TapesSupply.com: Terms of Sale

Acceptance of Contract Terms
The following are terms of a legal agreement between you and Tapes Supply Company (hereinafter "Tapes Supply"). By accessing, browsing and/or using this web site or application published by Tapes Supply (hereinafter "Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. Provided you purchase any Goods, Products or Services from Tapes Supply by using this Site, your purchase will be governed by the applicable terms and conditions contained in this Legal Information page. Access to this Site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by TapesSupply.com on this Site. Tapes Supply reserves the right, at its sole discretion, to periodically revise these Terms of Access, Terms of Purchase, Terms of Tool and Repair Service, Supplier Terms and Code of Conduct and Terms of Registration.

  1. Products

Tapes Supply may discontinue any product at any time without notice. The product prices displayed on TapesSupply.com do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price.

  1. Price Errors

Our goal is a 100% error-free Web site. If product price errors are discovered, they are promptly corrected on our systems, and the corrected price will apply. TapesSupply.com will notify you if your order includes items that were incorrectly priced.

  1. Value Brand Products

The term "Value Brand" is used on TapesSupply.com for all items meeting or exceeding the specifications as listed on the respective Product Detail page. Value Brand items are manufactured by numerous companies whose company names may or may not be recognizable "brand names" to the consumer. The trademarks and/or trade names of the brand name companies referenced in the Product Detail page are used only to compare products of similar characteristics. Orders for Value Brand products may contain items manufactured by two or more companies.

  1. Orders

Orders are not binding upon TapesSupply.com until accepted. TapesSupply.com reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

  1. Payment

Payment can be made via MasterCard, Visa, American Express, Discover, and PayPal. Your credit card will be charged when your order is placed. TapesSupply.com also accepts purchase orders from customers who have received TapesSupply.com credit approval. To apply for TapesSupply.com credit, please call 1 (786) 477-3489. For customers who purchase on open account, TapesSupply.com reserves the right to add to your monthly balance a service charge of 1.5% per month (18% annual rate) on all amounts unpaid on the first day of the 2nd month following purchase. If the account is placed with a third party for collection, buyer agrees to pay all costs and expenses of collection, including the reasonable attorneys fees, in addition to the service charges stated above. TapesSupply.com requires customers with an open credit account to make $1,000 in purchases annually. TapesSupply.com reserves the right to revoke credit extensions and close credit accounts for those customers who do not maintain the minimum purchase volume or who do not pay within the assigned payment terms. Closing credit accounts or revoking credit extensions is standard practice for TapesSupply.com for customers with slow payment history. All TapesSupply.com customers are strongly advised to remit payments according to the payment terms assigned in order to maintain an open account status.

  1. Sales Tax

You are responsible for the payment of any state and local sales or use taxes that may apply to your order. The sales tax is calculated based on the full invoice price, and may include charges for shipping and handling, if required by law. By law, TapesSupply.com must collect sales tax for orders SHIPPED to the states of Florida.

  1. Delivery

If you order by 2 p.m. Eastern Standard Time, the in-stock items ordered will be shipped that day except holydays (Monday through Friday delivery days) via ground transportation to most locations. Upgraded shipping services (Next Day, 2nd Day) are available at an additional charge. TapesSupply.com may select an alternative shipper depending on the size and weight of your item. In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via the upgraded service and the backorder will ship via Ground service when stock is replenished. While TapesSupply.com will make every reasonable effort to ship your orders within these time frames, TapesSupply.com is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond TapesSupply.com's reasonable control. Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or this Web site caused by an event outside the direct control of TapesSupply.com, including without limitation, power outages or attacks on this Web site such as by persons known as "hackers."

  1. International Orders

TapesSupply.com order minimum for orders outside the 50 United States is $100.00 (U.S). Shipments to Alaska, Hawaii, other US Territories, Canada, and Mexico will be arranged and additional shipping charges will apply. For customers seeking to have tapes delivered to all other countries, TapesSupply.com will ship via DHL, UPS, FedEx or through a U.S.-based "Freight Forwarder" of the customer's choosing. Additional shipping charges will apply. The customer is responsible for payment of taxes, duties, tariffs and any other charges levied by government agencies. Payment must be made in full using a credit card or bank transfer at the time of shipment. Title and risk of loss of the products pass to the customer upon delivery at the "Freight Forwarder."

  1. Shipping & Handling Charges

A Shipping & Handling charge applies to all orders. Additional Shipping & Handling charges will apply to orders shipped outside the 48 contiguous states and to orders shipped via upgraded services (Next Day, 2nd Day, etc). In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via the upgraded service and the backorder will ship via Ground service when stock is replenished. Shipping & Handling charges, along with any charged Freight, are non-refundable in occurrences where TapesSupply.com has made no error in merchandizing or shipping.

  1. Warranties

All products are sold "as is," and TapesSupply.com disclaims all warranties of any kind relating to the products or use thereof, express or implied, including warranties of merchantability, non-infringement, title or fitness for a particular purpose. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.

  1. Feedback, User Comments, and Other Submissions

If, at TapesSupply.com request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that TapesSupply.com may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. TapesSupply.com is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. TapesSupply.com may, but have no obligation to, monitor, edit or remove content that TapesSupply.com determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. TapesSupply.com takes no responsibility and assume no liability for any comments posted by you or any third-party.

  1. Promotional Codes

Promotional codes are valid only during the time period stated in the offer, must be used at the time of purchase, and cannot be used on past orders. Only one promotional code can be used per order and cannot be combined with commercial pricing, or clearance/discontinued items.

  1. Limitation of Liability

To the maximum extent allowed by law, TapesSupply.com shall not be liable for any special, consequential, exemplary or incidental damages (including lost or anticipated revenues or profits relating to the same), arising from any claim relating to these Terms of Sale, this Web site, the catalog, product(s) or order(s), whether such claim is based on warranty, contract, tort (including negligence or strict liability) or otherwise. In no event will the collective liability of TapesSupply.com exceed the amount you have paid to the company for the applicable order or product out of which liability arose. These limitations shall apply notwithstanding any failure of essential purpose of any remedy. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

  1. Optional Tools

TapesSupply.com may provide you with access to third-party tools over which TapesSupply.com neither monitor nor have any control nor input. You acknowledge and agree that TapesSupply.com provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. TapesSupply.com shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). TapesSupply.com may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

  1. Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. TapesSupply.com are not responsible for examining or evaluating the content or accuracy and TapesSupply.com do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. TapesSupply.com are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  1. Severability

If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.

  1. Governing Law

These Terms of Sale shall be governed by and construed in accordance with the laws of the Commonwealth of Florida, applicable to contracts made, and to be enforced wholly within the Commonwealth of Florida.

  1. Arbitration

Any dispute or disagreement arising out of these Terms of Sale, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Miami, Florida.

  1. Jurisdiction & Venue

You and TapesSupply.com (collectively the "Parties" individually a "Party") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Sale must be brought solely and exclusively in the federal or state courts of the Commonwealth of Florida located in the City of Miami, Florida, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.

  1. Waivers & Amendments
The waiver by either Party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in a writing signed by the Parties.

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