1. Price. Prices are subject to change
based on specifications of individual orders. Additional charges
for shipping and boxes will be added to the invoice. All applicable,
non-exempt sales, excise, use or other taxes of the State
of Texas in effect at the time of the sale will be added to
the invoice.
2. Payment. Unless otherwise authorized,
payment will be required in advance. Acceptable payment methods
are cash, postal money orders, bank money orders (issued on
US banks). Personal checks are accepted, but will delay shipment
or pick up until cleared by the banks.
3. Warranty. sFoam products are
for professional use by the surfboard manufacturing trade
only. sFoam produces no products for direct consumer use.
sFoam warrants that all products sold will conform to order
specifications, subject to standard commercial tolerances,
and will be free of defects in material and workmanship. Any
warranty claim must be made in writing within ten days of
Buyer's receipt of the product and before use or alteration.
This warranty shall not apply if product has been damaged
in any way after shipment from sFoam. sFoam's liability for
defective product shall be limited to replacement. No product
will be accepted for return by sFoam without prior written
return authorization.
4. Cancellation/Refund. Acceptance
of the order by sFoam and payment by the Buyer represent a
binding contract between the parties which may not be cancelled
or modified. Each order is a custom product that meets the
Buyer's specifications and cannot be returned for refund or
credit.
5. Shipping. FOB for blank sales,
USPS for DVD sales.
6. Governing Law, Attorney's Fees.
Each sales agreement shall be governed by the laws of the
State of Texas and should any legal proceedings arise out
of a sale the proceedings shall be held in Harris County,
Texas, and, the prevailing party, in addition to any other
recovery, shall be entitled to recover all reasonable expenses
including attorneys' fees.