Terms & Conditions
BlueSky Furled Leaders – Terms and Conditions of Sale
General Terms for Online Sales of Products
Notice about shipping charges: The shopping cart automatically calculates shipping rates. However, there can be variations in shipping costs due to size, weight, dimensions and packaging. If the amount of shipping you paid with your order is not sufficient, we will promptly notify you and request any additional shipping costs. If there are additional shipping costs and you do not wish to pay them, you can cancel the order at that time. While we make every effort to send your order so that it arrives on time or earlier, the shipping time displayed is not guaranteed.
- ACCEPTANCE OF ORDER; TERMINATION – Acceptance of any online order is subject to credit card approval, PayPal payment, or clearance of check.
- PRICES AND SHIPMENTS – Unless otherwise quoted, prices shall be those in effect at the time of shipment, which shall be made F.O.B. shipping point, prepaid and bill.
- RETURN OF GOODS – Goods can be returned within 7 days of receipt. Return transactions will be charged a 20% restocking fee and “Buyer” pays the return shipping charges. If goods are received defective or damaged, you must notify BlueSky Furled Leaders within 3 days of receipt to be exempt from the restocking fee. All returns must be pre-approved.
- TAXES – Prices shown do not include sales or other taxes imposed on the sale of goods. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse BlueSky Furled Leaders for any such tax or provide BlueSky Furled Leaders with acceptable tax exemption certificate.
- DELAY IN DELIVERY – BlueSky Furled Leaders is not to be accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver on time, or other circumstances beyond BlueSky Furled Leaders’ reasonable control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall BlueSky Furled Leaders be liable for any consequential or special damages arising from any delay in shipment or delivery.
- WARRANTIES – BlueSky Furled Leaders warrants that all goods sold are free of any security interest and will make available to Buyer all transferable warranties (including without limitation warranties with respect to intellectual property infringement) made to BlueSky Furled Leaders by the manufacturer of the goods. BLUESKY FURLED LEADERS MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE UNLESS OTHERWISE AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF BLUESKY FURLED LEADERS.
- LIMITATION OF LIABILITY – Buyer’s remedies under this agreement are subject to any limitations contained in manufacturer’s terms and conditions to BlueSky Furled Leaders. Furthermore, BlueSky Furled Leaders’ liability shall be limited to either repair or replacement of the goods or refund of the purchase price, all at BlueSky Furled Leaders’ option, and IN NO CASE SHALL BLUESKY FURLED LEADERS BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. In addition, claims for shortages, other than loss in transit, must be made in writing not more than five (5) days after receipt of shipment.
- WAIVER – The failure of BlueSky Furled Leaders to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions, or rights in the future; nor shall it be deemed to be a waiver of any other term, condition, or right under this agreement.
- MODIFICATION OF TERMS AND CONDITIONS – These terms and conditions supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon BlueSky Furled Leaders unless made in writing and signed on its behalf by a duly authorized representative of BlueSky Furled Leaders. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound. Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon Buyer’s assent to any additional or different terms set forth herein.
- ASSIGNMENT – Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of BlueSky Furled Leaders, and any such assignment, without such consent, shall be void.
- GENERAL PROVISIONS – All typographical or clerical errors made by BlueSky Furled Leaders in any quotation, acknowledgment, or publication are subject to correction. This agreement shall be governed by the laws of the State of Wisconsin applicable to contracts to be formed and fully performed within the State of Wisconsin, without giving effect to the choice or conflicts of law provisions thereof. Buyer hereby irrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereof.
- PAYMENT TERMS – Payment terms are as stated on BlueSky Furled Leaders Inc.’s invoice or as otherwise mutually agreed. As a condition of the sales agreement, a monthly service charge of the lesser of 1-1/2% or the maximum permitted by law may be added to all accounts not paid by net due date. Visa, MasterCard, American Express, and Discover credit cards are accepted at point of purchase only.
- EXPORTING – Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders. Buyer agrees to comply with all such laws, regulations, and orders, including, if applicable, all requirements of the International Traffic in Arms Regulations and/or the Export Administration Act, as may be amended. Buyer further agrees that if the export laws are applicable, it will not disclose or re-export any technical data received under this order to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters.