Your use of this website indicates your acceptance of our Terms and Conditions of Sale:
1. If Crackerjack Promos, Inc. (“Seller”) resorts to any collection agency or attorney to collect any monies due by Purchaser, Purchaser agrees to pay legal fees equal to 33% of the principal and interest due to Seller, plus all costs and fees for enforcing any judgment obtained against Purchaser, or b) reasonable legal fees based upon the hourly fees that would have been charged to Seller by such collection agency or attorney, whichever amount is less, plus all costs and fees for enforcing any judgment obtained against Purchaser.
2. Past due accounts accrue interest at the New York Statutory rate of 9% APR.
3. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS MADE.
4. Any dispute arising under this agreement shall be resolved under the law of the State of New York with exclusive mandatory jurisdiction in the Courts of the State of New York, County of Suffolk.
5. Any claims not made by Purchaser within seven (7) days of receipt of delivery are deemed waived. Said claims must be in writing to the Seller.
6. Purchaser requests to cancel an order must be made in writing prior to final order production. Canceled orders subject to 20% restocking fee. Purchaser is also liable for any costs incurred by Seller up to the point of order cancellation.
7. Failure to make a proper claim, per the instructions in the Customer Order Form, shall be construed as acceptance of the goods received by Purchaser.
8. PURCHASER WAIVES ALL CLAIMS AND/OR COUNTERCLAIMS TO RELIEF UNDER NY UCC 2-714 AND/OR 2-715 (damages relating to accepted goods, incidental damages, consequential damages, and reductions in price).
9. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND USAGE OF TRADE.
10. Sellers’s maximum liability, if any, on account of a defective Condition shall be to credit Purchaser the purchase price of that part of the shipment which is defective, provided such materials are returned in the same state as shipped by us. Seller will not be held liable for results of Buyer’s use of the material including any change made in the composition or form of the material, or use of same in combination with other substances or materials.
11. Seller shall not be held responsible for failure or delay in delivery due to Act of G-d, war, fire, strike, shortage or unavailability of raw materials or goods, or any other condition beyond our control.
12. In the event that a court of law should find any particular terms or conditions of the entire agreement unenforceable, the remaining terms and conditions shall be severable and shall remain in force.
13. At our discretion, we reserve the right to replace, update or change any of these Terms and Conditions of Sale. Such changes will be indicated by viewing this page, where the most current version of the Terms and Conditions of Sale will be posted.