FOB & Transport fees
All purchases are FOB Santa Ana, California, unless otherwise notated on the invoice. Buyer assumes all responsibility and liability for shipping and all related costs, which may include but is not limited to disassembly, packaging, crate preparation, loading, transport, warehouse fees, unloading, forklift rental, and handling.
Buyer may choose to have Double Decks manage shipping on its behalf, or alternatively, it may handle shipping arrangements on its own. Double Decks has extensive experience in shipping and handling of exhibit booths and is often able to acquire these services at discounts for its buyers. Double Decks is willing to provide quotes for these services at no cost or obligation to Buyer.
Buyer agrees to inspect purchased components and accessories within ten business days of receiving them. Double Deck systems should be inspected within 30 days of receiving them. If there is any damage or missing components to a double deck system, buyer agrees to notify Double Decks within 30 days of receiving the system. Likewise, any damage to components or accessories received, needs to be notified to Double Decks within ten days of receiving them. Valid notice must be via email to firstname.lastname@example.org, should include digital photos of subject damage, and/or a statement about missing components, and must have Double Derks's email reply acknowledgement. Notices received beyond the 30 days, and ten days periods as mentioned will not be considered.
Upon timely receipt of notification, Double Decks will investigate the problem, identify possible solutions, and suggest remedies to Buyer. Such remedies may include: Shipping of replacement components or accessories to the buyer, or making an adjustment to the purchase price. One of the reasons for timely notification is this: Occasionally shipping companies may either damage components, or even lose some components when shipping long distances. Without a timely notification, Double Decks loses their ability to either locate the missing components, or to file a damage claim with the shipping company.
Double Decks is never responsible for any collateral damage, resulting from missing components, or delays in the shipping process, which are beyond its control.
Buyer’s use of booth, exhibit or any of its components in any public venue whatsoever certifies complete and unqualified acceptance of purchase, and relinquishes any right for inspection, claim, remedy, or return.
New Custom- built booths
Any booth, exhibit, deck, or system that is brand new, and is custom built for a specific customer, will be ineligible for a refund, or a return. Once the new build process has started, and supplies have been ordered, there will be no refunds granted for any reason. This also applies to custom components, any custom parts, or any custom graphics that are made specifically for a customer.
Payments on new custom- built booths
New custom- built booths, exhibits, or decks, shall require a non-refundable deposit of 50% in order to start the new build project. Once the booth build is completed, then the remaining balance owed shall be due, and payable, before the booth, or any portion of the booth can ship out. The customer is welcome to either make an inspection at the warehouse, or request to have pictures of the booth sent to them. Upon final payment of the remaining balance owed on a custom booth build, the transaction is then considered approved, and completed. Once final payment is received on a custom- built booth, the booth then cannot be returned for a refund for any reason. Any modifications requested on a custom built booth must be in writing, via return receipt email, and before the final payment is made.
Any bad funds payments, which consist of either a bad check, a chargeback on a credit card, a faulty bank wire, or any other fraudulent method of payment will subject the bad payer to the following: Any and all legal fees, various collection costs, and other related charges. Bad payments are also considered a complete violation of this agreement and may result in other legal issues, and liabilities for the bad payer, depending upon the size of the bad payment.
Buyer must have a Return Materials Authorization (RMA) from Double Decks, and accepts all responsibility for all shipping costs, for all returns, for any reason. Double Decks will issue its RMA via email.
Double Decks may, at its sole discretion, begin charging storage fees for all components not picked up within seven calendar days from date of purchase, unless otherwise specified on invoice.
Mediation and Arbitration
The parties will resolve all disputes arising under this agreement first by mediation, and then, if mediation fails, by arbitration under the rules of the American Arbitration Association. Arbitration shall take place in Orange County, California, unless the parties unanimously agree on a different location. The arbitrator's decision shall be final and binding on all parties.
Successors and Assigns
This Agreement shall be binding on the parties, and on their parent companies, successors, and assigns, without regard to whether any instrument of succession or assignment expressly acknowledges such binding.
Purchaser agrees to indemnify Double Decks against all losses, damages, claims, expenses, and attorneys’ fees incurred or suffered by Double Decks because of any breach of this Agreement by Purchaser or its Representatives.
The laws of the State of California, Orange County, within the laws of the United States of America shall govern the terms, validity, interpretation, and performance of this Agreement. Purchaser consents to the exclusive jurisdiction of the state courts and the U.S. federal courts located there for any dispute arising out of this agreement.
Double Decks may obtain, in addition to any other available legal remedies, such equitable relief as may be necessary to protect itself from any breach or threatened breach of confidentiality or exclusivity.
All notices with regard to this Agreement shall be printable and signed, and then sent to the last known addresses of the respective Parties via:
(a) U.S. certified mail, return receipt requested, or;
(b) Hand delivered to the respective Parties by official service, or;
(c) Imprinted with electronic signature, and electronically emailed to the respective parties, return receipt requested.
This Agreement supersedes all prior discussions, understandings, representations, and agreements on the subject matter thereof, whether written or oral. Only a further writing, duly executed by authorized representatives of both Parties, may modify or amend this Agreement.
If a court of competent jurisdiction holds any term or terms of this Agreement to be invalid or unenforceable, then this Agreement, including all of the remaining terms will remain in full force and effect as if such invalid or unenforceable term had never been included.
No Implied Waiver
Double Decks failure to insist or enforce in any one or more instances upon strict performance by Purchaser of any of the terms of this Agreement shall not constitute a waiver of, or affect its right to avail itself of, such remedies as it may have for any subsequent breach of the terms of this Agreement.
The parties shall construe the headings contained in this Agreement as provided for convenience only and shall not use them to construe meaning or intent.