HomeMy WebLinkAbout303612 09/29/16 . ��u!-.4Qgyf
J/ ,• CITY OF CARMEL, INDIANA VENDOR: 365844
d ONE CIVIC SQUARE FUN EXPRESS CHECK AMOUNT: $*******378.03*
CARMEL, INDIANA 46032 PO BOX 14463 CHECK NUMBER: 303612
9y�__,.fir DES MOINES IA 50306-3463
„oN�• CHECK DATE: 09/29/16
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1081 4239039 679411542-01 42.71 GENERAL PROGRAM SUPPL
1081 4239039 679463541-01 335.32 GENERAL PROGRAM SUPPL
Voucher No. Warrant No.
365844 Fun Express, LLC Allowed 20
P.O. Box 14463
Des Moines, IA 50306-3463
In Sum of$
$ 378.03
ON ACCOUNT OF APPROPRIATION FOR
108 ESE
PO#or INVOICE NO. ACCT#/TITL AMOUNT Board Members
Dept#
1081-9 67946354101 4239039 $ 335.32 1 hereby certify that the attached invoice(s), or
1081-2 67941154201 4239039 $ 42.71 bill(s) is(are)true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
September 22, 2016
Signature
$ 378.03 Accounts Payable Coordinator
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice of bill to be properly itemized must show; kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
365844 Fun Express, LLC Terms
P.O. Box 14463
Des Moines, IA 50306-3463
Invoice Invoice Description
Date Number (or note attached invoice(s)or bill(s)) PO# Amount
9/14/16 67946354101 Supply Needs for Site Plan 1 and 2 40559 $ 335.32
9/12/16 67941154201 Super Celebration Supplies xx4319 $ 42.71
Total $ 378.03
1 hereby certify that the attached invoice(s),or bill(s)is(are)true and correct and I have audited same in accordance
with IC 5-11-10-1.6
, 20
Clerk-Treasurer
180
:2]
RE�.E Involc#�LVD6T9463354 01
SEN 2
BY:
A ® Page#: 2
N SOLD SHIP TO:
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o G63CSR00400341 -398387 TOWNE MEADOW/PARKS&REC
CARMEL CLAY PARKS&REC
DAWN KOEPPER AMANA GILLAM
110850 DTOWNE ROAD
1411 E. 116TH STREET
g CARMEL, IN 46032-3455 CARMEL, IN 46032
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Purchase Order Number Date Ordered Date Shipped Back Orders Terms_
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4Q559 , 091:13/2016 0911412016__ NO _.NET;30,`DAYS
Seiv�ce`Representatrve Via-
Number of�Cartons Weight �- ShippedVia '
3� 85 LBS
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Kit
em Number Order Qty Ship Qty Descriptront Unit Pace 6ct Amoun#
Call to speak to a customer service representative: 1-800-228-0122'_ - —
Merchantl�se Sh�pp�ng&Handling Sales7ax Total Amount; Certificate Other Payments a Balance n� r'
X335 32R g X0:00
V V PLEASE DETACH AND RETURN WITH REMITTANCE V V
TERMS AND CONDMONS OF ORDER
1. Acceptance and Delivery. Seller shall not be responsible for any delay in its performance beyond its control or beyond the control of its suppliers. The parties agree that,unless otherwise agreed to in writing
and signed by both parties,shipping dates are approximate and that time is not of the essence.All orders by Buyer constitute offers to purchase which are subject to acceptance or rejection by Seller qt Omaha,Nebraska
and any convect for the sale of goods by Seller is formed and performed in Nebraska. Seller's acceptance of any order from Buyer is expressly conditional upon Buyer's assent to the terms and conditions set forth
herein and Seller expressly limits its acceptance of Buyer's order to such terms and conditions and any additional or different terms proposed by'Buyer,whether oral,written or electronic are expressly rejected.
Notwithstanding any other quoted delivery time,Seller shall ship merchandise ordered by Buyer within 180 days or cancel the order for such merchandise.Unless and until Buyer canceLs an order,Buyer consents to
the backorder or delay in shipping of merchandise of up to 190 days. Iran item is backordered,Buyer may cancel such order at any time by providing notice of cancelation to Seller.
