This Sales and Return Policy was last revised on, and is effective as of, April 17, 2019.
This Sales and Return Policy governs the terms and conditions upon which Drip Krown Solutions, LLC, a Florida limited liability company, its subsidiaries, and affiliates (collectively, “Drip Krown” or “we” or “us”) agrees sell products and/or services to you (“you” or “your” or “Buyer”) from the Drip Krown Online Services (as defined in our Terms of Service).
Drip Krown will make a good faith effort to complete delivery of the products that you order from us using the Online Services or by such other means (for example by telephone or facsimile) that are confirmed by us at the time you place the order or as otherwise indicated by us in writing, but we assume no responsibility or liability and will accept no back charge for loss or damage due to delay or inability to deliver such products, whether or not such loss or damage was made known to us, including but not limited to, liability for Drip Krown’s non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatsoever. Under no circumstances shall Drip Krown be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays in product delivery or failure to give notice of delay.
SHIPPING AND RISK OF LOSS
Drip Krown will ship all products purchased using the Online Services or by such other means (for example by telephone or facsimile), freight prepaid, FOB your destination. The method of shipment shall be consistent with the nature of the Products and hazards of transportation. Regardless of FOB destination point, Drip Krown agrees to bear all risks of loss, damage, or destruction of the products ordered by you that occurs prior to actual delivery. After delivery, the risk of loss or damage shall be borne by you, except loss or damage attributable to Drip Krown’s fault or negligence. The cost of any special packing or special handling requested by you shall be added to the amount of the order. If you cause or request a shipment delay, or if Drip Krown ships or delivers the products erroneously as a result of inaccurate, incomplete or misleading information supplied by you, your agents or employees, storage and all other additional costs and risks shall be borne solely by you.
INSPECTION AND ACCEPTANCE
Within five (5) days of delivery, you shall inspect the products for defects, nonconformance and/or rejection, whether due to damage, shortages, errors in shipping or otherwise, and either reject the order in writing or accept all or a portion of the received products. After such five (5) day period, you shall be deemed to have irrevocably accepted any products not previously rejected or accepted by Drip Krown. After acceptance, you shall have no right to reject the products for any reason whatsoever or to revoke acceptance. You hereby agree that such five (5) day period is a reasonable amount of time for such inspection, acceptance or rejection. You shall have no right to order any change or modification to any product or service previously ordered by you, your agents or employees or cancel any order without Drip Krown’s prior written consent and payment to Drip Krown of all charges, expenses, commissions and reasonable profits owed to or incurred by Drip Krown as a result of such change or cancellation. Specially fabricated or ordered items may not be canceled or returned, and no refund will be made. The sole and exclusive remedy for products alleged to be defective in material or workmanship will be the replacement of such products subject to Drip Krown ‘s inspection and warranty. If Drip Krown in its sole discretion permits buyer to return conforming products, you shall pay a restocking fee equal to 20% of the purchase price plus the cost of shipping. Products may not be returned to Drip Krown without pre-approval in writing.
PAYMENT AND SECURITY INTEREST
You agree to pay for the products according to Drip Krown’s payment terms. In the event you fail to make any payment to Drip Krown when due, your entire account(s) with Drip Krown shall become immediately due and payable without notice or demand. All past due amounts shall be charged interest at the rate of 18% per annum or the maximum rate allowed by law, whichever is less. You hereby grant Drip Krown a purchase money security interest in the products until such time as Drip Krown is fully paid. You agree to assist Drip Krown, at your expense, in taking the necessary action to perfect and protect Drip Krown’s security interest in the products that are not paid for in full at the time of shipment. No products furnished by Drip Krown shall become a fixture by reason of being attached to real estate.
DEFAULT OF BUYER AND REMEDIES
Each of the following circumstances shall constitute a default by you of any agreement to purchase products from Drip Krown entered into between us using the Online Services or by such other means (for example by telephone or facsimile): (a) your failure to perform any term or condition contained in this Sales and Return Policy; (b) your insolvency or your failure to pay your debts as they become due, or an assignment by you for the benefit of your creditors, the appointment of a receiver over your business or assets or over the products covered by any purchase order governed by this Sales and Return Policy or the filing of any petition to adjudicate you bankrupt; (c) your failure to pay any amount due and owing to Drip Krown as and when due; (d) a failure by you to provide adequate assurance of performance within five (5) days after a justified demand by Drip Krown; or (e) if Drip Krown reasonably believes that your prospect of performance under any purchase order placed by you is impaired. Upon default by you, Drip Krown shall have the right to immediately accelerate any and all amounts unpaid under any outstanding purchase orders or in connection with your account with Drip Krown. Drip Krown, in its sole discretion shall also have the right to cancel the unexecuted portion of any purchase order, while retaining the right to collect damages including lost profits on the entire purchase order. You agree that you shall reimburse Drip Krown for all losses suffered by Drip Krown as a result of your default or breach, including reasonable attorney’s fees, costs and expenses incurred by Drip Krown in connection therewith. All rights and remedies of Drip Krown herein are in addition to any other right or remedies available to Drip Krown at law or in equity.
