RESCUEHER Terms and Conditions
Please review the following terms and indicate your agreement below:
All sales made by RESCUEHER, LLC (“Seller”) to you (“Customer”) are governed by the below Terms and Conditions of Sale unless otherwise indicated by RESCUEHER, LLC in writing. PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. RESCUEHER, LLC RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION.
Sale is contingent on customer’s acceptance of Terms and Conditions. These Terms and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer’s purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller and Customer.
You must be a qualified Distributor, Retailer or Manufacturer to purchase directly from RESCUEHER, LLC. Accounts may only resell RESCUEHER, LLC products that have been embellished or decorated. RESCUEHER, LLC products may not be sold as is.
All orders are subject to acceptance by RESCUEHER, LLC. All closeout and special order or custom order sales are final. No customer deductions are allowed for shipping charges. RESCUEHER, LLC, in its sole discretion, shall determine the channels of distribution of its products and therefore, in addition to other rights it may have, RESCUEHER, LLC reserves the right to refuse to supply product to certain Customer locations.
TERMS OF PAYMENT
F.O.B. shipping point. Seller accepts Visa/Mastercard or American Express. Net terms will be accepted with pre-approved credit upon credit terms determined by Seller. Custom orders require different payment terms, as specified below. Pre-paid orders will be charged in full upon first shipment, even if multiple shipments may occur. Payment for ordered goods is due and payable pursuant to these terms and conditions. A service charge of 1.5% per month, or the maximum permitted by law, will be charged on all payments for goods not received within the number of days specified on the invoice. Customer shall be responsible for all costs, expenses, collections agency commissions, and reasonable attorney’s fees that RESCUEHER, LLC may incur in the collection of any past due invoices. Cancellations may affect volume discounts and may be subject to processing fees. RESCUEHER, LLC, in its sole discretion, may terminate Customer’s account at any time should Customer breach any of the terms and conditions contained herein.
NO MODIFICATIONS OR CANCELLATIONS WILL BE ALLOWED ONCE ORDER CONFIRMATION HAS BEEN SIGNED AND MERCHANDISE HAS ENTERED PRODUCTION.
Seller will revise ship date as delays occur. Customer must accept units that are +/- 5% of the unit amount ordered for all customized or personalized orders or products specifically made or otherwise customized for Customer. Customer will be billed for actual quantity shipped. All shipping costs are the responsibility of Customer, FOB Location specified on order confirmation. All custom order sales are final, based on approval of pre-production sample. No returns of custom merchandise are allowed. Customer shall assert claims for shortages or defective merchandise in accordance with the Terms and Conditions of Sale within 7 days of receipt of goods by the Customer. Shipment and receipt dates quoted to Customer will be approximate and are not guaranteed. Seller will not be liable for delays arising or resulting from customs inspection, clearance, or acts of omission by Customer.
Prices are subject to change without notice. RESCUEHER, LLC reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes, or fabrics. Customer must notify RESCUEHER, LLC in writing within 30 days after receipt of an invoice of any price disputes. If customer fails to notify RESCUEHER, LLC within such 30 days, any and all claims or controversies brought by Customer and relating to such price dispute shall be deemed waived.
PRE-AUTHORIZATION OF CREDIT AND DEBIT CARDS
Please note, when paying for an order with a credit or debit card, RESCUEHER, LLC will pre-authorize your card for the portion of your order that is shipping, along with applicable estimated freight and sales tax, prior to processing your order. The full amount will then be charged to your card once your order ships. Pre-authorizations reserve the total dollar amount on your credit card (or funds available through your debit card) to pay for your order. Pre-authorizations will drop off of your account within 1-7 days, depending on your card issuer.
Customer is responsible for all shipping and freight charges; the default delivery method is FOB unless otherwise specified. RESCUEHER, LLC will bill Customer for shipping charges on invoices using default delivery method and Customer agrees to pay those charges. Orders are normally shipped by Federal Express. Seller will ship using a carrier designated by Customer upon request. However, if a carrier designated by Customer charges Seller for such charges due to the Seller having an invalid or delinquent account, the amount of such charge plus a $25.00 handling fee will be billed to Customer and payable upon receipt. Seller will not be responsible for shipping delays caused by a carrier. Shipping charges may be billed separately on credit card orders.
Customer assumes the risk of damage to or loss of the product in delivery by RESCUEHER, LLC to Customer. Customer must note any product damage or loss to carrier on carrier’s delivery receipt and notify carrier within 7 days of discovery of any such damage or loss. Customer must report all concealed shortages or overages to the RESCUEHER, LLC Customer Service Department within 7 days of discovering such shortage or overage. Customer must provide RESCUEHER, LLC with an invoice number or order number, as well as a list of the products at issue, itemized by product code, size and quantity.
Authorized returns must be made within 7 days after Customer’s receipt of merchandise. All returned merchandise must be accompanied by a Return Merchandise Authorization Number (RMA#). All returns and exchanges will be subject to a 20% restocking fee in addition to freight. Returns will not be accepted on merchandise that has been altered or modified in any manner. Customer will be responsible for all freight and shipping charges on items returned that are not the result of Seller’s error. All sales are final on closeout items; returns are not accepted on closeout items under any circumstances. Seller adheres to industry-wide standards for tolerances on each point of measure. Refer to approved spec sheet by style for this information. Seller also adheres to industry-wide standards on piece dye tolerances. All custom dye colors will be within industry-wide standard tolerance of +/- 15% Seller’s shade band standard.
LIMITATION OF LIABILITYIN NO EVENT SHALL RESCUEHER, LLC BE LIABLE TO THE CUSTOMER FOR ANY LOSS OF PROFIT, INTERRUPTION OF BUSINESS OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING IN CONTRACT, IN TORT, UNDER WARRANTY OR OTHERWISE, EVEN IF RESCUEHER, LLC HAS BEEN APPRAISED OF THE POSSIBILITY OF SUCH DAMAGES.
RESCUEHER, LLC shall not be liable for any failure or delay in delivery or in its performance under these terms and conditions due to any cause beyond RESCUEHER, LLC’s reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, labor difficulties, supplier failures, unavailability of materials, or governmental acts.
These terms and conditions shall be deemed to have been entered into in the State of Nevada and shall in all respects be interpreted, enforced and governed under the laws of the State of Nevada without regard to principles of conflicts of Law. The Customer hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the courts of the State of Nevada and of the United States of America located in the State of Nevada, for any and all claims arising from or related to these terms and conditions. Any action by Customer for breach of contract must be commenced within one year from the merchandise ship date. Any modification, supplement, or amendment of these terms and conditions shall be made in writing by RESCUEHER, LLC.