2. Payment Terms. Payment terms shall be governed by the terms on the face of this order or invoice and the credit terns extended by Seller,if any. Any such credit terms may be revoked by Seller at any time.
Payment shall be due and payable on the date so specified. Past due balances remaining unpaid will be subject to a delinquency charge at the rate of I''/,percent per month or the maximum rate permitted by law,
whichever is less;and Buyer shall pay all Seller's costs of col lection of past due amounts,including but not limited to attorney fees and court costs. if credit terms are extended to Buyer,Buyer hereby grants a security
interest in the merchandise purchased by Buyer and all proceeds from the sale or disposition of such merchandise and appoints Seller as Buyer's attomey-in-fact to execute on Buyer's behalf any Uniform Commercial
Code financing statements Seller deems reasonably necessary to perfect Seller's security interest.Buyer agrees to pay 510.00 per check on all resumed or insufficient funds checks.Seller agrees and acknowledges that
Buyer tenders payment for each order and Seller is authorized to charge Buyer's credit card or other charge account(whether Seller or a third party is the creditor)only as of the day Seller ships the order and only in
respect to the merchandise shipped.Seller has no authorization or right to payment prior to the day Seller ships the merchandise ordered by Buyer.
3. Warranty and Risk of Loss. Seller shall,at its election,either repair,replace,or refund the purchase price,exclusive of shipping and handling charges,for any merchandise which is defective in workmanship or
material and for which Buyer makes a claim within five(5)days afler receipt of the merchandise. When making such a claim,Buyer must submit both the original packing slip and the defective merchandise itseU(or
a sample thereof),unless these conditions are waived by Seller in writing. This paragraph constitutes Seller's sole obligation as to the merchandise,and the Buyer acknowledges that this paragraph sets forth Buyer's
exclusive remedy for any breach ofwarranty or other duty related to the merchandise or quality thereof.Any refund for merchandise shall not include shipping and handling,unless otherwise agreed by Seller in writing.
At its discretion,Seller may charge a restocking fee,not to exceed twenty-five percent(25%)for returned merchandise. Tide to the merchandise passes to Buyer at and Buyer bears all risk or loss from the time the
merchandise is loaded onto common carrier to be shipped to Buyer,regardless of whether Seller pays freight. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,SELLER MAKES NO OTHER
WARRANTIES.EXPRESS OR IMPLIED,OR WITH RESPECT TO ANY APPROVALS,CHARACTERISTICS,CERTIFICATIONS,INGREDIENTS,BENEFITS,USES,STANDARDS,QUALITY OR
GRADE OF ANY MERCHANDISE,OR ARISING BY CUSTOM OR TRADE USAGE AND,SPECIFICALLY,MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE MERCHANDISE ARE HEREBY SUPERCEDED,
EXCLUDED AND DISCLAIMED. THE EXPRESS WARRANTY CONTAINED IN PARAGRAPH 3 HEREIN CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY SELLER AND 1S
IN LIEU OF ALL OTHER WARRANTIES.IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL,INDIRECT,SPECIAL,PUNITIVE OR INCIDENTAL DAMAGES OR LOST
PROFITS,EVEN IF SELLER IS ADVISED OF THE POSSIBILITY OF THE SAME IN ADVANCE. SELLER'S AGGREGATE LIABILITY IS LIMITED TO THE AMOUNT ACTUALLY PAID BY BUYER.
4. Product Descriptions. Seller periodically adds,changes,modifies and updates its catalogs and website,including without limitation these Terms and Conditions.Seller tries to be as accurate as possible,but
makes no warranties or representations that(a)the content,including product descriptions,prices and depictions,are accurate,complete,reliable,current or error-fine,(b)any merchandise has any particular approvals,
certifications,characteristics,uses,ingredients,or benefits,or(c)any merchandise is of or meets any particular standard,certification,quality or grade,Seller assumes no liability with respect to any of the forgoing.If
a product purchased is not as described or expected,Buyer's sole remedy is to return it in unused condition.
