TERMS AND CONDITIONS OF SALE – Eureka Custom Design

PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.

THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

ALL ONLINE TRANSACTIONS AND SALES ARE SOLD THROUGH Eureka Custom Design

BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN Eureka Custom Design’s INVOICE DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND Eureka Custom Design HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.

Payment Authorization

I authorize Eureka Custom Design to charge any credit/debit card payments to my credit/debit card(s), and/or I authorize my bank to deduct any checking/savings payment(s) from my checking/savings account, on the payment date(s) indicated above.

Important Information

About These Terms and Conditions of Sale

These terms and conditions of sale constitute a binding contract between Customer and Eureka Custom Design. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on Eureka Custom Design ' Website (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.

These terms and conditions of sale constitute the entire agreement between Customer and Eureka Custom Design relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.

Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in Eureka Custom Design invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.

Governing Law

THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN BRAZORIA COUNTY, TEXAS AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN BRAZORIA COUNTY, TEXAS AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.

Title; Risk of Loss

If Customer provides Eureka Custom Design with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for Eureka Custom Design, title to products and risk of loss or damage during shipment passes from Eureka Custom Design to Customer upon shipment from Eureka Custom Design facility. For all other shipments, title to products and risk of loss or damage during shipment passes from Eureka Custom Design to Customer upon receipt by Customer. Eureka Custom Design retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

Return Policy

If your merchandise has been received, Please submit a written cancellation notice within 5 days AND call our shipping department at 1−877−414−0063 notify them of your refund request, please be sure to include the following information: order number, date of order, billing and shipping name and address. You may send this written request to [email protected] Custom Design. A 15% restocking fee will be charged to the credit card used for your order.

The cost of shipping a returned product is the responsibility of the buyer.

Pricing Information; Availability Disclaimer

All pricing is subject to change. Eureka Custom Design reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability and errors in advertisements. All orders are subject to product availability. Therefore, Eureka Custom Design cannot guarantee that it will be able to fulfill Customer’s orders.

Limitation of Liability

NEITHER Eureka Custom Design NOR ITS AFFILIATES WILL 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 THIRD PARTY. NEITHER Eureka Custom Design NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY Eureka Custom Design OR ITS AFFILIATES, NEITHER Eureka Custom Design NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.

Eureka Custom Design will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

Arbitration

Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Eureka Custom Design advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF Eureka Custom Design, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Houston, Texas. If arbitration is chosen by any party with respect to a Claim, neither Eureka Custom Design nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Houston, Texas. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Eureka Custom Design arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.

Acceptance of Orders

The purchaser agrees that the above prices and specifications are satisfactory and hereby accepted and that the credit card information above is true and accurate. Your signature below gives Eureka Custom Design the right to use your credit card for this and additional payments to your order. If a custom drawing is attached to this order, please inspect it carefully.

Payment Terms

The full balance is due with this order for all Eureka Custom Design items. The balance is due prior to shipping. All items shipped prepaid; shipping has been added to order.

Damaged Products

If Customer receives damaged products; please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original packaging and notify Eureka Custom Design immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify Eureka Custom Design Customer Relations at [email protected]. Custom Design of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for Eureka Custom Design to file a damage claim.