PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT 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 your purchase from the backstageSupplies.com entity named on the invoice ("Arnett Designs") that will be provided to you ("Customer") on orders for controlled entry systems and related products sold in the United States. By accepting delivery of the controlled entry systems and related products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH backstageSupplies.com, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER ARNETT DESIGNS STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in backstageSupplies.com's sole discretion.
Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) that are 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 backstageSupplies.com.
Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Payment Terms; Orders; Quotes; Interest. Terms of payment are within backstageSupplies.com's sole discretion, and unless otherwise agreed to by backstageSupplies.com, payment must be received by backstageSupplies.com prior to ibackstageSupplies.com's acceptance of an order. Payment for the products will be made by credit card. Invoices are due and payable on the date of the order. backstageSupplies.com may invoice parts of an order separately. Orders are not binding upon backstageSupplies.com until accepted by backstageSupplies.com. Any quotations given by backstageSupplies.com will be valid for the period stated on the quotation.
Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Arnett Designs invoice(s). Unless Customer provides Arnett Designs with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Arnett Designs acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Arnett Designs franchise taxes and taxes on backstageSupplies.com's net income. If applicable, a separate charge for taxes will be shown on Arnett Designs invoice.
Title; Risk of Loss. Title to products passes from backstageSupplies.com to Customer on shipment from backstageSupplies.com facility. Loss or damage that occurs during shipping by the carrier is the Customer's responsibility.
Warranties. THE LIMITED WARRANTIES APPLICABLE TO BACKSTAGESUPPLIES.COM PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS, AND THERE ARE NO WARRANTIES FOR SERVICES. BACKSTAGESUPPLIES.COM MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN backstageSupplies.com'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND BACKSTAGESUPPLIES.COM WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON BACKSTAGESUPPLIES.COM'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. BACKSTAGESUPPLIES.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BACKSTAGESUPPLIES.COM'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN BACKSTAGESUPPLIES.COM'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.
backstageSupplies.com reserves the right to modify its warranty at any time, in its sole discretion. backstageSupplies.com products that are purchased directly from backstageSupplies.com by an end-user Customer may be returned by Customer in accordance with backstageSupplies.com's "Total Satisfaction Return Policy" in effect on the date of the invoice.
Exchanges. From time to time, backstageSupplies.com may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with backstageSupplies.com's exchange policies in effect on the date of the exchange.
Products. backstageSupplies.com's policy is one of on-going product update and revision. backstageSupplies.com may revise and discontinue products at any time. backstageSupplies.com will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Spare parts may be new or reconditioned.
"Total Satisfaction" Return Policy (United States Only). If you bought new products from backstageSupplies.com, you may return them to backstageSupplies.com up to 30 days from the date of the invoice for a complete refund (a restocking fee of 10% of the products original price will be required on any and all products returned) of the purchase price. The refund or credit will not include any shipping and handling charges shown on your invoice. To return products, you must contact the backstageSupplies.com customer service rep at the following e-mail address; Contact backstageSupplies.com . You must ship the products to backstageSupplies.com in their original packaging, prepay shipping charges, and insure the shipment or accept the risk of loss or damage during shipment. Returned products must be in as-new or as-shipped condition, and all of the manuals, power cables, and other items included with a product must be returned with it.
Applicable Law; Not For Resale. 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.
Service and Support. backstageSupplies.com will provide general service and support, to Customer in the United States, in accordance with the then-current service and support policies and conditions in effect. For end-user Customers, backstageSupplies.com promises that its support people will attempt to handle using e-mail any problem involving backstageSupplies.com Products. However, backstageSupplies.com's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. backstageSupplies.com may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. The programs and their terms and conditions in place at the time of purchase will apply to Customer's purchase. backstageSupplies.com has no obligation to provide service or support until backstageSupplies.com has received full payment for the Product or that Customer purchased.
Dispute Resolution. The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against backstageSupplies.com, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "backstageSupplies.com") arising out of or relating to this Agreement, backstageSupplies.com's advertising, or any related purchase (a "Dispute") through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before three (3) independent and impartial arbitrators. backstageSupplies.com will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall take place in Reno, Nevada and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.
Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. (REV 10/14)
Phone: 949-716-5852
Fax: 949-716-5902
sales@backstagesupplies.com
Hours of business:
M-F, 8:00am - 5:00pm PST