Terms and Conditions
1. General Entire Agreement A.
The sale of any product(s) described on this web site (the "Product(s)")
by Tibet Authentic, Inc. A Florida corporation("Seller")
to the party receiving the quotation, offer or Invoice ("Buyer")
shall be governed by these terms and conditions. B. Seller's
offer to sell the Products to Buyer is expressly limited
to Buyer's acceptance to these terms and conditions. Any
of the following constitutes Buyer's unqualified acceptance
of these terms and conditions:
(i) Issuance or assignment of a purchase of the Products,
(ii) Acceptance of any Product under the order, or
(iii) Payment for any of the Products. C. Additional or different
terms or conditions proposed by Buyer (including any additional
or different terms provided in a purchase order) shall be
void and of no effect unless specifically accepted in writing
by Seller. D. any product offering whether online or by phone
resulting in a purchase or payment shall be the exclusive
agreement between the parties for the Products, subject to
the terms and conditions herein. Any prior or contemporaneous
understandings, agreements, and representations, oral or
written, are superseded by these terms and conditions. No
modification to these terms and conditions shall be valid
unless in writing and signed by Seller. E. Agents and sales
representatives of Seller have no authority to make any representations
not included herein, and any such representations should
not be relied on by Buyer. F. Seller Reserves the rights
to review your order and cancel or refuse a product purchase
or product purchase order in its sole discretion. Seller
also reserves the right to terminate the access your account
and or purchase privileges at any time, without notice, for
any reason whatsoever. Buyer also understands and agrees
that acceptance of his order, or Purchase order by the Seller
does not grant or constitute any obligation for the seller
to disclose any information relating to its product/s.
2. Price The Products and
other items or services covered by this contract shall be
and are sold and invoiced at the prices listed on this website
or invoice. Prices do not include sales, excise, use or other
taxes now in effect or hereafter levied by reason of this
transaction. Buyer will pay and indemnify and hold Seller
harmless from all such taxes.
3. Payment Terms: A. Payment
is Due upon Purchase unless otherwise specified. Seller reserves
the right to require alternative payment terms. B. If payment
is not received by the due date, a late charge will be added
at the rate of one and one-half percent (1.5%) per month
(eighteen percent (18%) per year) or the maximum legal rate,
whichever is greater, to unpaid invoices from the due date
hereof. C. If Buyer is delinquent in paying any amount owed
to Seller as per quotation, purchase order or invoice, by
more than five (5) days, then without limiting any other
rights and remedies available to Seller under the law, in
equity, or under the contract, Seller may (i) suspend production,
shipment and/or deliveries of any or all products purchased
by Buyer or yet to be delivered, or (ii) retain buyers Deposit
if any or (iii) by notice to Buyer, treat such delinquency
as a repudiation by Buyer of the portion of the contract
not then fully performed, whereupon Seller may cancel all
further deliveries and any amounts unpaid hereunder shall
immediately become due and payable. If Seller retains a collection
agency and/or attorney to collect overdue amounts, all collection
costs, including attorney's fees, shall be payable by Buyer.
Buyer hereby represents to Seller that Buyer is now solvent
and agrees that each acceptance of delivery of the Products
sold hereunder shall constitute reaffirmation of this representation
at such time.
4 . Shipment
A. Seller will use commercially reasonable efforts to comply
with shipping instructions provided by Buyer. In the absence
of any specific shipping instruction, Seller will ship
by the method it deems most advantageous. Transportation
charges will be prepaid by Buyer or subsequently invoiced
to Buyer unless otherwise specified. When special or export
packaging is required, the cost of the same, if not set
forth on the invoice, will be separately invoiced.
B. Seller may make delivery in installments and may render
a separate invoice for each installment. Each installment
shall be deemed a separate sale. Delay in delivery of any
installment shall not relieve Buyer of its obligation to
accept delivery of remaining installments. Any delivery not
in dispute shall be paid for on the due date, as provided
in this contract, without any offset, regardless of controversies
relating to other delivery or undelivered products.
C. All products shall be suitably packed for air and ground
shipment, unless otherwise requested by Buyer and agreed
to in writing by S C.O.D. Shipments - C.O.D. shipments will
not be accepted. Prepaid freight charges if any, must be
included in the invoice.
5 . Title, Risk Of Loss, Insurance Unless
stated otherwise by Seller, all shipment will be EXW (Ex
Works) (as defined in Incoterms 2000) Seller's manufacturing
or storing facility, if destination of delivery is outside
the United States and F.O.B. (Free on Board) (as defined
in U.C.C. Section 2-319) Seller's manufacturing or storing
facility, if destination of delivery is within the United
States. Title to each shipment of the Products sold hereunder
and risk of loss thereon shall pass to Buyer when Seller
or its agent tenders such shipment to the carrier, but such
shipment shall remain subject to Seller's rights of stoppage
in transit and of reclamation.
6 . Acceptance Buyer or Buyer's
agent may inspect the Products on receipt of Products. Buyer
shall accept any tender of the Products by Seller which substantially
conforms to the description of the Products set forth on
the web site. Buyer shall be deemed to have irrevocably accepted
any Product, and Buyer's right to reject such Product shall
cease, unless Buyer gives to Seller notice of rejection or
return in writing: (a) in the case of defects discoverable
through inspection, within five (5) days after delivery to
the destination specified in Buyer's purchase order or (b)
in the case of defects not discoverable through inspection,
within ten (10) days after delivery to the destination specified
in Sellers website, invoice or email. Buyer's notice must
specify the nature and grounds of the rejection in reasonable
detail. Buyer is aware of product expiration date upon acceptance.
In the event buyer fails to use or consume product due to
expiration date, buyer will assume full responsibility of
the loss. Seller shall be under no obligation to refund or
replace such order.
7. Indemnification Buyer will
hold Seller harmless and indemnify seller from and against
all claims, judgments, costs and fees, including attorney
fees, that buyer may claim have incurred directly or indirectly
resulting from buyers negligence, sellers product , sellers
company or buyers .