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Limitation of liability marrydolls.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if marrydolls.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical errors While marrydolls.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. marrydolls.com cannot confirm the price of an item until after you order. In the event that an items listed at an incorrect price or with incorrect information due to an error in pricing or product information, marrydolls.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, marrydolls.com may, at our discretion,either contact you for instructions or cancel your order and notify you of such cancellation.
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Different pricing currencies Pricing of products sold by marrydolls.com is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotion alp ages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to marrydolls.com, excluding shipping.
1. TERMS AND CONDITIONS TO GOVERN - These terms and conditions represent the final and complete agreement of the parties and no terms or conditions in anyway modifying or changing the provisions stated here in shall be binding upon Our Company unless made in writing and signed and approved by an officer or other authorized person at Our Company. No modification of any of these terms shall be modified by Our Company's shipment of goods following receipt of Buyers purchase order, shipping request or similar forms containing printed terms and conditions additional to or in conflict with the terms herein. If any term, clause or provision is declared to held invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained.
2. ACCEPTANCE OF ORDERS - All orders are subject to written price verification by authorized Our Company personnel unless designated in writing to be firm fora specified period of time. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order.
3. SUBSTITUTION -Our Company reserves the right, without prior notification, to substitute an alternative product of like kind, quality and function. If the Buyer will not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the buyer requests a quote, if such request for quote is made, or, if no request for quote was made, when placing an order with the Our Company.
4. PRICE - Prices quoted, including any transportation charges, are valid for 10 days unless designated as firm for as pacific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized personnel of Our Company. A price designated as firm for a specific period may be revoked by Our Company if there vocation is in writing and is mailed to the Buyer prior to the time a written acceptance of the price is received by Our Company. All prices and deliveries are F.O.B.shipping point.Our Company reserves the right to cancel orders in the event selling prices which are lower than prices quoted are established by government regulations.
5. TRANSPORTATION - Unless other wise provided, Our Company shall use it judgment in determining carrier and routing. In either case, Our Company shall not be liable for any delays or excessive transportation charges resulting from its selection.
6. PACKING - Unless other wise provided, Our Company will comply only with it is minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by Buyer will be paid for by Buyer. All cost of packing and shipment for Buyer's special equipment shall be paid for by Buyer.
7. PAYMENT TERMS - The discount applies only to the invoiced value of the material (not to taxes or freight charges).Our Company reserves the right to require advance payment or satisfactory security for the goods if the financial condition of Buyer so warrants as determined by Our Company. If Buyer fails to make payment in accordance with terms of this agreement or any collateral agreement, or fails to comply with any provisions hereof, Our Company may, at its option (and in addition to other remedies), cancel any unshipped portion of this order. Buyer is to remain liable for all unpaid accounts.
8. TAXES AND IMPORT/EXPORT LICENSES -Prices do not include taxes. Taxes are paid by Buyer upon invoice from Our Company unless Buyer provides a valid exemption certificate acceptable to the taxing authority or unless Our Company's forbidden by law from collection of said taxes from Buyer. Import or export licenses are to be secured by Buyer.
9. TITLE AND RISK OF LOSS - Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against Our Company for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Our Company in the condition claimed. Not with standing passage of the risk of loss to Buyer,title and right of possession to the goods sold here under shall remain with Our Company until all payments here under, including deterred payments evidenced by notes or other wise, Interest, carrying charges, and attorneys' fees, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in Our Company.
10. RETURN OF PRODUCTS -See the "Return Policy"
11. FORCE MAJEURE -Our Company shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability too brain raw materials (including energy sources),components, labor, fuel or supplies; or other circumstances beyond Our Company's reasonable control,whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. Our Company may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users there of in any manner which we deems fair and reasonable. In no event shall Our Company be liable for special or consequential damages for any delay for any cause.
12. REASONABLE ATTORNEY'S FEES - In the event suit or other proceedings shall be brought for the recovery of the purchase price, or any unpaid balance, or the breach by Buyer of any term here in contained, Buyer shall pay to Our Company, in addition to any damages proved by law, reasonable attorney's fees and costs of collection.
13. LIABILITY - Our Company shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products,either singularly or in combination with other products, arising out of acceptance of this order. Our Company shall have no liability for errors in weight or quantity delivered unless claim is made by Buyer within five (5) days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Our Company inthe condition claimed. If such timely claim is made by Buyer, and the claim is deemed valid by Our Company, Our Company may fulfill its responsibility by either shipping the quantity necessary to make good the deficiency, or at Our Company’s option, crediting Buyer with the invoice price of the deficiency.
14. WARRANTY - All goods sold by Our Company are warranted to Buyer to be free from defects in material and workmanship, and manufactured in accordance with industry standards. Therefore going warranty is non-assignable and in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or other wise including but not limited to any implied warranties of merchant ability or fitness. No agent, employee, or representative of Our Company has any authority to bind Our Company to any representation, affirmation, or warranty concerning the goods and any such representation, affirmation, or warranty shall not be deemed to have become apart of the basis of this agreement and shall be unenforceable. Any claimed defect in material or work man ship shall be deemed waived by Buyer unless submitted to Our Company in writing within five (5) days from the date the goods are received by Buyer. Our Company shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods.Our Company disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. This warranty is in lieu of and excludes all other warranties, whether express, implied, or statutory,including implied warranties of merchant ability or fitness.
15. REMEDIES AND LIMITATION OF LIABILITY -Our Company shall not be liable for incidental or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling or use of the goods, or from any other cause relating thereto. Our Company's liability, in any case, including for claims of breaches of warranty or negligence is exclusively limited, at Our Company's option, to the replacement of goods not complying with this agreement, the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods, or repairing or arranging for repair of the goods. If Our Company requests the return of the goods, the goods will be redelivered to Our Company in accordance with Our Company's instructions. The remedies contained in this paragraph constitute the sole recourse of Buyer against Our Company for breach of any of Our Company's obligations, whether of warranty or otherwise. As long as Our Company makes a good faith effort to rectify any breach, the remedies provided for herein shall be deemed satisfied.
16. SELECTION - Buyer represents that the goods sold here under are fit for their actual or intended use and that Buyer placed no reliance on Our Company's skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. Buyer represents that the use and installation of the goods shall be made in compliance with all applicable government requirements. Buyer will defend, indemnify and hold harmless Our Company, its successors,assigns and subsidiaries from and against all costs (including attorneys), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed Our Company for any alleged violation of any federal, state or local law, rule, regulation or standard, by reason of or in connection with any use of the goods delivered here under.
17. DISPUTE RESOLUTION CLAUSE AND APPLICABLE LAW - Any dispute, controversy, difference or claim arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
The Law of this arbitration clause shall be the law of the place where the contract was signed.
The arbitration proceedings shall be concluded in English.
18. LANGUAGE AND CORRESPONDING TEXT -This agreement has been written in the English language and,If the event of any conflict, the different meanings or contradictory between the English-language version and any translation hereof, the English language version shall prevail.
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