5. Nomaiver of Defaults. Each shipment made under any order shall be treated as a separate transaction,but in the event of any default by Buyer,Seller may decline to make further shipments without in any way
affecting Seller's rights under such order. If,despite a default by Buyer,Seller elects to continue to make shipments,or accept further orders from Buyer,such action(s)shall not constitute a waiver of any default by
Buyer,or in any way affect Seller's legal or equitable remedies for any such default,or of any default at any prior or subsequent time. Any refund,credit,gift certificate or discount due Buyer may be offset against
amounts owed to Seller.
6. Dispute Resolution. Buyer agrees that any action brought by Buyer to resolve any claim,dispute or controversy of any nature arising out of or related to any order or transaction between Buyer and Seller or any
merchandise sold or distributed by Seller or any policy,statement,representation,advertisement,promotion,offer,customer information of Seller,or these Terms and Conditions shall be brought in a court of competent
jurisdiction in Douglas County,Nebraska and Buyer hereby consents to the exclusive jurisdiction of such courts. All such claims,disputes or controversies shall be resolved individually and not as partof any class
action or class arbitration and the right to commence or participate in any class proceedings is specifically waived by Buyer.
7. Personalized Product. _If the order includes personalization of product or the printing or other reproduction of trademarks,service marks,trade names,logos,messages or business symbols("Marks"),Buyer
hereby grants to Seller the non-exclusive right and license to use such Marks on the products and to cause the products to be produced with the Marks. Buyer further grants permission and consents to Seller's use of a
photograph or other likeness of the finished products for purposes of advertising or promoting Seller's business relating to such personalization production work and merchandise sales. Seller shall have no right,title
or other interest in the Marla except as expressly granted herein. Buyer represents and warrants that it owns the Marks and is authorized to license the Marks to Seller. Buyer agrees to indemnify and hold hamiless
Seller from any loss,liability,damage,claims,demands,actions,toss or expense of any nature(including attorney fees)arising out of or in any manner connected with Buyer's or Seller's use of the Marks.Seller
reserves the right to reject or rescind any order for personalized product in is sole discretion.
8. Compliance with Laws and Indemnificarion. Buyer agrees to provide Seller with written notice prior to placing any order if Buyer intends to distribute any product into the state of California and
acknowledges and agrees that any such distribution of product into the state of California may require appropriate Proposition 65(Title 22 of the California Code of Regulations)warning labels. IfBuyer fails to provide
such notice or fails to provide appropriate Proposition 65 warnings and distributes any product into the state of California,Buyer agrees to indemnify,defend and hold harmless Seller from and against any and all costs,
damages,liability and expenses(including attorney fees)arising out of any alleged Proposition 65 violations.In addition,if Buyer intends to resell,distribute or export any product,Buyer agrees to bear all responsibility
for compliance with the laws,ales and regulations of the jurisdiction in which the product is resold or to which the product is distributed or exported and Buyer agrees to indemnify,defend and hold hamiless Seller
from and against any and all toss,damages,liability,fines,penalties and expenses(including attorney fees)arising out of any such resale,distribution or exportation.
