TERMS & CONDITIONS OF SALE
All sales are
expressly limited to and made conditional upon terms and conditions
contained herein. Objection of Buyer to any of the terms contained
herein shall be deemed to have been waived when accepting the terms
below.
1.WARRANTY DISCLAIMER. All articles made or distributed by Seller
are inspected before shipment. If any goods prove to have been defective
in material or workmanship at time of shipment, and a claim is made
by Buyer in the manner set forth below, Seller will repair or replace
the non-conforming goods, at Seller's sole option, unless otherwise
agreed by Seller in writing. Seller makes no warranties, express
or implied, including but not limited to implied warranties of merchantability
or fitness for a particular purpose. In no event shall Seller be
liable to Buyer for incidental or consequential damages.
2.CLAIMS. Claims for shortages, defects and non-conforming goods
must be made by the Buyer in writing within three (3) days of receipt
of the goods, and no claims made after the expiration of such period
will be entertained or allowed. Such writing shall state with particularity
all material facts concerning the claim then known to the Buyer.
Buyer shall hold the goods complained of intact and in no event
shall return any goods to Seller unless expressly authorized to
do so in writing by Seller.
3.DELAYS. All orders are accepted by Seller upon the express understanding
by Buyer that Seller shall not be liable for delays in delivery
of the goods or inability to deliver the goods caused by or due
to inability to obtain transportation, equipment or material, or
by reason of insurrection, fires, floods, storms, embargoes, actions
of any military or civil authorities, whether legal or de facto,
strikes, labor difficulties, riots, lock-outs, acts of God, or other
similar or different circumstances beyond control of the Seller.
4.FREIGHT. All costs of freight, transportation or mailing, unless
pre-paid, and all demurrage charges shall be paid by the Buyer.
Buyer shall also pay for all increased freight rates whether prepayment
has been made or not.
5.WAIVER. A waiver by Seller of any breach by Buyer shall not constitute
a waiver by Seller of any other Breach by Buyer.
6.DELIVERY. Delivery of the goods by Seller to the carrier at the
point of origin shall constitute delivery of the goods to Buyer
and thereafter the shipment of the goods shall be at the Buyer's
risk. All claims and allowances for damage to merchandise incurred
in transit must be filed against and presented to the carrier by
the Buyer. Goods shipped are insured at cost of Buyer.
7.PAYMENT. Prices and terms of payment are shown on the applicable
order and receipt forms and/or invoice forms. All payments shall
be made in the legal currency of the United States of America. Any
amounts past due are subject to a service charge each month on the
unpaid balance. Minimum monthly late fee is $15.00 + 2.5%. Online
orders must be paid in advance with a credit card (Discover Card,
Visa, Mastercard, or American Express). Credit card orders are subject
to verification and approval. For your protection credit card orders
shipped to an address other than your billing address require additional
verification which may delay shipment. Checks drawn on U.S. banks
are accepted, but may delay shipment.
8. SALES TAX. New York State Sales Tax is collected for all items
delivered to addresses within New York State. The tax rate is based
on the county or city that the shipment is delivered to, in accordance
with NYS Dept. of Taxation & Finance. No taxes are collected
on the U.S. Flag, U.S. flag kits or the NYS Flag. NYS Sales tax
is charged on all other items and shipping.
9.DIES, ARTWORK & PATTERNS. Charges made for dies, artwork and
patterns are part of the purchase price of the goods and do not
convey ownership to Buyer. All dies, artwork and patterns remain
the property of the Seller, unless otherwise agreed by Seller in
writing.
10.RETURNS. Should it be necessary to return merchandise,the buyer
must notify the seller in writing and must be assigned an RMA (Return
Merchandise Authorization) number. This number must appear on the
outside of the package returned. Packages sent C.O.D.will not be
accepted. The buyer must prepay return freight in addition to a
20% re-stocking fee. Please note that there is a minimum restocking
charge of $ 15.00.
11.ONLINE COMMERCE. Seller reserves the right to limit quantities
of any offered product, and the right to decline acceptance of any
offer to purchase without incurring liability of any kind. Products
and/or prices offered for online purchase may not available through
other means of purchase from Seller or it's subsidiaries.
12. ERRORS & OMISSIONS. The information and pricing on this
website is presented as a sales aid. While the information published
on the site is believed to be accurate, it is not intended to substitute
for a specific quotation on the requirements of any purchaser. The
Seller offers this site and the information contained herein without
any warranty, express or implied, and is not liable for mistakes,
errors or omissions of any kind, nor for any loss or damage caused
by a user's reliance on such information. All information is subject
to change without notice. Prices listed in any catalog or price
list ARE SUBJECT TO CHANGE WITHOUT NOTICE.
13. ALL PRODUCT SPECIFICATIONS AND PRICES ARE SUBJECT TO CHANGE
WITHOUT NOTICE.
All rights reserved ©2003, by Broadway Baner & Flag Company,
P.O. Box 404, Saratoga Springs, NY 12866-0404, USA. When you place
an order, you are accepting and agreeing with the
PRIVACY POLICY and the TERMS &
CONDITIONS OF SALE that YOU have just read.
[SALE Items] • [U.S.
Flags] • [Historical Flags]
• [StateFlags] • [World
Flags] • [Military & Religious
Flags] • [Flagpoles & Hardware]
• [Patches & Pins] •
[Other Patriotic Items] •
[Grand Opening Flags] • [Seasonal
Flags] • [Marine Flags]
• [Peace & Rainbow Flags]
• WE SUPPORT OUR TROOPS FLAGS
& BANNERS
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