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Terms

STANDARD TERMS AND CONDITIONS APPLYING TO ALL SALES

All sales by Media Bros LLC (Seller) are expressly conditioned upon the terms and conditions set out below. Any additional or different terms or conditions in any previous or later communication from Purchaser, any course of dealing, or any custom; including but not limited to any purchase order, change order, or remittance advice; is hereby objected to by Seller. Terms additional or different from those set out in this document (except product descriptions, prices, and similar transaction specific terms) will have no force or effect unless set out in a written document, unequivocally expressing Seller’s agreement to those terms, signed by a representative of Seller with authority to do so.

 

PRICES

Unless otherwise specifically agreed to in writing, all quotations shall expire thirty (30) days after issuance, and prices are subject to change at any time without notice. Prices do not include sales, use, excise, value added, or other taxes. Where applicable, such taxes shall be paid by Purchaser. References to “freight allowed” relate only to the specified items and quantities clearly so identified in a writing signed by Seller.

 

PAYMENT TERMS

Payment is required at the time of order or in advance of shipment unless Purchaser has submitted and Seller has approved an application for credit, associated credit agreement, and any required personal guaranties. Regardless of the existence of any other agreement, Seller may require full or partial payment, or other reasonable assurances of Purchaser’s intent and ability to fully perform its obligations, as a condition of further performance if Seller has reasonable grounds to fear that Purchase may not fully perform its obligations. Unless otherwise agreed by Seller in writing, all payments on credit purchases are due on or before the 25th day of the month following the month of each purchase. To the extent allowed by Seller in its absolute discretion (normally by indication on an invoice), payment received on or before the 10th day of the month following the month of purchase may qualify for a discount. All amounts not paid on or before the due date will be deemed PAST DUE and shall accrue a finance charge of 1 1/2% per month or, if a lesser rate is required by law, the highest rate allowed by law. No payment by asserted offset or set-off shall be valid.

 

INVOICES

All invoices and monthly statements issued by Seller shall be conclusively deemed to be accurate except to the extent Purchaser notifies Seller of any error, in writing, within I0 days of receipt.

 

DELIVERY

Unless otherwise agreed in writing, all sales are made F.O.B. point of shipment with freight allowed to the common free delivery point nearest the destination, or a designated port for shipments overseas, within the continental United States. Title and risk of loss shall pass to Purchaser upon the earlier of: (1) Seller’s delivery to Purchaser; (2) receipt by the first carrier for transport to Purchaser where being delivered by a party other than Seller; or (3) receipt by the first carrier for transport to Seller where Seller will be performing storage, fabrication, kitting and/or other warehousing services on Purchaser’s behalf (i.e., prior to ultimate delivery to Purchaser). Purchaser is responsible for all aspects of unloading and storing of all materials upon delivery. Any shipping or delivery dates given by Seller are approximate; are provided only for the convenience of Purchaser; and are conditioned upon the prompt provision of all necessary information by Purchaser, the ready availability of raw materials and components, normal labor relations, and customary times for manufacture. Seller shall not be liable for any delay in delivery of any kind, regardless of cause or extent. All sales are contingent on the ability of Seller and its suppliers/manufacturers to secure associated products and raw materials.

 

WARRANTIES AND DISCLAIMERS

All sales are “as is.” Materials sold by Seller are the products of others. Seller agrees to use reasonable efforts to help Purchaser obtain from each manufacturer, in accordance with each manufacturer’s warranty, the repair or provision of replacement products, or components of products, that may prove defective in material or workmanship. That obligation shall constitute the sole obligation of Seller, and Purchaser’s sole remedy against Seller, with respect to any defective or nonconforming materials. Except as to title, Seller makes NO WARRANTIES of any kind, express or implied. In particular, Seller makes NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PURPOSE, including any warranty of compliance with any plans or specifications.

 

LIMITATION OF LIABILITY

Seller shall not be liable to Purchaser or any other party for any consequential, incidental, or special damages of any kind, including but not limited to labor charges or lost profits, under any circumstances. In all events, Seller’s maximum liability for all claims or set of related claims arising from a purchase shall be the purchase price of the materials found to be defective, non-conforming, or otherwise not provided in accordance with Seller’s obligations. If only a replaceable component of any item is defective or non-conforming, Seller’s liability is limited to the cost of a replacement or reasonably allocated portion of the purchase price of any relevant component part or parts, whichever is less.

 

MOBILE TERMS OF SERVICE

The Media Bros mobile message service (the "Service") is operated by Media Bros (“Media Bros”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Media Bros’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Media Bros through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Media Bros. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18779153297 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Media Bros mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18779153297 or email info@mediabros.store.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

CHANGES AND CANCELLATIONS

Any request by Purchaser to cancel all or any portion of an order, or for any changes of any kind, must be made in writing and will be effective only if evidenced by a written document, signed by an authorized representative of Seller, unequivocally evidencing an intent to accept the relevant cancelation or change. Acceptance of any requested cancellation or change is subject to Seller’s absolute discretion and may be conditioned upon adjustment of prices, schedules, and other terms and/or upon the payment of one more restocking or other charges.

 

RETURNS

Materials considered by Seller to be stock items may be returned only in accordance with Seller’s current Returned Goods Policy and upon payment of restocking changes. Specially manufactured goods may not be returned.

  

DISPUTES

Regardless of legal theory, any claim against Seller must be brought in an appropriate court no later than one year (or the shortest time allowed by law if longer) after acceptance of the relevant materials. If any legal proceeding is brought to determine, interpret, or enforce any rights as between Seller and Purchaser, or in any other way relating to any sales made by Seller, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and related expenses of litigation (including, but not limited to, consultant and expert witness fees, charges for non-lawyer legal staff, investigator’s charges, transcripts and other deposition expenses, the cost of title reports and asset searches, and travel expenses for witnesses and others) in amounts to be set by the court, in the trial court and on appeal, in addition to costs and disbursements allowed by law. The parties’ relationships are controlled by, and all agreements are to be interpreted and enforced in accordance with, only the laws of the State of Oregon, excluding any provisions regarding conflict of laws. Venue for any legal proceeding relating in any way to Seller or any sales made by Seller shall exclusively be Multnomah County, Oregon.

 

FORCE MAJEURE

Seller shall not be liable for any delay, impairment, or prevention of Seller’s performance, in whole or in part, due to any event, circumstance, or occurrence that is not within Seller’s control, including, but not limited to, acts of God, labor disruptions, acts of war, acts of terrorism (actual or threatened), governmental decrees or controls, imposition of or changes to tariffs or duties, changes to commodity markets, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship products or obtain permits or licenses, inability to procure supplies or raw materials, severe weather, catastrophic events, or any other event, circumstance, or cause beyond Seller’s control within the normal conduct of its business (collectively, “Force Majeure”). If Seller’s performance is so delayed, impaired, or prevented by Force Majeure, Purchaser agrees that Seller may, at Seller’s option: (i) suspend or terminate performance; and/or (ii) increase pricing and/or schedules for delivery or performance, in each case, without liability or penalty to Seller.




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