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This site is owned and operated by Bamboo54 Inc.. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Bamboo54 Inc., Copyright © 2005-2006, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Bamboo 54 Inc. or their respective content providers. All software used on the site is the sole property of Bamboo54 Inc. or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Bamboo54 Inc.'s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Bamboo54 Inc. are registered trademarks, trademarks or service marks of Bamboo54 Inc. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Bamboo54 Inc. All other trademarks or service marks are property of their respective owners. The use of any Bamboo54 Inc. trademark or service mark without Bamboo54 Inc.'s express written consent is strictly prohibited.
The use of this site is governed by the policies, terms and conditions set forth above. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Bamboo54 Inc.. indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Bamboo54 Inc. Bamboo54 Inc. reserves the right to make changes to this site and these terms and conditions at any time.
CONTRACT
This instrument confirms the terms and conditions of the sale of goods described on the face hereof. In the event that any document or writing states terms additional to or different from the terms and conditions of this instrument, then this instrument will supersede, and be deemed a notification of objection to, such additional and/or different terms. The customer's presentation of this instrument to Bamboo54 Inc. will be deemed an acceptance of all the terms and conditions contained in this instrument.
PRICES
Prices do not include export duties, special handling, shipping or freight charges or sales, use, license, excise or other taxes with respect to the manufacture, sale or delivery of goods, some of which are the sole responsibility of the customer. The prices stated on the face hereof are subject to adjustment to Bamboo54 Inc.'s schedule of prices in effect at the time of each shipment.
TERM/PAYMENT (A) C.O.D.
Unless otherwise agreed by Bamboo54 Inc. and the customer, or unless prepaid, all orders will be shipped C.O.D. All carriers charge an additional charge for handling C.O.D. shipments, which charge will be the sole responsibility of the customer. (B) Other. Any other methods of payment will be in accordance with Bamboo54 Inc.'s payment policies. Any credit sale is subject to the approval of Bamboo54 Inc.'s credit department. A finance charge equal to the highest amount allowed by law will be added to the amount due on all invoices that are not paid within the stated time. All payments will be made in United States currency. If the customer fails to comply with any of the terms or conditions of this instrument, Bamboo54 Inc. may hold further deliveries. Bamboo54 Inc. may suspend performance or require cash payment or C.O.D. or adequate security, at any time when, in Bamboo54 Inc.'s sole and absolute discretion, the financial condition of the customer or other factors warrant such action.
DESIGN AND OTHER CHARGES
Bamboo54 Inc. reserves the right to alter, change or modify the design and/or construction of any goods without notice and without incurring any obligation to furnish or install such alterations, changes or modifications on goods previously or subsequently sold.
SHIPMENTS AND DELIVERY
Unless otherwise agreed in writing by Bamboo54 Inc. and the customer, shipments will be made via the most reasonable methods as determined in the sole and absolute discretion of Bamboo54 Inc.. Bamboo54 Inc. will have the sole and absolute discretion to select the method of shipment, routing of shipment, point of origin of shipment and selection of carrier. F.O.B. point of origin shipment. Shipping and delivery dates given by Bamboo54 Inc. are estimates only, based on factors in existence at the time such estimates are made. Each delivery will be deemed to be a separate sale and the customer will make payment on partial deliveries. Bamboo54 Inc. will not be liable for damages due to the delay in, or the inability to complete, the manufacture and delivery of goods due to labor difficulties, weather, Acts of God, governmental acts or regulations, shipping delays, inability to obtain equipment or material from the sources of supply, or any other cause whatsoever beyond the reasonable control of Bamboo54 Inc.. The customer will pay Bamboo54 Inc. reasonable storage and handling charges for any shipments that are delayed on account of the customer and will be responsible for initiating and processing all claims directly with the carrier. All orders placed via the internet, shipping charges will be added to order before shipping of order.
AIR SHIPMENTS
Unless otherwise noted, customer will accept all charges that are applied with a 3 Day Select, 2nd Day Air, or Next Day Air Shipment and all additional charges that might apply to that shipment. Customer must notify Bamboo54 Inc. if customer is to be notified of price of shipping charges before order is shipped. If not noted, customer will be responsible for all charges.