9. Electronic Communications. WHEN BUYER PROVIDES SELLER WITH BUYER'S EMAIL ADDRESS OR TELEPHONE NUMBER,SENDS SELLER EMAILS OR VISITS THE SELLER'S
WEBSITE OR SOCIAL MEDIA CHANNELS, BUYER IS COMMUNICATING WITH SELLER ELECTRONICALLY AND CONSENTS TO RECEIVE COMMUNICATIONS FROM SELLER
ELECTRONICALLY.SELLER MAY COMMUNICATE WITH BUYER BY TELEPHONE,EMAIL,TEXT,FACSIMILE,SOCIAL MEDIA OR BY POSTING NOTICES ON SELLER'S WEBSITE.BUYER
EXPRESSLY CONSENTS TO RECEIVE ANY SUCH COMMUNICATIONS AND AUTHORIZES SELLER TO DELIVER OR CAUSE TO BE DELIVERED ADVERTISEMENTS OR TELEPHONE
MESSAGES USING AUTOMATIC DIALING SYSTEMS OR PRERECORDED VOICE TO THE TELEPHONE NUMBERS BUYER PROVIDES,AND BUYER HEREBY WAIVES ANY CLAIMS BASED
ON SUCH COMMUNICATIONS.BUYER AGREES THAT ALL NOTICES,DISCLOSURES,AGREEMENTS OR OTHER COMMUNICATIONS SELLER PROVIDES ELECTRONICALLY SATISFY
ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
10. International Trade.If Buyer is purchasing merchandise for delivery or importation to n country other than the United States,Buyer is solely responsible for and will comply with all applicable laws,rules,
regulations,and treaties of the United States and thejurisdiction of the destination of the merchandise in connection with the transportation,exportation,importation,delivery,distribution and resale of the merchandise.
Buyer is also solely responsible for and shall obtain all certifications,declarations,accreditation,registrations,tests,licenses,pen-nits,inspections,or similar requirements of any jurisdiction of the destination of the
merchandise and shall bear all costs and expenses related thereto and shall bear all costs and expenses relating to any tares,dudes,levees,or assessments associated with the transportation,exportation,and importation
of the merchandise.Seller makes no representation or warranties with respect to the foregoing or that the merchandise is suitable for or will comply with applicable laws of any jurisdiction.
11. Miscellaneous. No amendment,modification or addition to these terms and condition shall be binding unless expressly agreed to in writing and signed by Seller. These terns and condition shall be
binding upon Buyer,its permitted successors and assigns,and shall inure to the benefit of Seller. Any waiver by Seller of any pan herein shall not constitute a waiver of any other pan.These terms and condition shall
be construed under and governed by the substantive laws and not the choice of law rules of the state of Nebraska Buyer consents to and agrees that any state or federal court in Douglas County,Nebraska shall have
personal and subject matter jurisdiction over Buyer and this Agreement;that Nebraska has the most significant contacts with this Agreement,to the exclusion of any other state;and that any legal dispute brought by
either Buyer or Seller relating to this Agreement will be instituted in Douglas County,Nebraska pursuant to section 6 above. Buyer expressly consents and agrees to receive communication regarding any order or
