Terms and Conditions

Uniform Terms and Conditions of Sale for A+Ocean LLC.

 

1. PROPOSALS AND ORDERS

 

1. TERM: All prices quoted by A+OCEAN LLC. are valid for 5 days from date of proposal.
2. ACCEPTANCE: All orders require either a hard-copy purchase order issued by Buyer or a Seller-prepared proposal that has been approved by an authorized signatory of Buyer.
3. MODIFICATIONS/CHANGES/CANCELLATIONS: Any requested modification to an order is subject to the approval of Seller and the manufacturer or supplier of the goods ordered. Changes must be made via a revised purchase order, change order or signed and dated, revised proposal. ALL SALES ARE FINAL.
4. CREDIT APPROVAL: All orders are subject to credit approval.
5. DEPOSITS: Deposits are required if the manufacturer(s) or service provider(s) require(s) a deposit. It is at the discretion of the Seller as to whether a deposit and the amount is necessary. All required Sellers must receive deposits prior to any orders being entered.

 

2. INVOICING

 

1. TIMING: The balance of all Product purchased will be invoiced upon delivery of the product. Any product being held at Buyer’s request will be invoiced in full upon Seller’s receipt of same.
2. PAYMENT TERMS: All invoices are due in full within ten (10) days from date of invoice. A monthly service charge of 1.5% (18% A.P.R.) will be assessed on all unpaid balances after invoice due date.
3. WITHOLDING: PAYMENT MAY BE WITHHELD ON AN INVOICE ONLY FOR SPECIFIC MERCHANDISE THAT HAS NOT BEEN DELIVERED OR IS DAMAGED, AND SUCH NOTICE SHALL BE GIVEN IN WRITING TO THE SELLER WITHIN 3 DAYS OF RECEIPT OF THE PRODUCT.
4. TAXES: Unless otherwise noted, any applicable sales, use, excise, or any other taxes are not included in the proposal and will be invoiced as a separate line item. Buyer agrees to pay any and all applicable taxes. If Buyer possesses tax-exempt status, a certificate of resale or tax exemption is to be provided prior to order placement.

 

3. ADDITIONAL TERMS

 

1. WARRANTIES: Seller makes no warranties, express or implied, of product sold hereunder, including any warranty of merchantability or warranty that the product is fit for any particular purpose. Seller will identify all manufacturers’ warranties and will provide to Buyer reasonable assistance to permit Buyer to assert claims based upon such warranties directly to the manufacturer at Buyer’s expense.
2. ACTS BEYOND REASONABLE CONTROL: Seller shall not be liable for any delay or failure of delivery of any or all of the product that has been caused by acts of God or other delay beyond the reasonable control of Seller.
3. ENTIRE AGREEMENT: Unless otherwise agreed to in writing between Buyer and Seller, this document is intended by all parties as the final expression of their agreement and supersedes all other purchase orders or documents provided by Buyer.
4.  GOVERNING LAW, VENUE, AND PROCESS. The validity, construction, and enforcement of, and the remedies under, this Agreement shall be governed in accordance with the laws of Florida (except that if any choice of law provision under Florida law would result in the application of the law of a state or jurisdiction other than Florida, such provision shall not apply). The parties to this Agreement agree that jurisdiction and venue shall properly lie in the courts of the State of Florida in Pinellas County, with respect to any legal proceedings arising under or connected with this Agreement.
5. ATTORNEYS’ FEES. If any action is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses (including appellate fees and costs) in addition to any other relief to which such prevailing party may be entitled.
6. INTENDED USERS. Seller intends that all of the products require a user to be properly trained and a licensed professional in the tattoo industry in order to use the Seller’s product. The use of the products by an untrained individual will place such user at risk of injury and damage and is not an intended user of Seller’s product.
7.  All orders must be shipped to the Billing Address for Fraud Protection.
8. All Webinar Classes can only be refunded by contacting A+Ocean LLC at least 72 hours prior to the class. There are no refunds if the notification is not received and the Buyer Provides Proof of Cancelation confirmation via email from [email protected] . A+Ocean cannot be responsible for acts of God, Internet Connections, Browser Problems, Device or Computer issues. If these difficulties are experienced A+Ocean will provide a makeup date to attend the webinar or class. No refunds unless otherwise stated or approved by the corporation.
9. No Refund on any Raffle Purchase.
10. Due to high number of claims of non-delivery and fraud all orders are shipped signature required. The buyer agrees to make arrangements to accept delivery. There are no refunds and if the package is returned additional shipping charges will apply to re-ship the product.

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