GENERAL TERMS: This document contains the entire agreement of the parties with respect to the products or services covered by this document and all previous contracts purchase orders, proposals, discussions and communications relating to the products or services covered by this document, and all previous contracts, purchase order, proposals, discussions and communications relating to the products or services covered by this document are superseded except to the extent that they have been incorporated by direct reference. Any errors incorporated in or appearing on this document are subject to correction by Seller.
TERMS: All first time customers are sold on a cash basis (100% prepayment) unless prior credit approval has been obtained. Title to the merchandise is retained by Sharky’s Shop until the full purchase price for same has been paid in full. In case of default in the payment of the purchase price, in part or in whole, the entire unpaid balance shall at once become due and payable. Sharky’s Shop, or its duly qualified agent, shall have full right and power to repossess the merchandise to recover the purchase price. The purchaser shall pay all costs and damages, including reasonable attorney’s fees and collection costs which may be sustained by Sharky’s Shop in the repossession of the merchandise. In the event any litigation becomes necessary, customer waives the right to litigate outside of Manatee County.
FORCE MAJEURE: Seller shall not be liable for failure or delay in performance in the transaction, due in whole or in part to causes such as an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any government, unforeseen shortages or unavailability of fuel, power, transportation, raw materials or supplies, inability to obtain or delay in obtaining necessary equipment or any other causes which are not within the reasonable control of Seller, whether or not of the kind specifically enumerated above. Under any such circumstances, Seller shall have the additional time needed to complete this transaction and the right to allocate its available supply, in the manner it selects to itself and among any or all customers, including , but not limited to, its subsidiaries and affiliates.
EARLY AND DEFERRED SHIPMENTS: Seller may, at its option, ship up to 14 calendar days prior to the estimated shipping schedule stated on the front of the Sales Order. Buyer may defer shipments under terms mutually agreed to in writing with Seller and provided Buyer assumes the risk of any loss or deterioration of products that occurs after 30 days from such estimated shipping schedule date.
DAMAGE POLICY: As all shipments are FOB Sharky’s Shop, transfer of responsibility occurs when product is dropped off or picked up by the freight carrier. It is the responsibility of the buyer to receive the merchandise from the freight carrier. If damages have occurred during shipment, the buyer must file a claim with the carrier, provided insurance has been purchased and paid for by the Buyer.
CANCELLATION POLICY: Customer is responsible for any labor performed and/or materials purchased at time of cancellation. If an order is cancelled after shipment, or delivery is refused at destination, all warehousing, delivery and return costs will also be the responsibility of the customer.
RETURNS AND EXCHANGES: Custom products may not be returned for exchange or credit. (Custom products are products deemed by Sharky’s Shop to not be resalable as is). Special priced and discounted items are non-refundable. Standard merchandise will not be accepted for return after 30 days from receipt of shipment. No returns are allowed without prior approval. Sharky’s Shop will issue a Return Materials Authorization (RMA) number prior to any merchandise return and will need the following information: our invoice number, quantity and item being returned and reason for return. All authorized returns are subject to a 25% restocking charge. All authorized exchanges are subject to a 15% exchange charge. ALL RETURNS MUST BE FREIGHT PREPAID BY CUSTOMER. Final credit will be determined after inspection of the material. If the product has been damaged, customer will be charged for any labor and/or materials required to bring returned or exchanged product to saleable condition.
PAYMENT TERMS: All accounts which are not paid by the due date, will be charged 1-1/2% per month or 18% per year until paid. Sharky’s Shop retains ownership of the merchandise until the purchase price has been paid in full. In the case of non-payment, Sharky’s Shop shall have full right and power to repossess same to recover the purchase price.
LIMITED WARRANTY: Sharky’s Shop warrants its products to be free from defects in material and workmanship for a period of 90 days. If upon inspection, Sharky’s Shop determines that a problem exists that is covered by its warranty, Sharky’s Shop will repair or replace defective products, upon return of products to our factory freight prepaid.