transaction from Seller by electronic mail and facsimile.
180
Invoice#: 679463541-01
Date: : 09/14/2016
® Page#: 1
o
N SOLD SHIP TO:
A G63CSR00400341 -398387
CARMEL CLAY PARKS&REC TOWNE MEADOW/PARKS&REC
DAWN KOEPPER AMANDA GILLAM
rn
1411 E. 116TH STREET 10850 TOWNE!ROAD
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CARMEL, IN 46032-3455 CARMEL, IN 46032
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Purchase Order Number Date Ordered Date Shipped Back Orders Terms
4@559 4 -09/.13/20113 . -09/14/2016.`= NO NET 30,De4XS '
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Service Representative` Number of,Cartons Weight Shipped Vias -
3
BS
' t bR
Item Numbe Order Qty `Ship t ty Descrrp#iron Unit '00-
Ext Amourn,
:
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1D-13704802 1UN 1 PENCIL GRIP ASSORTMENT 14.00 14.00
Consists of:
1D-12/2145 1UN 1 PEARLIZED STICKY PENCIL GRIPS(4DZ)
1D-12/3578 1UN 1 FUN PENCIL GRIPS
1D-13678951 1UN 1 48 PC BUMPY PENCIL GRIPS
ID-13661080 1UN 1 PUTTY&SLIME ASSORTMENT(50PC) 19.99 19.99
1D-62/6 1UN 1 CLASSROOM PLASTIC BOOK ORGANIZER 23.60 23.60
1D-5/692 1UN 1 FLYING JET ASSORTMENT(100PC) 11.99 11.99
1 D-13606363 2UN 2 BASIC PRINTED ERASER SET 4.48 8.96
1 D-13684663 1UN 1 PIG ERASERS 4.48 4.48
1D-57/9308 1UN 1 DIY RACE CARS 8.79 8.79
1D-48/8262 1UN 1 DIY SLAP BRACELET 10.00 10.00
1D-12/1522 1UN 1 CRAFT BUTTONS 5.59 5.59
1D-48/8331 1UN 1 DIY PAPER CROWNS 48PC 7.19 7.19
1D-5/1393 1UN 1 SWIRL POP ASSORTMENT 23.99 23.99
113-13660083 4DZ DISC DIY PUMPKIN ACCORDIAN CARD-12 2.18 DISC
1 D-65/85106 5UN 5 BUY 3 FROSTED PAPER HOLDERS AND SAVE! 11.88 59.40
1 D-12/1801 2DZ 2 PLASTIC PUZZLE BALLS 3.99 7.98
1D-13673857 1UN 1 HALLOWEEN PRINTED MAZE PUZZLES(2DZ) 6.00 6.00
1 D-5/849 1UN 1 EVA VISOR ASST(50PC) 15.19 15.19
1D-39/340 3DZ 3 PLASTIC WINNER YO-YOS 4.40 13.20
1 D-48/8155 1UN 1 ADHESIVE FOAM SPOOKY EYEBALLS 7.19 7.19
1D-13616717 1UN 1 RAINBOW COLORED CRAFT STICK 7.19 7.19
1D-13747663 2UN 2 3-D HALLOWEEN TISSUE LANTERN CK-12 7.19 14.38
1D-57/6799 2UN 2 DIY GIVE THANKS ACCORDION CARD 6.00 12.00
1D-13747487 1UN 1 FALL LEAF SUNCATCHERS 24 PC 7.99 7.99
1 D-48/3811 2UN 2 MAGIC COLOR SCRATCH FALL LEAVES(2 DZ) 5.59 11.18
1D-13660302 2DZ 2 CYO PIRATE MASKS 4.20 8.40
1D-48/8198 2DZ 2 CYO SUPERHERO MASK CK 3.99 7.98
1D-65/61040 1UN 1 FALL&HALLOWEEN PAPER PACK II 7.48 7.48
1 D-48/7450 1 UN OUT MINI FALL TISSUE PAPER SQUARES 3.99 OUT
1D-48/2463 2UN 2 MAGIC COLOR SCRATCH BOOKMARKS(24PC) 5.59 11.18
AO-99/ENVL 1 PC 1 ATTACH PACKING LIST ENVELOPE
*CONTINUED ON NEXT PAGE*
180
RECEIVED / le 679414642
. SEP 19 2016
� BY:
Page#: 1
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's SOLD SHIP TO:;
o G631U900300037 -394479 CHERRY TREE/PARKS&REC
CARMEL CLAY PARKS&REC
w DAWN KOEPPER TIFFANY BUCKINGHAM I
1411 E. 116TH STREET 3989 HAZEL DELL PARKWAY
CARMEL, IN 46032-3455 CARMEL,'. IN 46032
Iiilllllllil�i�riiiil�lliill�l���ilinilii���llrnl�llllllllli�
'Purchase Order`Number Date Ordered ^ Date Shipped Back-Orders Terms.
