HIGDON WRITING INSTRUMENTS, LLC (“Higdon” or “Supplier”) PURCHASING TERMS AND CONDITIONS FOR INDIVIDUAL CONSUMERS
Use of this website and purchases made at this website are subject to these terms and conditions, in conjunction with the product descriptions, prices, and rates set forth elsewhere on this site. In addition, other notices and policies posted on this site, including but not limited to the Conditions of Use and Privacy Policy, also govern the use of this website and purchases made on this website. Higdon reserves the right to make changes to its site, policies, notices, prices, and any other applicable terms and conditions at any time. Please read, and consult regularly, all terms and conditions, notices, and policies carefully before using and/or making a purchase on the website. Users acknowledge that they have had access to all terms and conditions, notices, and policies upon entering the website and agree with all website terms and conditions, notices, and policies upon use of and/or purchase of goods through the website.
1. PRICE AND DELIVERY - Supplier shall furnish the goods, subject to availability, called for in accordance with the prices and other details specified at the time of order. All prices shall include all applicable taxes, except sales and use taxes which are separately shown where applicable. Supplier will make reasonable efforts to meet Buyer’s delivery requirements. If Supplier is unable to meet Buyer’s delivery requirements, alternative arrangements may be agreed. In the absence of such agreement, Buyer’s sole remedy is to cancel the order. Acceptance by Buyer of all or part of the goods shall constitute a waiver by Buyer of its claims arising from delays in delivery.
2. PAYMENT; AUTHORIZATION TO CHARGE CREDIT CARD FOR FULL AMOUNT DUE PRIOR TO SHIPPING - Payment is due, in full, prior to shipping for all goods covered by this order. Buyer authorizes Supplier to charge the credit card number set forth on the order form for the total amount due, plus shipping charges, prior to the goods being shipped to Buyer. Supplier reserves the right, among other remedies, either to terminate this Agreement or to suspend delivery in the event Buyer fails to pay for any shipment when it becomes due. Supplier is entitled to attorneys’ fees and expenses if collection activities are necessary.
3. Alteration, Amendment, Change or Addition to Previously Accepted Order - Upon acceptance of order by Supplier, Supplier may, in its sole discretion, accept any alternations, amendments, changes or additions (“changes”) to the original order that are requested by Buyer. However, no changes to an original order shall be binding upon Supplier unless reduced to writing and signed by Supplier and Buyer. Further, any such changes shall in no way waive Buyer’s obligation to comply with all terms and conditions related to the original order, including but not limited to responsibility for full payment for goods as requested in the original order.
4. REFUNDS, RETURNS AND EXCHANGES – With respect to specially manufactured goods, no returns or refunds are available. Exchanges are handled on a case-by-case basis, unless the good has been monogrammed or otherwise received a mark or imprint unique to the purchaser. In that instance, exchanges are not available.
5. RISK OF LOSS - Supplier shall bear all risks of loss or damage to the goods covered by this order until delivery of items to the designated shipper.
6. Statement of Limited Warranty - Supplier states that in the event of a defect, malfunction, or other failure of the goods covered by this order under circumstances that do not render this limited warranty void, the Supplier will utilize its best efforts to remedy such failure or defect, without charge for parts or labor. “Best efforts” is defined as commercially reasonable attempts to remedy a covered defect, malfunction, or other failure. There is no guarantee, however, that any and all defects, malfunctions, and/or failures can be remedied.
7. Goods Covered by Limited Warranty, Exceptions -This limited warranty covers the goods covered by this order.
8. Terms of Limited Warranty - The one-year term of this limited warranty begins on the date the goods are delivered to the first purchaser at retail. The original purchase receipt must be retained in order to claim benefits under this limited warranty. No deductible applies to this limited warranty.
9. Exclusions and Limitations - This limited warranty is void if the goods are subjected to materials, events, and/or conditions other than normal and proper use, including but not limited to: (i) the goods are utilized or stored under abnormal conditions; (ii) the goods are repaired, modified or altered, unless such repair, modification or alteration is expressly authorized by the Supplier in writing; and/or (iii) the goods are subject to abuse or neglect. Pens should be stored at a temperature between 60 and 75 degrees Fahrenheit, stored at humidity between 50% and 70%, and protected from prolonged exposure to direct sunlight.
