All sales or offers of sale of goods and services made by Roam the Earth, Inc; DBA DryEraseInnovations.com and all orders accepted by DryEraseInnovations.com from a buyer (“Buyer”) are made exclusively upon the terms and conditions of sale set forth below. No contrary or additional terms or conditions proposed by Buyer will be accepted by DryEraseInnovations.com absent a written instrument executed by an authorized representative of DryEraseInnovations.com making specific reference to the specific contrary or additional term proposed by Buyer which is accepted by DryEraseInnovations.com and any proposed contrary or additional terms not expressly accepted by DryEraseInnovations.com in writing in accordance with the provisions hereof are hereby rejected.
Prior to offering specific quotations or commencing design work, DryEraseInnovations.com requires an interview to discuss marketing and design questions. Information gathered during this consultation provides a basis for quotation and design. Consultations conducted by telephone are free. If a site visit is required, DryEraseInnovations.com may require a fee and reimbursement of costs prior to the visit.
Standard quotations are valid for ninety days of issuance if there has been no change to specifications. Deadlines for special discount offers are determined on a case-by-case basis. Quotations do not include anything that is not specified in writing in the quotation. DryEraseInnovations.com reserves the right to decline to quote.
DryEraseInnovations.com will submit a design for the Buyer’s review. The Design Fee includes up to three revisions. If more revisions are required, or the original design assignment or specifications change significantly during the design process, additional design fees may apply. Buyer (in writing or by means of making a down payment) will confirm approval of a final design drawing before fabrication work begins. Samples and prototypes requested by Buyer may incur additional charges.
DryEraseInnovations.com will not be held responsible for errors on a final design that has been approved by Buyer. Alterations requested by Buyer after a final design drawing has been approved may incur additional charges.
Because of differences in computer screens, printed samples, and actual paint colors, a color variation between the submitted design and the completed work is to be expected. When closer color matching is required, Buyer will submit color chips or PMS numbers. DryEraseInnovations.com will then use reasonable efforts to make a closer match within the limits of its then current supplier.
For all non-custom orders, payment is due upon placement of order. Custom design work must be prepaid in accordance with a fee schedule that will be determined at the initial consultation. Fabrication of custom Calendars will begin after receipt of 50% down payment. The balance of the fabrication fee (including shipping) is due upon completion of production of the Calendar. Full payment is required prior to pick-up or delivery. Any other payment arrangements must be approved in writing by DryEraseInnovations.com. In the event Buyer receives the Calendar prior to payment in full for any reason, DryEraseInnovations.com hereby is granted a security interest in the Calendar until payment in full is received. Without limiting the generality of the foregoing, DryEraseInnovations.com reserves the right to repossess any goods, retain all monies paid, which will be deemed forfeited, and/or pursue all other legal remedies against Buyer. Should Buyer cancel an order or part of an order prior to the completion of the order, DryEraseInnovations.com reserves the right to charge a handling and termination fee. Cancellation does not release Buyer from its obligation to pay for those parts of the order already fabricated.
A production schedule will be established after the final design drawing has been approved by Buyer and a 50% down payment has been made. Most Calendars are fabricated within two to four weeks. Shipping requires additional time. DryEraseInnovations.com will use reasonable efforts to meet such production schedule, but there will be no liability or penalty for missed deadlines. DryEraseInnovations.com will also not be held responsible for delays related to unavailability of materials, shipping, customs, third party installations, or other causes beyond its control.
All Calendars must be promptly inspected by Buyer. Claims for defects, damages or shortages must be made by Buyer in writing no later than ten calendar days after pick-up or delivery. If no such claim is made, Buyer thereby acknowledges that DryEraseInnovations.com has fully satisfied all terms, conditions, and specifications.
DryEraseInnovations.com is the owner of the copyright on any design, sketch, artwork, or other creative work furnished by DryEraseInnovations.com. DryEraseInnovations.com is the exclusive fabricator of any calendars it has designed. As an accommodation to Buyer only, upon payment of the Design Fee, Buyer is granted the limited right to use the design created by DryEraseInnovations.com for labels, brochures, stationary, websites, garments, and other non-signage use, provided (i) such use does not violate any law or the intellectual property rights of any third party, the determination of which is the sole responsibility of Buyer; and (ii) DryEraseInnovations.com does not make any representation that the design may be adapted to such uses. Buyer is solely responsible for ensuring that the content of the calendars (including any use made pursuant to the second paragraph hereof) does not violate any laws or any third party’s rights, as well as ensuring that the calendars complies with municipal and other requirements, and Buyer will defend, indemnify, and hold harmless Seller, its members, managers, officers, employees, affiliates, and agents from and against any cause of action, loss, or damage of any nature whatsoever arising from any such violation or alleged violation. All drawings and materials showing the DryEraseInnovations.com trademark are the intellectual property of DryEraseInnovations.com and may not be copied, reproduced, or forwarded to others either manually or electronically without the express permission of DryEraseInnovations.com. In cases where a logo, artwork, or other elements are provided by Buyer to DryEraseInnovations.com, Buyer warrants that the subject matter is not copyrighted or other rights therein are not owned by a third party or that Buyer has been granted permission to use the copyrighted or other proprietary material on their Calendar. Buyer will defend, indemnify, and hold harmless Seller, its members, managers, officers, employees, affiliates, and agents from and against any cause of action, loss, or damage of any nature whatsoever arising from any such violation or alleged violation of the foregoing representation.
The size, content, and other elements of the Calendars may require approval from building owners and local authorities, all of which approvals are the sole responsibility of Buyer.
Installation is the sole responsibility of the Buyer.
Title to the Calendar passes to Buyer upon pick-up or shipment. DryEraseInnovations.com is responsible for the safety of the Calendars while it is in its possession for up to two weeks after fabrication is complete or until it is picked up or shipped (whichever comes first). DryEraseInnovations.com will not be held responsible for the care of Calendars that remain uncollected for longer than fourteen days.
DryEraseInnovations.com warrants only that its work will conform in all material respects to the description contained in the approved final design drawing. DryEraseInnovations.com MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING ANY GOODS OR SERVICES HEREIN INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL DryEraseInnovations.com BE LIABLE TO BUYER EVEN IF DryEraseInnovations.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DryEraseInnovations.com LIABILITY UNDER ANY CAUSE OF ACTION WHATSOEVER EXCEED THE AMOUNT PAID BY BUYER TO DryEraseInnovations.com FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
All matters relating hereto shall be governed exclusively by the laws of the State of Maine without regard to its conflicts of laws principles that would have a contrary result. The United Nations Convention on the International Sale of Goods shall not apply. Any dispute, claim, or controversy between Buyer and DryEraseInnovations.com arising hereunder that cannot be resolved through good faith negotiations shall be formally venued in the Maine State Supreme Court situate in Windham, Maine.
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