TRUCK & COMMON CARRIER
Certain products can only be shipped via Common Carrier. Customer MUST advise Bamboo54 Inc. regarding any special delivery arrangements required. Common Carrier Trucks typically require dock high delivery points or are to curbside. Please advise at time of order if the following apply: Residential Delivery, liftgate required, inside delivery, special elevator restrictions, appointments for delivery scheduling, more than one person to unload, or any other circumstances that might affect your delivery. Additional charges may apply depending on your needs. Truck deliveries cannot be guaranteed for a specific date, but Bamboo54 Inc. will do all that it can to assist you in arranging your delivery. Please count and inspect all packages at time of delivery and note any damage or shortages on bill of lading at time of receipt in order to preserve your right to to file a claim with the freight company.
DAMAGES AND RISK OF LOSS
All risk of loss or damage and all incidents of title and ownership will pass to the customer when Bamboo54 Inc.'s delivery of the goods to the carrier (F.O.B. point of origin of shipment) even though Bamboo54 Inc. may have selected the carrier. In no event will Bamboo54 Inc. be liable for any loss or damage, including but not limited to lost profits or incidental or consequential damages, that result after Bamboo54 Inc. delivers the goods. For any such loss or damage, Bamboo54 Inc. will have no responsibility whatsoever and the customer will be responsible for initiating and processing all claims directly with the carrier.
LIEN AND SECURITY INTEREST
The customer hereby grants to Bamboo54 Inc. a lien and a purchase money security interest in all the goods purchased hereunder, as well as all additions and accessories attached to such goods, and all proceeds therefrom, as security for any balance owing with respect to such purchase. Upon Bamboo54 Inc.'s request, the customer will promptly execute and deliver to Bamboo54 Inc. a financing statement and any additional documents to evidence said lien or security interest.
CANCELLATIONS OR RETURNS
The customer may cancel orders for, or make returns of, goods purchased under this instrument only upon submitting a request for cancellation or return to Bamboo54 Inc. and obtaining the consent of Bamboo54 Inc. for same. All cancelled orders will be given a cancellation number at the time of Bamboo54 Inc.'s acceptance of cancellation. Customer must keep that number for reference should order be inadvertently shipped. All merchandise returned must also be assigned a Return Authorization (RA) number. Bamboo54 Inc. does not accept collect shipments. Any such cancellation or return will be subject to Bamboo54 Inc.'s cancellation and return policies in effect at the time of such cancellation or return, including but not limited to Bamboo54 Inc.'s restocking charges which currently are equal to 20% of the cost of the goods and Bamboo54 Inc.'s requirement that any return must be in its original packaging and must be made no later than fourteen (14) day after Bamboo54 Inc. delivers the goods to the customer or the carrier, or mails the invoice, whichever first occurs. Special ordered, custom, obsolete or non-current goods may not be returned and orders for the same may not be cancelled. Any orders that Bamboo54 Inc. agrees will be cancelled and any goods that are accepted for return will entitle the customer to an exchange for other goods or a credit against future purchases; no refunds will be given.
ACCEPTANCE
All goods sold pursuant to this instrument are subject to inspection by the customer promptly upon the customers receipt and, unless Bamboo54 Inc. is advised in writing to the contrary, such goods will be deemed to be accepted as conforming with the requirements of this instrument and free from all discoverable defects. If the customer finds the goods to be non-conforming, the customer must promptly so advise Bamboo54 Inc. in writing, specifying all claimed defects or non-conformities and the customer will give Bamboo54 Inc. an opportunity to investigate.