10. Procedures for Obtaining Performance of Limited Warranty - To obtain performance of any obligation under this limited warranty follow this procedure:
(a) Contact Supplier at Higdon Writing Instruments,
(b) You may arrange to have the goods delivered to Supplier by shipping the goods and copies of the proof of purchase (sales receipt) to the Supplier at the above-referenced address. Title and risk of loss to the goods pass when the goods are delivered to the Supplier by the designated shipper. Supplier is not responsible for paying shipping costs, loss or damage to the goods during shipping, and any other taxes, fees or charges associated with transporting the goods to Supplier’s location. Supplier will pay the costs of returning the goods from Supplier’s location to any location within the
11. EXCEPT FOR THE LIMITED WARRANTY EXPRESSED IN THIS AGREEMENT, SUPPLIER DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. SUPPLIER WILL NOT UNDER ANY CIRCUMSTANCES, WHETHER AS A RESULT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST BUYER OR BUYER’S CUSTOMERS, EVEN IF SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS.
13. SUPPLIER’S MAXIMUM LIABILITY TO BUYER IS LIMITED TO THE PURCHASE PRICE PAID FOR THE GOODS.
14. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED ABOVE WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND REGARDLESS OF WHETHER BUYER HAS PURCHASED ANY GOODS UNDER THIS AGREEMENT.
15. Interpretation - The headings appearing in this Agreement are inserted only as a matter of convenience and in no way amplify, define, limit, construe or describe the scope or intent of such provisions of the Agreement. The neuter, feminine or masculine pronoun when used shall each include each of the genders and the use of the singular shall include the plural. The language of this Agreement will in all cases be construed simply according to its fair meaning and not strictly for or against Supplier or Buyer.
16. Successors - This Agreement shall inure to the benefit of and be binding on Supplier, its successors and assigns, and shall be binding upon Buyer, its successors and assigns, and shall inure to the benefit of Buyer and only such assigns of Buyer to whom the assignment by Buyer has been made and consented to in accordance with the provisions of this Agreement.
17. Force Majeure - Supplier shall not be considered in default in the performance of its obligations herein to the extent that performance of such is delayed or prevented due to causes beyond the control of said Party, including, but not limited to acts of war, sabotage, strikes, fires, freight embargoes, floods, explosions, epidemics or other causes or events beyond the control and without the fault or negligence of Supplier.
18. Entire Agreement - There are no oral agreements between the Parties affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements, presentations, promises, warranties and understandings between the Parties. No conditions, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain or supplement the terms or conditions of this Agreement shall be binding unless hereafter made in writing and signed by the party to be bound. No modification shall be effected by the acknowledgment or shipping instruction forms containing terms or conditions at variance with or in addition to those set forth herein. No alteration, amendment, change or addition to this Agreement shall be binding upon Supplier or Buyer unless reduced to writing, signed by them, and mutually delivered between them.
19. No Waiver - No waiver by Supplier with respect to any breach or default or of any right or remedy and no course of dealing shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver is hereafter expressed in writing signed by the party to be bound.
20. Severability - If any term, condition or provision of this Agreement or the application thereof is judicially or otherwise determined to be invalid or unenforceable, or if the Parties mutually agree in writing to any revision of this Agreement, the remainder of this Agreement, and/or the application thereof to situations other than that as to which it is invalid or unenforceable, shall not be affected, and this Agreement shall otherwise remain in full force and effect.
21. NOTICE - Any notice which may or shall be given under the terms of this Agreement shall be in writing and shall be either delivered to the Notice Address of each Party by hand or sent by United States Certified Mail, postage prepaid, return receipt requested. Either Party's address may be changed from time to time by such Party by giving notice as provided above. No change of address of either Party shall be binding on the other Party until notice of such change of address is given as herein provided. For purposes of the calculation of various time periods referred to herein, notice delivered by hand shall be deemed received when delivered to the place for giving notice to a Party referred to above and notice mailed in the manner provided above shall be deemed completed upon the earlier to occur of (i) actual receipt as indicated on the signed return receipt, or (ii) three (3) days after posting as herein provided. Finally, any written notice addressed as provided hereinabove and actually received by the addressee shall constitute sufficient notice for all purposes under this Agreement. For the purposes of this Paragraph, the notice address for Supplier is Higdon Writing Instruments,
22. Survival of Obligations - All obligations which by their nature survive termination will survive termination of this Agreement.
23. Applicable Law - The validity, enforceability, and interpretation of this Agreement will be determined in accordance with laws of the State of
24. JURISDICTION – Any proceeding arising out of or relating to these terms and conditions, any other notice, condition of use, or privacy policy posted on this site, and/or the use of or purchases made on this website generally, shall be brought either in the courts of (i) the State of Georgia, County of Cobb, or (ii) if it has or can acquire jurisdiction, in the United States District Court for the Northern District of Georgia.
25. Authorization - The Parties represent and warrant that they have full and complete authority to execute and deliver this Agreement and to perform the obligations hereunder.