_ XX=4319 a_ 1'6 09/09/20 a 09/1212016 '°° ;NO IN 40 DAYS
Serv'G Representative " Number of"Cartons Weight _ Shipped Via
1 . 16 LBS
Iferrl Number Order Qty 5hip'Qty " Description . 'Unit Pricey ExtAmount
y
1D-13701100 1 DZ 1 PARTY STRING 60G/DZ 19.99 19.99
Consists of:
1D-13689331 2UN 2 PARTY STRING 60G(6PC/UN)
1D-13742521 1UN 1 SUPERHERO GIRL TEMPORARY TATTOOS(61)Z) 3.99 3.99
1D-13713918 1UN 1 SUPERHERO TEMPORARY TATTOOS 3.99 3.99
113-13642444 113Z 1 TEMPORARY EYE TATTOO ASSORTMENT 4.79 4.79
AO-99/ENVL 113C 1 ATTACH PACKING LIST ENVELOPE
i
Call to speak to a customer service representative: 1-800-228-0122
�e'rch�nd�se 5hrpp�ng&Handl�ng� Sales Taxi =Total Amounts Cerfiflicate Other Payments, Balance Due �� _
V V PLEASE DETACH AND RETURN WITH REMITTANCE V V
TERMS AND CONDITIONS OF ORDER
I. Acceptance and Delivery. Seller shall not be responsible for any delay in its performance beyond its control or beyond the control of its suppliers. The parties agree thy',unless or:_rvise agreed to in writing
and signed by both parties,shipping dates are approximate and that time is not of the essence.All orders by Buyer constitute offers to purchase which are subject to acceptance or rejection by Seller in Omaha,Nebraska
and any contract for tine sale of goods by Seller is formed and performed in Nebraska. Seller's acceptance of any order from Buyer is expressly conditional upon Buyer's assent to die terms and conditions set forth
herein and Seller expressly limits its acceptance of Buyer's order to such terms and conditions and any additional or different terms proposed by Buyer,whether oral,mitten or electronic arc expressly rejected-
Notwithstanding
ejectedNotwithstanding any other quoted delivery time,Seller shall ship merchandise ordered by Buyer within 180 days or cancel the order for such merchandise.Unless and until Buyer cancels an order,Buyer consents to
the backorder or delay in slipping of merchandise of up to 180 days. If an item is backordered,Buyer may cancel such order at any time by providing notice of caucelation to Seller.
2 Payment Teras. Payment terns shall be governed by the terms on the face of this order or invoice and the credit tans extended by Seller,if any. Any such credit terms may be revoked by Seller at any time.
Payment shall be due and payable on the date so specified Past due balances remaining unpaid will be subject to a delinquency charge nt the rate of I''/,percent per month or the maximum rate permitted by law,
whichever is less;and Buyer shall pay all Seller's costs of collection of past due amounts,including but not limited to attorney fees and court costs. If credit terms are extended to Buyer,Buyer hereby grants a security
interest in the merchandise purchased by Buyer and all proceeds from the sale or disposition of such merchandise and appoints Seller as Buyer's attomcy-in-fact to execute on Buyer's behalf any Uniform Commercial
Code financing statements Seller deems reasonably necessary to perfect Seller's security interest.Buyer agrees to pay S40.00 per check on all returned or insufficient funds checks.Seller agrees and acknowledges that
Buyer tenders payment for each order and Seller is authorized to charge Buyer's credit card or other charge account(whether Seller or a third patty is the creditor)only as of the day Seller ships the order and only in
respect to the merchandise shipped.Seller has no authorization or right to payment prior to the day Seller ships the merchandise ordered by Buyer.
3. Warranty and Risk of Loss. Seller shall,at its election,either repair,replace,or refund the purchase price,exclusive of shipping and handling charges,for any merchandise which is defective in work-rnanship or
material and for which Buyer makes a claim within five(5)days after receipt of the merchandise. When making such a claim.Buyer must submit both the original packing slip and the defective merchandise itself(or
a sample thereof),unless these conditions are waived by Seller in writing. This paragraph constitutes Seller's sole obligation as to the merchandise,and the Buyer acknowledges that this paragraph sets forth Buyer's
exclusive remedy for any breach of warranty or other duty related to the merchandise or quality thereof Any refund for merchandise shall not include shipping and handling,unless otherwise agreed by Scller in writing.
