1. Payment Terms: Net amount of invoice in full prior to shipment of goods.
2. All Sales Are Final: No refund, credits, or exchanges.
3. Services: Any services requested of Palm Beach Antique & Design Center by purchaser and rendered by business independent of Palm Beach Antique & Design Center includes but not limited to restoration services, upholstery, fabric purchases, glass, mirrors, locksmiths and transportation, shall be the responsibility of the purchaser, Palm Beach Antique & Design is not responsible for any damage or delay caused by any third party pursuant to the request of the purchaser.
4. Shipment: Terms are F.O.B. our warehouse. Method and route of shipment are at our discretion, unless the purchaser supplies explicit instructions. All shipping costs and insurance are at the purchaser’s expense and risk.
5. Taxes: The amount of all city, state, and federal sales, revenue, excise or other taxes applicable to the merchandise listed herein shall be added to the purchase price and shall be paid by the purchaser. A Florida resale form (St-120) must be completed and signed if taxes are not applicable.
6. No Warranties: The merchandise is sold “as is”, “where is” NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTIES WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, USE OR OTHERWISE (EXCEPT AS TO TITLE) SHALL APPLY TO MERCHANDISE SOLD BY US, AND NO WAIVER, ALTERATION, OR MODIFICATION OF THE FORGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN EXECUTIVE OFFICER OR OUR CORPORATION.
7. Acceptance: Risk of Loss: Purchaser acknowledges that he/she has head a reasonable opportunity to inspect the merchandise. Acceptance of the merchandise shall be deemed to occur at our warehouse upon our putting the merchandise into the possession of the carrier. Risk of loss shall pass to the purchaser upon our putting the merchandise into the possession of the carrier.
8. Our Right of Possession: We shall have the right in addition to all others we may possess, at any time, for credit reasons or because of purchasers default or default , to withhold shipment, in whole or in part, and to recall goods in transit, retake the same, and repossessed all goods without the necessity of taking any other proceedings, and the purchaser consents that all merchandise so recalled, retaken or repossessed shall become our absolute property, provided that purchaser is given credit thereof.
9. Uniform Commercial Code: NO provision of this invoice shall construed as limiting, in any manner, any of the rights or remedies available to us under the Uniform Commercial Code as in force and effect in the State of Florida on the date of this invoice.
10. Controlling Provisions: These terms and conditions shall supersede any provisions, terms and conditions contained on any confirmation of order, or other writing the purchaser may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms and conditions hereof, except as may be agreed to in writing by the purchaser and us.