Terms and Conditions of Sale
1.The Terms and Conditions govern the sale of Products (“Product or Products”) and provisions of services (“Services”) by Bucephalus Health, LLC, DBA KJ Laboratories or DBA THE JONES (“the Company or Seller”). The Terms and Conditions 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. The Company’s failure to object to conflicting or additional terms will not change or add to the Terms and Condition herein. Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the Terms and Conditions contained herein.
2.Orders. All orders placed by Buyer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without Seller’s written consent. All orders must identify the Product, or Services, unit quantities, description or a number designation of the Products of the Product or Services, applicable prices and requested delivery dates of the Product being purchased. Unless otherwise agreed, all materials will be shipped no later than ninety days from the date that Seller accepts the purchase order. Seller may in its sole discretion allocate Product among its Customers. Seller may designate certain Products and Services as Non-Cancelable, Non-Returnable (“NCNR”) and the sale of such Products shall be subject to any special terms and conditions contained in Seller’s Order Acknowledgement which shall prevail and supersede any inconsistent Terms and Conditions contained herein.
3.Prices. The prices of the Products are those prices specified on the front of the invoice. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.
4.Taxes. Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services. 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 taxes shall appear as separate items on Seller’s invoice.
5.Payment. Payment may be made by check, money order, credit card, PayPal or wire transfer (all fees are borne by the Buyer). Where Seller has extended credit to Buyer, terms of payment shall be net fifteen (15) days or s may be specified on Seller’s invoice from date of invoice, without offset or deduction unless otherwise noted. On any past due invoice, Seller may impose interest at the rate of one and a half percent [1.5%] per month. If Buyer fails to make each payment when it is due, Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all 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 collections costs.
6.Delivery and Title. All deliveries will be made “FOB” place of shipment. Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. Seller’s delivery dates are estimates only and 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 the Seller. A delayed delivery of any Product of an Order does not entitle Buyer to cancel other deliveries.
7.Returns, Exchanges, NCNR and Refunds.
7.1 Returns. Buyer must inspect all Products upon receipt, and Buyer has a maximum of ten (10) days to request the return of any Product. Only products originally shipped from Seller will be considered for return to Seller. Buyer must obtain and secure a Return Material Authorization (RMA) number from Seller. All returning Product must be accompanied with an RMA number clearly marked on the outside of the shipping cartons, or boxes. All returns must be in the original packaging and in unused condition. The Company/Seller reserves the right to charge a cancellation /restocking fee of fifteen percent 15%. The cancellation or restocking fee to be deducted from the Buyer’s refund, invoiced on net 10 days, or charged to the Buyer’s credit card currently on file. Seller hereby authorized to charge Buyer’s credit card without the requirement for an authorization. Shipping and handling costs and none refundable.
7.2 Exchanges. Any item for exchange must be in new condition and in the original packaging. Exchanges must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item. Items purchased from Seller that have been used or altered and any items that have been sold as NCNR will not be accepted for exchange. Exchanges can not be made without an RMA as stipulated under Returns in 7.1 of the Terms and Conditions of Sale herein.
7.3 Non-Cancelable and Non-Returnable (NCNR). Sale of Products designated as NCNR on Seller’s invoice is final and can not be returned.
7.4 Refunds. Upon receipt and inspection of returned item(s), the Company will advise the Buyer of refund status and amount in a reasonable period not exceed two weeks. Seller will provide a cash refund, or credit against the purchase of other Products both refund or credit shall be subject to applicable cancellation and restocking fees, promotional, and incentive Products.
8. Limited Warranty: The Company, the Seller of Products and Services offers a Limited warranty for its Electronics Nicotine Delivery Systems (ENDS) ; E-liquid, Aerosolizing apparatus herein identified as THE JONES, KJLABZ, and Services provided on http://www.TheJonesPod.com and http://www.kjlabz.com/ respectively.