dispute, the choice of Hon. Dion Ramos or Lan Nguyen shall be the mediator for a full day or more of binding mediation at his or her office, or such other site as the Mediator shall designate, and the Parties shall equally pay the fee of mediation. The Parties further agree that they will submit all disputes to binding mediation and all unresolved issues will be resolved by binding mediation. The Parties do hereby agree to give the Mediator full authority to resolve all disputes between them and to make a binding final determination of all claims presented. The party prevailing in such mediation or litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney’s fees in such mediation or litigation, which fee shall be determined by the court in such litigation or in a separate action brought for that purpose. The parties do further agree that the determination of the mediator will be treated as a formal judgment by the Harris County Courts or Harris County District Courts upon the motion of either party.
8. Entire Agreement
These Terms constitute the entire agreement between Buyer and Seller with respect to the sale of Goods and supersede all prior or contemporaneous agreements and understandings, whether oral or written.
9. Amendments
9.1. Seller’s Quote or confirmed acceptance of any order cannot be modified except by written instrument stating amended order and agreement.
9.2. Seller reserves the right to amend these Terms at any time by posting the amended terms on its website. Amendments shall be effective immediately upon posting.