MidnightXpressions
Terms and Conditions;
Freight, Advertising, Pricing & Sales Policies
(“Terms and Conditions”)
These Terms and Conditions are the only terms and conditions under which MidnightXpressions, distributes products.
These Terms and Conditions become effective February 17th, 2003 and represent the entire agreement between MidnightXpressions herein referred to as “Seller,” and Buyer as to the terms and conditions of the sale of products that Seller distributes. These Terms and Conditions supersede and render invalid all previous negotiations, understandings, and/or agreements regarding the terms and conditions of the sale of Seller’s products between MidnightXpressions and Buyer, whether implied or expressed orally or in writing by and/or between Seller, Buyer or any other parties.
These Terms and Conditions do not represent a commitment by Seller to sell products to any Buyer. Seller expressly reserves the right to accept or reject any orders from Buyer at any time. It is Seller’s sole and absolute discretion, notwithstanding any previous sales by Seller to such Buyer.
Possession of, or sales pursuant to, these Terms and Conditions shall not constitute acceptance by Seller of any Buyer as an authorized MidnightXpressions dealer, or otherwise create an obligation for Seller to make further sales to any Buyer. Further, sales to any authorized MidnightXpressions dealer pursuant to these Terms and Conditions does not create an obligation for Seller to continue any distributorship or dealer relationship in the future. Seller expressly reserves the right to terminate any Buyer as an authorized MidnightXpressions dealer at any time, at Seller’s sole and absolute discretion, upon 30 days’ written notice.
Seller neither assumes nor authorizes any person to assume for MidnightXpressions any other terms and conditions in connection with the sale of products that Seller distributes. These Terms and Conditions are subject to change and/or modification by Seller, in Seller’s sole and absolute discretion. Buyer has no authority to change these Terms and Conditions. Any changes and/or modifications to these Terms and Conditions must be in writing and authored by Seller. Acceptance of an order by Buyer as well as from Buyer’s customer(s) shall not bind Seller to any terms, conditions or provisions appearing on any Buyer order form from and/or between Buyer and Buyer’s customer(s).
COMPANY POLICIES
If said conditions are not met by the Buyer, Seller has the right to refuse service at any time. If the Buyer is from the state of California, at the time of first purchase where-in the Buyer must fill out a resale card as to not be subject to California sales tax. Refusal to do so may result in charges of back taxes charged to Buyer and all fees subject in collecting.
MidnightXpressions ACCOUNT MANAGEMENT
1. PAYMENT TERMS
A. All shipments from MidnightXpressions will be paid before product shall be shipped
B. No Credit Terms, other than Payment made in full prior to shipment will be granted.
2. PAYMENTS
A. The Buyer agrees to pay all applicable taxes and/or duties.
B. All checks returned for Insufficient Funds will be assessed a $35.00 transaction fee.
3. CONDITIONS OF SALE
A. All sales are final
B. Transfer of ownership of goods shall take place at the point of original shipment under FOB terms. All claims for lost or damaged shipments must be made by the purchaser to the transport firm.
C. Buyer is obligated to pay full face value of refused packages including shipping to and from facility and handling charges
D. MidnightXpressions does not take any returns for store credit or refund
4. VERBAL ORDERING
A. All verbal orders are the sole liability of the Buyer
B. MidnightXpressions is not obligated to take back any part for “miscommunication” or wrong part shipping or picking discrepancies
C. By placing a verbal order you are accepting these terms
5. WRITTEN PURCHASE ORDERS
A. All faxed orders faxed or emailed without the correct part numbers and quantities are subject to interpretation
6. SPECIAL ORDERS
A. Once Special orders are placed, Buyer will be responsible for the acceptance of these goods
B. an addtion 50% deposit is required on any and all Special orders
C. Any cancellation of Special orders once placed will be subject to a 100% re-stocking fee
7. STOCK ADJUSTMENTS
A. All attempts to return goods for a stock adjustment will be refused if not accompanied with the proper paper work.
8. WARRANTY POLICY AND PRODUCT SERVICE
A. All warranties expressed or implied are represented by the manufacture of the product and not, MidnightXpressions.
B. MidnightXpressions will not process warranty claims on behalf of the Buyer. It is up to the sole discretion of said manufacturer to determine if the part was deemed for warranty or void.
C. A Return Authorization Number must be received from MidnightXpressions before an item is returned. In order to receive a return authorization number please contact the returns department at
MidnightXpressions@yourmidnightxpressions.com Subject line; RETURN. The Return Authorization Number must be prominently displayed on the outside of the package containing the returned merchandise. Unauthorized returns or returns not having the Return Authorization Number will be rejected at MidnightXpressions Receiving Department and sent back to sender at sender’s sole cost.
D. Defective merchandise must be returned freight prepaid. Returns sent freight collect C.O.D. will be rejected by MidnightXpressions Receiving Department unless shipping label had been supplied per section 8 grouping C.
E. All clothing merchandise, including suits and sportswear, must be dry cleaned prior to being returned for repair
F. MidnightXpressions gives no warranties expressed or implied, including but not limited to, the implied warranties of merchantability or performance of a particular part.
MIDNIGHTXPRESSIONS FREIGHT POLICY
9. DROP SHIPMENTS
A. Drop shipments will be made only on behalf of MidnightXpressions upper management upon approval.
B. All drop shipments will be charged a $10.00 service charge in addition to any applicable freight charges.
10. SHORTAGES AND DAMAGED SHIPMENTS
A. Transfer of ownership of goods shall take place at the point of original shipment under FOB terms. All claims for lost or damaged shipments must be made by the purchaser to the transport firm.
B. Shortages within cartons must be reported within 10 days after receipt of goods.
CONTINGENCIES
MidnightXpressions shall not be liable for any failures to produce to Buyer when the cause of such failure is an act of God, labor disputes, suppliers, material shortages, acts of local, state national, civil, or problems, or an act or cause that does not normally occur in the ordinary course of Seller’s business
PERFORMANCE PRODUCT WAIVER
Seller does engage in selling after-market items and Buyer does understand the ramifications for having these parts at Buyer’s facility, And or Installation on vehicles. MidnightXpressions will not be held accountable for any legal fees or such in selling of said parts to Buyer. Buyer understands fully that some parts sold by seller may not comply with local, state or federal laws and will not hold MidnightXpressions accountable in any shape or form legal or implied. MidnightXpressions will not be held liable for any fault of their own, any damages to and not limited to Buyer or the Buyer’s customer. MidnightXpressions will not be liable for any damages which are incurred directly or indirectly with the Buyer or Buyer’s customer on vehicles or operators or passenger of said vehicles, or any other parties affected by Buyer, or Buyer’s customer.