RESERVATION OF RIGHTS
All rights are reserved by Embroidery Digitizing work and not expressly granted to the customer (Client).
- (A) The customer (Client), who wants to buy digitally prepared files by Embroidery Digitizing work, through the Internet agrees that Embroidery Digitizing work standard payment terms are due at the time of the requested services.
- (B) No other credit terms or condition of purchase orders supersedes or, amend from, the terms of this Buyer-Seller agreement unless mutually agreed on in writing by both parties.
- (C) If any invoices are not paid within the term period, the purchaser agrees to pay all unpaid past due invoice balances WITH INTEREST. The ANNUAL RATE OF INTEREST IS NOT, TO EXCEED 1 1/2% PER MONTH (18% PER ANNUM) OR THE HIGHEST RATE PERMITTED BY APPLICABLE LAW, WHICHEVER IS LESS.
- (D) The customer (Client) agrees to pay a service charge of $25.00 for each payment transaction that is returned or charged backed to Embroidery Digitizing work.
- (E) Any invoice not paid on demand, the customer (Client) agrees to pay all reasonable attorneys fees, court costs or any other collection expense and further agrees that Australia law will govern any dispute, without resort to the conflict of law principles of such state.
- (F) All claims or adjustments from invoiced amounts must accompany invoice payment and be detailed in writing. Embroidery Digitizing work will not allow any claims for deductions more than five (5) days after the date of the file delivery.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, Embroidery Digitizing work and its suppliers provide the Digital Art Files and, if any, support services related thereto (“Support Services”) AS IS AND WITH ALL FAULTS, and hereby expressly disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, the implied usability, merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, lack of negligence and lack of workmanlike effort, all with regard to the Digital Art File(s) Product(s) and the provision of or failure to provide Support Services. THERE IS NO EXPRESS OR IMPLIED WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE DIGITAL ART FILE (S) PRODUCT (S). THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE DIGITAL ART FILE PRODUCT (S), OR OF THE SUPPORT SERVICES IF ANY, REMAINS WITH THE PURCHASER.
EXCLUSION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CROSS ANGLE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER.
LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that the purchaser might incur for any reason whatsoever, the foregoing limitations, exclusions and disclaimers shall apply only to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.