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General Terms

When a moxie b2b representative provides a client or prospect with a quote, featured prices are based on the defined scope of branding services, and/or specific product quantities and may not include: customization or personalization (including set-up & run charges); shipping & processing; FL State Sales Tax (if applicable); drop-shipping charges (if applicable), and gift wrapping charges (if applicable). With the exception of technology products, including but not limited to USB drives, digital photo frames, and MP3 devices, and unless otherwise indicated, prices quoted by a moxie b2b representative are valid for 30 days.

Please note that all items are subject to availability, and availability may change from time of quotation to time of order placement. For holiday orders, please allow an additional 4-6 weeks for production. However, to ensure availability, items can be reserved in advance with a 70% non-refundable deposit. Items ordered in advance that need warehousing may be subject to applicable warehousing fees.

Art Charges

Orders without correctly supplied vector art or requiring special design services are subject to art and/or graphic design charges. Please see our art guidelinesfor more information about vector art.

Order Policy

Clients will be provided with a pro forma invoice for all orders. All customized orders require at least a 50% deposit. Some orders may be subject to prepayment in full. Acceptable forms of payment include: money order, check or credit card (Visa, MasterCard, American Express, Discover). Balance is due upon receipt of item(s) and final invoice. moxie b2b reserves the right to assess an interest charge of 1.5% per month on all late payments.

moxie b2b reserves the right to require a pre-production sample on any order that either moxie b2b or applicable manufacturers deem necessary, at the client’s expense. Firm orders which are cancelled or decreased while in progress will be assessed a service charge for the labor and those materials expended through the date of decrease or cancellation along with shipping and processing charges. All orders are subject to moxie b2b’ terms & conditions, which include the terms & conditions of each applicable manufacturer/vendor/business affiliate. By placing an order with moxie b2b, client thereby accepts moxie b2b’s terms & conditions.

Return & Cancellation Policy

Overall, moxie b2b policies with respect to cancellations, returns, damages, requests to re-do an order are reflective of our respective manufacturers/vendors/business affiliates. For specific information regarding return or cancellation policy on a prospective order, please contact moxie b2b for details. As a general rule, emblematic/engraved/imprinted or any customized merchandise may not be returned. Plain merchandise returns, if determined to be allowed in a given case, must be authorized in writing by moxie b2b, and requests for returns must be made in writing within 14 days of receipt of item(s). Unless returned items are deemed defective by moxie b2b and/or the applicable manufacturer(s) or determined by moxie b2b and/or the applicable manufacturer(s) to be incorrectly supplied by moxie b2b, returned items will be subject to shipping and processing charges along with any additional charges that may be applicable, including but not limited to: restocking fees, order cancellation fees, associated labor for a secondary quality control review.

Overruns/Underruns

In accordance with the policies of the manufacturers/vendors/business affiliates we represent, we reserve the right to ship and invoice the requested order on promotional products plus or minus 10 percent, or by the percentage specified by our respective manufacturers/vendors/business affiliates, whichever percentage is greater. Exact quantity shipments may be subject to a special handling fee as per the applicable manufacturers/vendors/business affiliates.

Applicable Law

These Terms & Conditions are governed by and construed under the laws (excluding conflicts of law provisions) of the State of Florida.

Arbitration

This Arbitration section sets forth the circumstances and procedures under which Claims (as defined below) may be arbitrated instead of litigated in court.
 
As used in this Arbitration section, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to your business transactions with moxie b2b,  these Terms & Conditions, any other related or prior agreement that you may have had with us or the relationships resulting from your business transactions with us, these Terms & Conditions or any prior agreement, including the validity, enforceability or scope of this Arbitration section, these Terms & Conditions or any prior agreement. For the purposes of this Arbitration Provision, “you” and “us” also include any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of “Claims.” “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims, third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. “Claim” also includes claims by or against any third party using or providing any product, service or benefit if and only if such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to any business transactions conducted with moxie b2b. We shall not elect to use arbitration under this Arbitration Provision for any Claim that you properly file and pursue in a small-claims court in your state or municipality as long as the Claim is individual and pending only in that court. As used in this Arbitration section, “you” and “us” also include any corporate parent, wholly or majority-owned subsidiaries, affiliates, licensees, predecessors, successors, assignees and all agents, employees, directors and representatives of any of the foregoing, and other persons referred to above in the definition of “Claim.”

Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedure of the national arbitration organization (the “Code”) to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the National Arbitration Forum (“NAF”), the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: NAF, P.O. Box 50191, Minneapolis, MN 55404; Web site: www.arbitration-forum.com. AAA, 335 Madison Avenue, New York, NY 10017; Web site: www.ADR.org.

IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM OR TO HAVE THEIR CLAIMS RESOLVED EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF OR AAA, AS APPLICABLE (THE “CODE”). FURTHERMORE, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class-action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other enrollees or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to awards to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless agreed to in writing by all parties.

This Arbitration section is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC Sections 1–16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief-written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of either party’s request will be at the sole discretion of the arbitrator, who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall reconsider anew any aspect of the initial award requested by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel, which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. You will be responsible for paying your share, if any, of the arbitration fees (including filing, administrative, hearing and/or other fees) provided by the Code, to the extent that such fees do not exceed the amount of the filing fees you would have incurred if the Claim had been brought in the federal or state court closest to your billing address that would have jurisdiction over the Claim. We will be responsible for paying the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees for any Claim you initiate in which you or we seek arbitration. You will not be assessed any arbitration fees in excess of your share if you do not prevail in any arbitration with us. This Arbitration Provision shall survive termination of the program or your participation in it. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms & Conditions or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

Questions

If you have questions or concerns regarding these Terms and Conditions, you should contact moxie b2b by e-mail questions@moxieb2b.com


 

 

 

 

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