The amount of any sales, excise or other taxes, if any, applicable to the sale of the products to you shall be added to the purchase price and shall be paid by you unless you provide Drip Krown with an exemption certificate acceptable to the relevant taxing authorities. Any taxes which Drip Krown may be required to pay or collect under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the products, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of you, who shall promptly pay the amount thereof to Drip Krown upon demand.
LIFETIME LIMITED WARRANTY
Drip Krown has a Lifetime Limited Warranty against product failure resulting from defects in manufacturing or materials.
We may require proof of purchase. Proof of purchase may be the original dated store receipt. We may require evidence of the failure. Evidence of failure may include photographs or returning the failed product to us.
Drip Krown makes no representation that the products or services will conform to any federal, state or local laws or ordinances, regulations, codes or standards. This limited warranty is void if the product has been subjected to faulty maintenance, abuse, misuse, accident or other damage; if it was not installed in accordance with Drip Krown’s instructions; if it was modified or altered in a manner inconsistent with the product as shipped by Drip Krown.
The following actions void the warranty: misuse; abuse; modification; cleaning with abrasive tools, or exposing the unit to heat sources. Sandblasting, cleaning with harsh chemicals not recommended for plastics voids the warranty. Modification of the original product voids all warranties. We assume no liability for any modified product or consequences resulting from failure of a modified product. If a product is defective or damaged in any way before or during installation, do not install it.
DRIP KROWN IS PROVIDING THIS WARRANTY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ALL OF WHICH ARE EXCLUDED FROM THIS WARRANTY AND HEREBY EXPRESSLY DISCLAIMED.
Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of special, incidental or consequential damages, so these limitations and exclusions may not apply to you. This warranty gives you specific legal rights. You may also have other rights that may vary from state to state.
Drip Krown shall not be responsible for any losses or damages sustained by you or any other person as a result of improper installation or misapplication of the products. You agree to defend, indemnify and hold harmless Drip Krown and its agents and employees from and against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, reasonable attorney’s fees and costs) arising out of or in connection with any personal injury or death of persons (including, without limitation, Buyer’s employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use, or repair of the products by Buyer or of the information, designs, services or other work supplied to Buyer, whether caused by the concurrent and/or contributory negligence of Buyer, Drip Krown, or any of their agents, employees or suppliers. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of any purchase and sale of products governed by this Sales and Return Policy or governed by the Terms of Service.
No terms and conditions other than the terms and conditions contained herein or in the Terms of Service shall be binding upon Drip Krown unless accepted by us in a writing signed by an authorized Drip Krown signatory. All terms and conditions contained in any prior oral or written communication, including, without limitation, any purchase order, which are different from or in addition to the terms and conditions herein are hereby rejected and shall not be binding on Drip Krown, whether or not they would materially alter this document, and Drip Krown hereby objects thereto. All prior proposals, negotiations and representations, if any, are merged herein. Buyer will be deemed to have assented to all terms and conditions contained herein if any part of the goods and/or services described herein are shipped or an invoice is presented in connection with the said goods and Buyer accepts the products. All transactions between you and Drip Krown shall be governed in all respects by the laws of the State of Florida (excluding choice of law provisions). All actions, regardless of form, arising out of or related to this Sales and Return Policy or governed by the Terms of Service or the products sold hereunder or thereunder must be brought against Drip Krown, within the applicable statutory period, but in no event more than one (1) year from actual or constructive notice of the claim. Drip Krown and Buyer agree that the Florida State Courts for the Seventeenth Judicial Circuit in or for Broward County, Florida (the “Identified Courts”) shall have exclusive jurisdiction of all disputes between them relating to the products this Sales and Return Policy or governed by the Terms of Service. Each party hereby irrevocably and unconditionally: (i) submits to the jurisdiction of the Identified Courts for any proceeding; (ii) shall not commence any proceeding, except in the Identified Courts; (iii) waives, and shall not plead or make, any objection to the venue of any proceeding in the Identified Courts; (iv) waives, and shall not plead or make, any claim that any proceeding brought in the Identified Courts has been brought in an improper or otherwise inconvenient forum; and (v) waives, and shall not plead or make, any claim that the Identified Courts lack personal jurisdiction over it.