Standard Terms and Conditions of Sale by yaoyufang

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									Standard Terms and Conditions of Sale

Returns
All returns must be authorized by The Nutty Irishman within 30 days of the invoice date. Within
thirty (30) days of purchase, we will replace or repair, at our sole discretion, any product that is
deemed defective. After 30 days, the manufacturer's warranty process must be followed.

All non-defective returns authorized by The Nutty Irishman are subject to a 15% restocking fee,
and must be returned within 30 days from date of invoice.

Warranty Information
You are entitled to the manufacturer's limited express warranty, if any, that accompanies the
product. The Nutty Irishman makes no additional or independent warranty. All other warranties,
express or implied, including the warranties of merchantability and fitness for a particular purpose
are disclaimed. The Nutty Irishman shall under no circumstances be liable for special, incidental,
or consequential damages including loss of profit, even if it has been advised of the possibility of
such damages; the maximum liability for all direct damages, if any, arising out of any action shall
be limited to an amount not to exceed the purchase price of the product.

Errors and Omissions
The Nutty Irishman makes every effort to ensure the accuracy of the information published in our
catalogs and on our Website(s). However, the documents and graphics published on this site
may contain inaccuracies or typographical errors. The Nutty Irishman makes no representations
about the suitability of the information and graphics presented on this site. All such documents
and graphics are provided "as is" without warranty of any kind.

If an error is made and a product is listed at an incorrect price, The Nutty Irishman shall maintain
the right to refuse or cancel any orders placed at the incorrect price. If the order has been
confirmed and charged to your credit card, The Nutty Irishman shall issue a credit in the amount
of the incorrect price.

Note: We do not guarantee The Nutty Irishman prices listed on other Web sites or price engines.

The Nutty Irishman Standard Terms of Sale
All sales are subject to the following terms and conditions:

       1. Customer Acknowledgment
        Customer acknowledges agreement with these Terms of Sale by the placement of an
        order to purchase a Product from The Nutty Irishman.
       2. All Sales Made In New New York
        All sales shall be deemed made in the State of New York, USA, regardless of the location
        of the Customer.
        The Customer agrees that any dispute with The Nutty Irishman arising out of the
        Customer's purchase from The Nutty Irishman shall be brought by the Customer
        exclusively in the state or federal courts situated in the State of New York; and the
        Customer hereby agrees that such venue is appropriate and that The Nutty Irishman's
        agreement to sell and deliver products to the Customer is dependent on this provision.
       3. Purchase Price
        (a) Prices are listed in The Nutty Irishman's catalogs and Web site, and are subject to
        change without notice. Prices for certain wholesales customers will be set forth in a
        separate written agreement between the parties.
        (b) Payment is due before shipment, unless credit terms have been arranged in advance
        with The Nutty Irishman's Credit Department. In such case, payment terms shall be as
        set forth in the credit agreement.
    (c) The Nutty Irishman shall not be liable for handling or customs charges for shipments
    outside the United States.
   4. Vendor License Agreements
    Customer agrees to abide by all copyright and license provisions imposed by the
    manufacturer or publisher of any products purchased from The Nutty Irishman.
   5. LIMITED MANUFACTURER'S WARRANTY
    (a) The Nutty Irishman warrants that it has good title to the Products it sells.
    (b) The Nutty Irishman does not warrant the performance or integrity of any Product, but
    merely passes through to the Customer whatever end-user warranty the manufacturers
    or software publishers provide with their respective Products.
    (c) The Nutty Irishman DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
    IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR
    PURPOSE.
   6. LIMITATION OF LIABILITY
    IN NO EVENT SHALL THE NUTTY IRISHMAN BE LIABLE FOR SPECIAL,
    INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
    LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE
    REMEDY IS STATED IN THE MANUFACTURER'S OR PUBLISHER'S END USER
    WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL THE NUTTY
    IRISHMAN'S LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE
    SPECIFIC PRODUCT PURCHASED FROM THE NUTTY IRISHMAN. SOME STATES
    MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR
    LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY.
    CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND
    REMEDIES THAT VARY FROM STATE TO STATE. THE FABRIC SOLD BY THE
    NUTTY IRISHMAN IS NOT APPROPRIATE FOR USE IN SLEEPWEAR.
   7. Returns
    Returns of Products are subject to The Nutty Irishman's current return policies, which are
    set forth in the catalogs, Web site, and shipping statement, subject to any additional or
    lesser return rights adopted by the manufacturer or publisher
   8. Exclusive Agreement
    These Terms of Sale represent the complete and final agreement between the Customer
    and The Nutty Irishman for the matters set forth herein, and shall be supplemented only
    by the prices, quantity, and descriptions set forth in The Nutty Irishman's invoice for the
    relevant sale. Terms contained in Customers' purchase orders, offers to buy, terms and
    conditions, and the like shall have no effect.
   9. General
    -(a) These Terms of Sale and any transactions made under them shall be interpreted by
    and be subject to the laws of the State of New York.
    -(b) In the event any section or portion of a section of these Terms of Sale are deemed
    unlawful or unenforceable, that section or portion of a section shall be stricken from the
    Terms of Sale, and the remaining terms shall continue in full force and effect.
    -(c) The Nutty Irishman shall not be responsible for damages or delays resulting from
    Acts of God, and from other actions, both governmental and otherwise, including but not
    limited to war, riot, seizure, and embargo.
    -(d) These Terms of Sale may be modified from time to time by The Nutty Irishman
    without notice, and are current as of the date of the then current catalog or Web site.
    Please refer to the current catalog or Web site.
   10. Shipping
    (a) All shipping of items will be via standard ground shipping

								
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