Standard Terms and Conditions of Sale

 

These terms and conditions govern the sale of Products (“Product or Products”) sold under Marco Polo Incorporated (“MARCO POLO INC”) as well as any associated affiliates, hereby collectively known as (“Seller”). These terms and conditions (“Agreement”) apply to customers who purchase inventory and products from the Seller.  The Seller’s terms and conditions of sale take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. MARCO POLO INC’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance to purchase products and/or Services from seller shall be deemed to constitute acceptance of the terms and conditions contained herein. 

1. Orders:

All orders placed by Buyer are subject to acceptance by Seller. Completed orders may not be cancelled or rescheduled without Seller’s written consent. All orders must identify the products, unit quantities, model numbers, and applicable prices being purchased. Unless otherwise agreed, all materials will be shipped no later than one year from the date that Seller accepts the purchase order. Seller may at its sole discretion allocate product among its customers. Seller may designate certain Products as non- returnable (“NR”) and the sale of such Products shall be subject to any special terms and conditions contained in Seller’s Order Acknowledgement or NR Letter, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere.

2. Prices:

The prices of the Products are those prices specified on the sales invoice agreed upon at the time so sale. Pricing for undelivered products may not be increased in the event of an increase in seller’s cost, change in market conditions or any other causes beyond the seller’s reasonable control. Price quotations shall automatically expire in fifteen (15) days from the date issued, or as otherwise stated in the quotation. The Seller reserves the right to reinstitute previously quoted prices and act upon them.

3. Taxes:

Unless otherwise agreed to in writing by seller, all prices quoted are exclusive of, or do not include any shipping insurance costs, trade duties, and any and all taxes including federal, state and local sales, excise and value added, goods and any other services taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and delivery shall appear as separate items on Seller’s invoice.

4. Payment:

Payment may be made by credit card, PayPal or wire transfer (all additional processing fees are borne by the Buyer).  Unless otherwise agreed to in writing, payment is due upon point of sale.  For wholesale orders exceeding $1,000, checks and money orders are accepted.

5. Credit:

Seller reserves the right to selectively extended credit to qualified buyers.  In these instances, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction unless otherwise noted. On any past due invoice, Seller may impose simple interest accrual at the rate of three percent [3%] per month. If Buyer fails to make each payment when it is due, Seller reserves the right to change or withdraw credit hereafter as well as suspend or cancel performance under any or all outstanding purchase orders or agreements in which Seller has extended credit to Buyer. In the event of default by Buyer, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collection agency costs.

6. Delivery:

All deliveries will be considered completed at destination.  Title and risk of loss pass to the Buyer upon delivery of the product by the carrier. Seller’s delivery dates are Standard Terms and Conditions, where delivery dates are estimates only.  Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of Standard Terms and Conditions. A delayed delivery of any part of an order does not entitle Buyer to cancel other outstanding deliveries.

7. Returns, Refunds and Exchanges: Returns:

Only products originally shipped from MARCO POLO INC or from an authorized supplier (will be considered for return to MARCO POLO INC By a buyer requesting return of products to MARCO POLO INC the buyer certifies that the products were purchased from MARCO POLO INC and there has been no substitution of the product from any supplier, distributor or other source of the product. Any return must be in the original packaging and in unused condition except if approved after a failure analysis/warranty evaluation by a MARCO POLO INC sales representative via a return authorization.

Exchanges: Any item for exchange must be in new condition and maintained in the original packaging. Exchanges must be requested within 15 days of ship date. Defective item(s) may be exchanged/returned for the same item. Items purchased from MARCO POLO INC that have been used or altered and any items that have been sold as final sale will not be accepted for exchange. Non-Cancelable and Non-Returnable Items: Products listed as NR status (Non-Returnable) are identified on the Cart Page for web orders and via order acknowledgement for all other orders.

Return Freight / Restocking Fee: MARCO POLO INC reserves the right to charge cancellation and restocking fees, at a minimum rate of 15% to be deducted from the Customer refund for orders exceeding $5,000. MARCO POLO INC does refund the original shipping and handling in such cases. Customer is however responsible for all return freight charges. MARCO POLO INC does not accept ‘Cash-on-Delivery’ COD shipments.

How to Return an Item:

Step 1. Contact a MARCO POLO INC sales representative within 30 days of ship date of item(s) by calling our distribution location at 1-718-349-6644 or by emailing sales: marc@marcoploINCcom

Step 2. MARCO POLO INC will issue a Return Processing Number (“RPN”). Once the RPN number is received, item must be returned within 15 business days. MARCO POLO INC will provide the Customer with specific instructions on where to mail / return item(s) with the RPN number. In most cases returned items will be shipped to the MARCO POLO INC warehouse located at: 729 B Manhattan Avenue, Brooklyn, New York 11222. Please include enough detail to associate the pair to the original order, and if possible, the original receipt.

Inventory Management and Export Control: Buyer certifies that it will be the recipient of the Products to be delivered by Seller. Buyer understands that the associated inventory includes items that are governed by the U.S. Export Administration Regulations (EAR), by the U.S. Department of Commerce. The Buyer understands that its sale or distribution of said products may constitute exports or re-exports, and as such, must be in accordance with the requirements administered by Bureau of Industry and Security, Department of Treasury, and Department of State involve additional tax, tariff, or excise liabilities. It is understood that the country of ultimate destination, could affect the applicable resale of the products. The Buyer agrees to consult various resources, such as the U.S. Department of Commerce’s Bureau of Industry and Security’s (“BIS”) Export Counseling Division, and other appropriate Government Sources to ensure that the sales and distribution of said products, is processed in accordance with all applicable laws.

8. Warranty:

No warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered. In particular, the seller makes no warranty respecting the merchantability of the products or their suitability or fitness within any particular market, a specified usage or purpose, or guarantee against latent defects. Buyer shall not be entitled to, and seller shall not be liable for, loss of profits or volatility in revenue, upfront promotional or advertising expenses, distribution or maintenance overhead, shipping delays, loss of contracts or orders, incidental shipping damages or consequential damaged.  Contracts will be void due to any unrelated damages of any nature, (see section 9 below for Force Majeure).  Buyer’s recovery from seller for any claim shall not exceed the purchase price paid for the supplied goods.  By entering into a re-occurring sales agreement, the buyer agrees to waive the right to pursue legal claims whether in contract, tory, warranty, or other liability suit.

The laws of the State of New York will exclusively govern any dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller. Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.

9. Force Majeure:

Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.

 
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