At its discretion,Scller may charge a restocking fee,not to exceed twenty-five percent(25%)for returned merchandise. Title to the merchandise passes to Buyer at and Buyer bears all risk of loss from the time the
merchandise is loaded onto common carrier to be shipped to Buyer,regardless of whether Seller pays freight. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,SELLER MAKES NO OTHER
WARRANTIES,EXPRESS OR INTLIED,OR WITH RESPECT TO ANY APPROVALS,CHARACTERISTICS,CERTIFICATIONS,INGREDIENTS,BENEFITS,USES,STANDARDS.QUALITY OR
GRADE OF ANY MERCHANDISE,OR ARISING BY CUSTOM OR TRADE USAGE AND,SPECIFICALLY,MAKES NO WARRANTY OF MERCHANTABILITY OR FTINESS FOR A PARTICULAR
PURPOSE AND ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE MERCHANDISE ARE HEREBY SUPERCEDED,
EXCLUDED AND DISCLAIMED. THE EXPRESS WARRANTY CONTAINED IN PARAGRAPH 3 HEREIN CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY SELLER AND IS
IN LIEU OF ALL OTHER WARRANTIES.IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL,INDIRECT,SPECIAL,PUNITIVE OR INCIDENTAL DAMAGES OR LOST
PROFITS,EVEN IF SELLER IS ADVISED OF THE POSSMILITY OF THE SAME IN ADVANCE. SELLER'S AGGREGATE LIABILITY IS LIMITED TO THE AMOUNT ACTUALLY PAID BY BUYER.
4. Product Descriptions. Seller periodically adds,changes,modifies and updates its catalogs and website,including without limitation these Terms and Conditions.Seller tries to be as accurate as possible,but
makes no warranties or representations that(a)the content,including product descriptions,prices and depictions,are accurate,complete,reliable,current or error-flee,(b)any merchandise has any particular approvals,
certifications,characteristics,uses,ingredients,or benefits,or(c)any merchandise is of or meets any particular standard,certification,quality or grade,Seller assumes no liability with respect to any of the forgoing.If
a product purchased is not as described or expected,Buyer's sole remedy is to return it in unused condition.
5. Nomvaiver of Defaults. Each shipment made under any order shall be treated as a separate transaction,but in the event of any default by Buyer,Seller may decline to make further shipments without in any way
affecting Seller's rights under such order. If,despite a default by Buyer,Seller elects to coutinue to make shipments,or accept further orders from Buyer,such action(s)shall not constitute a waiver of any default by
Buyer,or in any way affect Seller's legal or equitable remedies for any such defoult,or of any default at any prior or subsequent time. Any refund credit,gift certificate or discount due Buyer may be offset against
amounts owed to Seller.
6. Dispute Resolution. Buyer agrees that any action brought by Buyer to resolve any claim,dispute or controversy of any nature arising out of or related to any order or transaction benveen Buyer and Seller or any
merchandise sold or distributed by Seller or any policy,statement,representation,advertisement,promotion,offer,customer information of Seller,or these Terms and Conditions shall be brought in a court of competent
jurisdiction in Douglas County,Nebraska and Buyer hereby consents to the exclusive jurisdiction of such courts. All such claims,disputes or controversies shall be resolved individually and not as part of any class
action or class arbitration and the right to commence or participate in any class proceedings is specifically waived by Buyer.
7. Personalized Product. If the order includes personalization of product or the printing or other reproduction of trademarks,service marks,trade names,logos,messages or business symbols("Marks'),Buyer
hereby grans to Seller the non-exclusive right and license to use such Marks on the products and to cause the products to be produced with the Marks. Buyer father grants permission and consents to ScHer's nue of a
photograph or other likeness of the finished products for purposes of advertising or promoting Seller's business relating to such personalization production work and merchandise sales. Seller shall have no right,title
or other interest in the Marks except as expressly granted herein. Buyer represents and warrants that it owns the Marks and is authorized to license the Marks to Seller. Buyer agrees to indemnify and hold hamtless
Seller from any loss,liability,damage,claims,demands,actions,costs or expense of any nature(including nttomey fees)arising out of or in any manner connected with Buyer's or Seller's use of the Marks.Seller
reserves the right to reject or rescind any order for personalized product in its sole discretion.
