Terms & Conditions
This Agreement (“Agreement”) is made between you/your company and Rug Expo Inc. (“Rug Expo”) upon execution and delivery by email or facsimile to Rug Expo.
GENERAL ORDERING INFORMATION
To qualify for wholesale purchases, you must be a valid retail business and you must submit a copy of your resale exemption certificate (first orders only) and an executed copy of this Agreement with your Order Form. By placing an order with Rug Expo and providing the resale certificate, you are representing that you are the owner, agent or representative of a currently valid retail business and that the transaction being made is a wholesale, tax exempt purchase for resale. All sales are final.
PAYMENTS
All orders must be paid in full before pick up or shipping. By providing a credit card number and expiration date on the order form, you are irrevocably authorizing Rug Expo to charge the credit card for the entire purchase price at the time of placing the order.
DAMAGE CLAIMS
Rug Expo makes every commercially reasonable effort to package the rugs for shipping with approved materials. Rug Expo is not responsible for damage in transit. Rug Expo does not insure shipments with the carrier, if you would like to insure your shipment, notify Rug Expo at the time you place your order. If your shipment is damaged in transit you agree to sign shortage or damage on the drivers shipping receipt, contact Rug Expo within 48 hours of delivery. You also agree to save all packaging material and product. You further agree not to cancel or contest payment or deduct from any invoice any amount due to Rug Expo as a result of a damage claim. The carrier will conduct an investigation for the damage claim and Rug Expo will contact you once the investigation is concluded to resolve the issue.
RETURNS/DEFECTS
Any claim for defective merchandise must be reported to Rug Expo within 48 hours of delivery. Rug Expo does not accept returns on first quality merchandise for any reason. Contact Rug Expo in the event you receive defective merchandise as all returns must be approved in advance by Rug Expo.
COPYRIGHT
The designs and content within and any materials made available on the Web Site are the sole property of Rug Expo. The Web site, designs, products, images and content within are protected by Trademark, copyright and intellectual property law and may not be reproduced in any form without the express written consent by Rug Expo. You hereby agree not to reprint, post, or copy any photography, sales materials, or product designs without the advance, express written consent of Rug Expo.
INTELLECTUAL PROPERTY
Any and all intellectual property rights associated with the Web Site including the designs, products, images and content presented herein, and any inventive concepts, know how, publicity rights, trademarks, trade-dress, Trade Secrets, copyrights and patents (including any pending patent-pending items) (collectively “Intellectual property”) are the sole property of Rug Expo or third parties. Except as expressly authorized by Rug Expo, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web site in any way without the express written consent of Rug Expo or the appropriate third party.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Rug Expo, its directors, officers, employees, assignees, and agents and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon a claim that (i) if true, would constitute a breach of any of your agreements hereunder; and/or (ii) arises out of your negligence, willful misconduct, or other breach of this Agreement.
JURISDICTION
This Agreement has been entered into and shall be governed by the laws of the State of Texas. All parties agree Texas courts have jurisdiction.
SEVERABILTY
Each section of this Agreement shall be deemed and construed as a separate and independent section, term or condition and should any part or provision of this Agreement be declared invalid by a court of competent jurisdiction, such as invalidity shall in no way render invalid or unenforceable any other section, term or condition herein.
LEGAL FEES
You understand and agree that you are or your company is responsible for your or its own legal fees. If Rug Expo takes any action to enforce, defend, or interpret this Agreement and these terms and conditions, Rug Expo is entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and any costs whether in litigation or otherwise, in addition to any other reief at law or in equity to which Rug Expo may be entitled.
MODIFICATION
Rug Expo reserves the right to modify the terms and conditions contained herein. Clerical or computer errors are subject to correction. No action, omission or course of conduct shall constitute a waiver of any of the terms and conditions hereof, unless such waiver is specified in writing by Rug Expo and then, only to the extent so specified.