General
These General Terms and Conditions of Sales (“Terms”) will apply to every order placed with KPACK INC, a California corporation (“K Pack”) by each of its customers (“Customer”). K Pack will not be bound by any conflicting terms set forth in Customer’s orders to purchase. Customer shall be deemed to have agreed to these Terms upon accepting delivery of any product shipped by K Pack. K Pack shall not be liable for delay or failure in delivery for any reason. All orders are subject to product availability. K Pack may change its pricing and product offerings at any time without prior notice to Customer, but such changes shall not affect any accepted orders. All prices are exclusive of taxes and all shipping or other charges.
Payment
Upon credit approval by K Pack, payment terms will be as set by K Pack. Orders may be subject to payment in advance, by credit card or cash on delivery. Late payments are subject to an a late charge of 2% per month, but not to exceed the maximum permitted by law. In the event of a payment default, Customer will be responsible for all of K Pack’s costs of collection, including court costs, filing fees and attorney’s fees.
Returns and Disclaimer of Warranty
No returns are permitted, except for shipment errors or material defects, upon advance approval by K Pack. Customer’s sole and exclusive remedy for any product defects shall be the refund of its payment for such products. K PACK EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Taxes
Customer is responsible for, and will indemnify and hold K Pack harmless from, any applicable sales, use, transaction, excise or similar taxes associated with any order. Customer must claim any exemption from such taxes, fees or charges and must provide K Pack with the necessary supporting documentation at the time of purchase. Any sales, use or other applicable tax is based on the location to which the order is shipped.
Applicable Law and Venue
The validity, interpretation and performance of these Terms shall be governed by and construed under the applicable laws of the State of California, as if performed wholly within the state and without giving effect to the principles of conflict of laws. All disputes arising from or related these Terms shall be heard by a court of competent jurisdiction in the County of Los Angeles, California. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Entire Agreement
These Terms constitute the entire agreement with between K Pack and Customer with respect to the subject matter of this document, and no representation, understanding, promise, or condition shall be binding upon them unless set forth herein.