Terms and Conditions of Sale
These terms and conditions are subject
to change without prior written notice at any time, at the sole discretion
of Pasefika Designs, LLC or Jon Apisa.
THIS DOCUMENT CONTAINS INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS
THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions
that apply to purchases by customers from the Pasefika Designs, LLC entity
named on the invoice or packing slip ("") that
will be provided to you ("Customer") on orders for apparel,
artwork, and/or services and support sold by or Jon Apisa
in the United States & American Samoa and includes sale from
By accepting delivery of the products and/or services and support described
on that invoice or packing slip, the Customer agrees to be bound by and
accepts these terms and conditions.
These terms and conditions may NOT be altered,
supplemented, or amended by the use of any other document(s). Any attempt
to alter, supplement or amend this document or to enter an order for product(s)
which is subject to additional or altered terms and conditions will be
null and void, unless otherwise agreed to in a written agreement signed
by both Customer and or Jon Apisa.
Terms of payment are within Pasefika Designs, LLC sole discretion,
and unless otherwise agreed to by Pasefika Designs, LLC, payment must be received
by Pasefika Designs, LLC prior to Pasefika Designs, LLC acceptance of an order.
Payment for the products and services and support may be made by credit
card, wire transfer, or some other prearranged payment method unless other
wise specified by Pasefika Designs, LLC. Pasefika Designs, LLC may invoice parts
of an order separately. Orders are not binding upon Pasefika Designs, LLC until
accepted by Pasefika Designs, LLC.
Separate charges for shipping and handling will be
shown on the invoice(s). The Customer is responsible for sales and all
other taxes associated with the order, except for Pasefika Designs, LLC income.
If applicable, a separate charge for taxes will be shown on the invoice.
Each product recieves a through inspection when packed
prior to shipping to insure the quality and condition of the product is
new, never used, and without flaw from the time of manufacture or print.
Title to products passes from Pasefika Designs, LLC to Customer
on shipment from Pasefika Designs, LLC. Loss or damage that occurs during shipping
by a carrier is the responsibility of the shipping by a carrier and customer
and is the Customer's responsibility.
Due to the cost of the product and shipping, returns
or exhanges are the responsibility of the customer. The customer is responsible
to must pay for all shipping costs. The customer must not return, used
or flawed products. To ensure quality the product must be in an new condition
the same as it was at the time of packaging, completely wrapped and untouched
by bare hands or anything else that upon contact will flaww the suface
of the product.
Only with the full cost of shipping paid in full by
the customer and the product in flawless condition will exhanges be accepted.
Pasefika Designs, LLC may, in its sole discretion, choose not to accept a return
or exchange of a product, prior too or after the product has been returned
to Pasefika Designs, LLC in the event that the product was flawed in trasit
or by the customer. Pasefika Designs, LLC may, in its sole discretion, exchange
products or portions of a product.
Pasefika Designs, LLC may revise and discontinue products
at any time without prior notice to customers. Pasefika Designs, LLC will ship
products that have the characteristics of the products ordered, but changes
between what is shipped and what is described in a specification sheet
or catalog are possible.
Pasefika Designs, LLC WILL NOT BE LIABLE FOR LOST PROFITS,
LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY PARTY. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO
THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, Pasefika Designs, LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES
UNDER THIS AGREEMENT.
Pasefika Designs, LLC WILL NOT BE LIABLE FOR OR RESPONSIBLE
FOR THE USE OF OR FOR ANY AMOUNT OF DAMAGES CAUSED BY ITS PRODUCTS OR
CUSTOMERS USING ITS PRODUCTS.
Customer agrees to comply with all applicable laws
and regulations of the various states and of the United States. Customer
agrees and represents that it is buying for its own internal use only,
and NOT FOR RESALE OR EXPORT. Pasefika Designs, LLC has separate terms and
conditions for retailers governing resales and transactions of Pasefika Designs, LLC products within and outside the United States.
Pasefika Designs, LLC will offer limited support
Effective Date: March 25, 2003
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