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TERMS & CONDITIONS
NOTE: ALL SERVICES PROVIDED ARE SUBJECT TO THESE TERMS AND CONDITIONS. OUR ACCEPTANCE OF PROVIDING SERVICES OR REQUESTS IS CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. ANY TERMS AND CONDITIONS CONTAINED IN ANY DOCUMENT THAT YOU PROVIDE US WHICH ARE IN ADDITION TO OR INCONSISTENT WITH THESE TERMS AND CONDITIONS SHALL NOT BE BINDING ON US AND SHALL NOT APPLY TO OUR SERVICES OR TRANSACTIONS.
1. Prices
All prices quoted herein are for immediate payment by credit card, F.O.B. Otterbein, IN, and do not include taxes, shipping costs or payment fees. In some cases, services may be subject to credit approval. Smiths Rustic Ranch, LLC retains the right change or withdraw credit terms without notice and to terminate any service when invoices for work done thereon have become delinquent. We appreciate referrals and provide a one time use 5% referral discount per new referral, if the referred customer retains Smiths Rustic Ranch, LLC to provide services for them. We provide new clients a one time use "first time" 5% discount.
2. Minimum Services
Minimums will be established on any service depending on the requests and services.
3. Lead Time
The specific lead time varies, depending on the type of services or products shipped. An estimate will be quoted at the initial service provided. If unforeseen circumstances happen, notification will be provided to the customer of any delays. Accuracy and efficiency takes precedence over speed.
4. Shipments
Upon finalization of your service or product purchase, any documents will either be mailed, a request for pick up, or emailed. Additional charges will be applied for mailing or delivery of the items to cover costs accrued for shipping/handling, delivery on an service by service basis. We assume no responsibility for damage or delay after the shipment has been made to the carrier agent. All claims for damages, etc. should be made to the responsible carrier. A tracking number will be emailed to the customer upon shipping the documents.
5. Fulfillment
Fulfillment of your services entitles you to receive the products/service/materials/documents. Unless otherwise agreed to in writing by us, you are not entitled to any proprietary information relating to the services performed hereunder or their resources thereof, including without limitation to methods, specifics or intellectual property. No rights or licenses to any intellectual property rights are granted hereunder expressly or by implication.
6. Customer Request Terms
Customers may request a new service and if authorized may ask for it to be a special request. Services generated will be non-exclusive and material will be offered to other customers directly or through the website. As a customer requester you will have the right to this special request with a minimum purchase that will be determined at the time of the initial agreement. For a special request to proceed for bulk purchases or special services, you must submit a non-refundable deposit of 25% of the net cost for the intended service purchase. Smiths Rustic Ranch, LLC shall then in good-faith attempt this special requested service, note that successful completion cannot be guaranteed in terms of this special request. Once the special requested service is completed, the deposit will be credited towards your purchase of this service or bulk product purchase. If you opt not to purchase this special requested service, Smiths Rustic Ranch, LLC retains the deposit to cover work performed.
7. Terms of Payment
Payment must be made in U.S. Dollars, payable to Smiths Rustic Ranch, LLC and must indicate the invoice number being paid or reference in the memo. We accept Visa, MasterCard, Discover, American Express, PayPal, ACH, local checks (upon approval). There is a minimum fee of $40 for checks that do not clear the bank and may be subject to collections with additional fees. Businesses requesting special services or bulk purchases are required to submit a W-9 form and DUNS# if applicable to set up services. If a net account is requested, upon approval, a credit application is required and three credit references. We only extend net 30 accounts, no other extended length of time. Prices are subject to change without notice. If your account with us shows a past due amount, the account will be put on a "credit hold" and further services will not be performed until full payment of the past due balances is received. Starting May 1, 2017 any invoices that are 10 days past the invoiced due date will incur a 1% finance charge or minimum charge of $2.50.
8. Service Disclaimer
Our services/ products will meet the applicable specifications when documents are shipped. WE MAKE NO OTHER CLAIMS OR WARRANTIES. WE SPECIFICALLY DISCLAIM ALL OTHER CLAIMS AND WARRANTIES INCLUDING QUALITY, PURPOSE, OR NON-INFRINGEMENT.
9. Indemnity
You hereby agree to indemnify, defend and hold harmless us, our directors, officers, representatives, agents and employees from and against any and all actions, demands, damages, claims or losses whatsoever. This includes our attorneys’ fees and costs, arising from any services purchased hereunder, including without limitation any claims, etc. due to damage to property, or infringement of the intellectual property rights (including patents) of any person.
10. Return of Services
A. Written authorization for returns or request service must be requested within 30 days.
B. All services are final upon completion and shipping documents. Unless a written authorization has been received, all services are final and non-refundable.
C. Upon completion of the service, Smiths Rustic Ranch, LLC will review and confirm with the client the services performed so the service is agreed upon and payment is required.
11. Taxes
The client is responsible for any and all taxes related to the services performed/ taxable products (other than due to our income).
12. General
These terms and conditions shall be governed by the laws of Indiana without regard to any applicable conflicts of laws principles. You will be solely responsible for compliance with all laws and regulations with respect to any actions you take or use you make with respect to the products purchased here-under including without limitation those regarding resource and outsourcing companies. These terms may not be modified or waived (including by course of performance or dealing) except in writing signed by an authorized representative of us. If any of these Terms and Conditions are held invalid or unenforceable for any reason, that provision is fully severable and will be deemed severed from the remainder of the Terms and Conditions so that the remainder will be construed to be valid and enforceable.
13. In-Store Credit Expiration
Effective May 1, 2017 any in-store credit issued by Smiths Rustic Ranch, LLC will be refunded at the end of the fiscal year, unless a written authorization from the client requests to keep the in-store credit for the following year services. Indiana has no right to cancel contracts or purchase agreements. Whether you can receive a refund is dependent on the retailer's return and refund policies.
14. No Discrimination
Smiths Rustic Ranch, LLC provides products and services to customers regardless of race, religion, color, sex, age, national origin or ancestry, marital status, parental status, sexual orientation, gender identity, disability, or veteran status.
15. No Resale
The materials, documents and services provided by Smiths Rustic Ranch, LLC are for research client use only. Distribution, transfer, or resale of the materials, documents or services requires written permission from Smith Bookkeeping • Consulting and may only be performed in accordance with local laws.
16. Copy Right
All content included on all Smiths Rustic Ranch, LLC sites, such as text, graphics, logos, button icons and images are the property of Smiths Rustic Ranch, LLC and protected by United States trademark and copyright laws. The content on these sites may be used as a service resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on any Smith Bookkeeping • Consulting site is strictly prohibited.
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