8. Compliance with Laws and Indemnification. Buyer agrees to provide Seller with written notice prior to placing any order if Buyer intends to distribute any product into the state of California and
acknowledges and agrees that any such distribution of product into the state of California may require;appropriate Proposition 65(Title 22 of the California Code of Regulations)warning labels. If Buyer fails to provide
such notice or fails to provide appropriate Proposition 65 warnings and distributes any product into the state of Califomia,Buyer agrees to indemnify,defend and hold harmless Seller from and against any and all costs,
damages,liability and expenses(including nuomey fees)arising out of any alleged Proposition 65 violations.In addition,if Buyer intends to resell,distribute or export any product,Buyer agrees to bear all responsibility
for compliance with the laws,rules and regulations of thcjurisdicdon in which the product is resold or to which the product is distributed or exported and Buyer agrees to indemnify,defend and hold harmless Seller
from and against any and all cosy,damages,Liability,fines,penalties and expenses(including attorney fees)arising out of any such resale,distribution or exportation.
9. Electronic Communications. WHEN BUYER PROVIDES SELLER WITH BUYER'S EMAIL ADDRESS OR TELEPHONE NUMBER,SENDS SELLER EMMLS OR VISITS THE SELLER'S
WEBSITE OR SOCIAL MEDIA CHANNELS, BUYER IS COMMUNICATING WITH SELLER ELECTRONICALLY AND CONSENTS TO RECEIVE COMMUNICATIONS FROM SELLER
ELECTRONICALLY.SELLER MAY COMMUNICATE WITH BUYER BY TELEPHONE,EP1A1L,TEXT,FACSIMILE,SOCIAL MEDIA OR BY POSTING NOTICES ON SELLER'S WEBSITE.BUYER
EXPRESSLY CONSENTS TO RECEIVE ANY SUCH COMMUNICATIONS AND AUTHORIZES SELLER TO DELIVER OR CAUSE TO BE DELIVERED ADVERTISEMENTS OR TELEPHONE
MESSAGES USING AUTOMATIC DIALING SYSTEMS OR PRERECORDED VOICE TO THE TELEPHONE NUMBERS BUYER PROVIDES,AND BUYER HEREBY WAIVES ANY CLAIMS BASED
ON SUCH COMMUNICATIONS.BUYER AGREES THAT ALL NOTICES,DISCLOSURES,AGREEMENTS OR OTHER COMMUNICATIONS SELLER PROVIDES ELECTRONICALLY SATISFY
ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
10. International Trade.If Buyer is purchasing merchandise for delivery or importation to a country other than the United States,Buyer is solely responsible for and will comply with all upplicuble laws,rules,
regulations,and treaties of the United States and thejurisdiction of the destination of the merchandise in connection with the transportation,exportation,importation,delivery,distribution and resale of the merchandise.
Buyer is also solely responsible for and shall obtain all certifications,declarations,accreditation,registrations,tests,licenses,permits,inti cctions,or similar requirements of any jurisdiction of the destination of the
merchandise and shall bear all costs and expenses related thereto and shall bear all costs and expenses relating to any taxes,duties,levees,or assessments associated with the transportation,exportation,and importation
of the merchandise.Seller makes no representation or warranties with respect to the foregoing or that the merchandise is suitable for or will comply with applicable laws of any jurisdiction.
11. Miscellancous. No amendment,modification or addition to these terms and condition shall be binding unless expressly agreed to in writing and signed by Seller. These terms and condition shall be
binding upon Buyer,its permitted successors and assign and shall inure to the benefit of Seller.Any waiver by Seller of any part herein shall not constitute a waiver of any other part. These terns and conditions shall
be construed under and governed by the substantive laws and not the choice of law rules of the state of Nebraska. Buyer consents to and agrees that any state or federal court in Douglas County,Nebraska shall have
personal and subject matter jurisdiction over Buyer and this Agreement;drat Nebraska has the most significant convicts with this Agreement,to the exclusion of any other state;and that any legal dispute brought by
either Buyer or Seller relating to this Agreement will be instituted in Douglas County,Nebraska pursuant to section 6 above. Buyer expressly consents and agrees to receive communication regarding any order or
transaction from Seller by electronic mail and facsimile.
D e., c nc 14