LIMITED WARRANTY
Bamboo54 Inc. warrants that all of the goods manufactured by it are free from manufacturing defects in material and workmanship. Bamboo54 Inc. represents that it has inspected in a reasonable manner all components manufactured by others and used in Bamboo54 Inc. goods and Bamboo54 Inc. warrants that those components are free from manufacturing defects in material and workmanship that are detectable by such reasonable inspection. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. INCLUDING BUT NOT LIMITED TO THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING WARRANTIES ARE VOID IF THE GOODS HAVE NOT BEEN USED, CARED FOR AND MAINTAINED IN ACCORDANCE WITH Bamboo54 Inc.'S WRITTEN INSTRUCTIONS ACCOMPANYING THE GOODS OR IF THE GOODS HAVE BEEN OTHERWISE UNREASONABLY USED, NEGLECTED, MISHANDLED, OR IMPROPERLY SERVICED OR STORED OR IF THE GOODS HAVE BEEN DAMAGED BY ACCIDENT OR OTHER CASUALTY. No employee or representative of Bamboo54 Inc. has authority to bind Bamboo54 Inc. to any representation, promise or warranty concerning the goods. Unless a representation, promise or warranty is set forth in this instrument it is not enforceable by the customer. THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AGAINST Bamboo54 Inc. FOR BREACH OF ANY WARRANTY WILL BE FOR THE REPAIR OR REPLACEMENT AT Bamboo54 Inc.'S OPTION, UPON THE CUSTOMER'S RETURN AT THE CUSTOMER'S COST, TO Bamboo54 Inc. OF THE GOODS. NO OTHER REMEDY, INCLUDING BUT NOT LIMITED TO COMPENSATION FOR PROPERTY DAMAGE, LOST PROFITS, LOST SALES, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WILL BE AVAILABLE TO THE CUSTOMER. Claims under the foregoing warranties must be made by obtaining the prior Return Authorization (RA) and shipping instructions of Bamboo54 Inc. and returning the defective goods in accordance with Bamboo54 Inc.'s policies then in effect. This paragraph constitutes the complete and final expression of any and all warranty agreements between Bamboo54 Inc. and the customer notwithstanding any usage of trade, course of dealing or documents sent to Bamboo54 Inc. by the customer.
INDEMNITY
If Bamboo54 Inc. manufactures or modifies any goods in accordance with the customer's requests, plans or specifications, the customer will indemnify and hold Bamboo54 Inc., its agents, officers and employees, harmless from and against all liabilities, losses, claims, causes of action, penalties and expenses, including but not limited to attorney's fees and court costs, imposed on, incurred by or asserted against Bamboo54 Inc., its agents, officers or employees,, on account of bodily injury or death or property damage or destruction or on account of infringement of any patent, design, copyright, trade name or trademark, existing or hereafter issued, directly or indirectly arising out of such requests, plans or specifications or out of any alleged breach by Bamboo54 Inc. of any implied or express warranty (except for the limited warranties specifically set forth in this instrument). The provisions of this paragraph are expressly made for the benefit of Bamboo54 Inc., its agents, officers and employees and its successors and assigns, and will continue in full force and effect not withstanding the termination of this instrument.
WAIVER
The waiver by Bamboo54 Inc. of any term or condition of this instrument will not be construed to be a waiver of any other term or condition hereof, nor will such waiver of a subsequent breach of the same term or condition, nor will it be deemed a waiver of any term or condition in any subsequent instrument. SEVERABILITY In the event any provision of this instrument is held to be invalid or unenforceable, the other provisions of this instrument will be valid and enforceable.
ENTIRE AGREEMENT
This instrument confirms the sole and entire agreement between Bamboo54 Inc. and the customer and none of the terms and conditions contained herein may be added to, deleted, modified or altered except by a written instrument signed by Bamboo54 Inc. and the customer. There are no oral understandings, representations or agreements relative to the subject matter of this instrument which are not fully expressed in this instrument.
GOVERNING LAW
The laws of the State of California will govern the validity, interpretation and enforcement of this instrument. The sole, exclusive and proper venue for any proceedings brought to interpret or enforce this instrument or to obtain a declaration of the rights of the parties hereunder will be Los Angeles County, California.
ATTORNEYS FEES
In the event that any suit in law or equity, arbitration or the formal proceeding is instituted by any party or interpret any part of this instrument, or to recover damages for breach thereof, the prevailing party will be entitled to recover costs of suit, including but not limited to reasonable attorney's fees, incurred. If any collection procedure does not culminate in the commencement of any suit, arbitration or other formal proceeding, Bamboo54 Inc. will be entitled to recover from the customer, all costs, including but not limited to attorney's fees, incurred by Bamboo54 Inc. in connection with such collection procedure.
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