CASCADE HOLIDAY EVERGREENS (2015)
TERMS OF SALE
By purchasing from this website, you agree to....................
All sales by Cascade Holiday Evergreens, a Division of Callisons, Inc. ("Cascade") under this Confirmation of Sale ("Confirmation"), to the buyer (the "Customer") identified on the face hereof, are subject to the following provisions, terms and conditions:
1. Payment Terms. A hold of funds (pre-authorization) will be placed on your credit card at the time of purchase. Once Cascade ships the pruchased products, your credit card will have a charge processed for the amount that was pre-authorized on your card at the time of purchase.
2. Delivery Terms. All shipments and prices shall be F.O.B. Destination, unless otherwise specified on the face hereof. The choice of the carrier and the method and route of shipments shall be at Cascade's discretion. Identification of the goods to the contract shall occur when the goods are placed in the possession of the carrier.
3. Taxes. The amounts of present and future sales, revenue, excise, use or other taxes applicable to the goods sold by Cascade shall be paid by the Customer.
4. Liability. Cascade will not be liable for any failure or delay in performing orders or delivering or shipping goods, or for losses or damages of any kind resulting from any such failure or delay, when such failure or delay is directly or indirectly caused by, or in any manner arises from fire, flood, accident, strikes, boycotts, lockouts, labor difficulties, acts of God, force majeure, civil unrest, national emergency, war governmental interference, freight embargo, material shortages, or other causes beyond the reasonable control of Cascade.
5. Claims: Guarantee. Claims for shortages shall be deemed waived and released by the Customer unless made in writing within thirty (30) days after receipt of the goods by the Customer. Claims for defective goods shall be deemed waived and released by the Customer unless made in writing within thirty (30) days after receipt of the goods by the Customer. Cascade's obligation with respect to any defective goods and shortages shall be limited to replacement F.O.B. Destination or crediting of Customer for Customer's cost of goods, either remedy to be at the discretion of Cascade. In no event shall Cascade be liable for any losses or damages whatsoever, or other expenses, that may arise in connection with any shortages or defective goods. THE GUARANTEE SET FORTH IN THIS PARAGRAPH IS EXPRESSLY MADE IN LIEU OF ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO MERCHANTABILITY OR AS TO FITNESS FOR ANY PARTICULAR USE OF PURPOSE.
6. Warranties. NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTIES, WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE, OR OTHERWISE, SHALL APPLY TO GOODS SOLD BY CASCADE.
7. Cancellation. A final order, once placed with and accepted by Cascade, can be canceled only with Cascade's written consent and upon terms that will indemnify Cascade against loss.
8. Controlling Provisions: Governing Law. The provisions, terms, and conditions set forth herein shall prevail insofar as they may in any way conflict with the provisions, terms and conditions in any purchase order, confirmation or other writing used or given by the Customer. This agreement shall be governed by, and construed in accordance with, the laws of the State of Washington.
9. No Waiver, Etc. No waiver or amendment of any of the foregoing provisions, terms and conditions not consent to any departure by the Customer therefrom shall, in any event, be effective unless the same shall be in writing and signed by Cascade, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
The Customer at the end of the order hereof acknowledges that Customer has read, understands and hereby agrees to the above provision, terms and conditions, and hereby represents and warrants to Cascade that all purchases by the Customer from Cascade shall be solely for the not-for-profit entities' uses.