- DEFINITIONS. 'BUYER' shall mean the person or entity described on the face hereof as the "Sold to". "Goods" shall mean the products described on the face here of as being sold to BUYER. "LIQUID COURAGE" shall include the company Liquid Courage Limited.
- ACCEPTANCE. Notwithstanding anything in BUYER's form of Purchase Order or other order form to the contrary, BUYER's acceptance of the Goods shall constitute an affirmation by BUYER that the terms and conditions set forth herein govern the purchase and sale of the Goods and that the terms in BUYER's order forms that are in addition to, in conflict with or are different from the terms and conditions herein shall have no effect on this transaction. The contract formed in accordance with the foregoing shall be referred to as the "Order".
- PURCHASE PRICE. The BUYER agrees to pay the total purchase price as specified on the front of this document. Prices shown at the store or on our website for any products or services offered are subject to change without notice.
- SPECIAL ORDERS: All special orders require a non-refundable 75% down payment with the 25% balance due on arrival of the goods at Liquid Courage.
- PAYMENT TERMS. For credit accounts, the total amount of this Invoice shall be payable in full by Buyer within thirty (30) days after the date of this invoice. Please allow 3 working days for payments to be posted. All amounts past due are subject to a late charge of one and one-half percent (1 1/2%) per month or eighteen percent, (18%) per annum. All managers or company checks must be pre-approved by Liquid Courage Management. Personal checks are discouraged, and must be pre-approved by Finance and cleared before product can be released. A service fee of $45.00 will be added to all return checks. The minimum credit card charges will be $25.00 and must be accompanied by photo ID. All cash refunds over $100.00 will be issued by check the following Monday after 1pm to the original purchaser; all others will be in the form of the original payment; re: Credit Card, Store Account.
- LOYALTY PROGRAMS: LIQUID COURAGE at their sole discretion will invite customers to participate in customer loyalty programs and shall have the right to change the terms and conditions of those programs at any time. LIQUID COURAGE can change the programs and/or remove customers from loyalty programs without notice. Loyalty points cannot be transferred between sister companies or customer accounts. The terms of our loyalty programs are listed on a separate document.
- Delivery charges apply at the discretion of Liquid Courage Limited and are subject to change without notice.
- While LIQUID COURAGE does their best to satisfy customer requests on delivery schedules and timing, no implied or expressed time commitments for delivery shall be honored by LIQUID COURAGE in any form. Traffic, weather, scheduling, mechanical failures, and inventory availability may impact delivery schedules and therefore no commitments by anyone shall be held in force.
- The driver has the final authority on the placement of product delivered to the customer location and will exercise judgment as to the safety of the terrain and request for special placement of the goods being delivered.
- Rescheduled deliveries for any reason are subject to an additional delivery charge. We are under no obligation to wait for you to arrive to accept delivery.
- Customers must sign for accuracy of products and quantities delivered, and once in receipt of goods shall then be held responsible for any defects or discrepancies.
- A signature on the delivery pick slip is required for each delivery, and signifies that the order is correct. We will not be held responsible for errors if the customer requests we leave goods at the delivery site without a signatory.
- PICK-UP. We are not responsible for any purchased items left in store after 24 hours. Goods purchased for pick up will be charge a storage fee of $25.00 /day for every day the order stays over the agreed time.
- INSPECTION. The BUYER shall inspect the Goods at delivery and shall notify LIQUID COURAGE of any defects or discrepancies immediately. The customer has 3 business days to report defective products. If the product is defective, (for example a bad bottle of wine) the customer may return the merchandise for an identical or similarly valued replacement.
- TITLE AND RISK OF LOSS. Title and Risk of loss or damage to the Goods shall pass to the BUYER on the date and time of shipping products(s) to the BUYER.
- LIMITED WARRANTY. LIQUID COURAGE offers no warranty other than the express warranty offered by the manufacturer. However, LIQUID COURAGE will not warrant any Goods which have been subjected by a third party to improper freight handling/shipping, abuse, neglect, or have been installed. This warranty policy does not extend beyond the original BUYER.
- DISCLAIMER OF WARRANTY. LIQUID COURAGE MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY ' IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER'S SOLE AND EXCLUSIVE REMEDY FOR LIQUID COURAGE LIABILITY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND THE BREACH OF ANY AND ALL WARRANTIES) SHALL BE LIMITED TO THE REPLACEMENT OF DEFECTIVE GOODS AT NO CHARGE TO BUYER. IN NO EVENT SHALL LIQUID COURAGE'S LIABILITY INCLUDE ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSSES OR DAMAGES.
- RETURN OF GOODS. All authorized returns must be made within 3 days of purchase (no exceptions) and are subject to a 10% restocking fee. Returned items must be in a condition suitable for resale, in its original packaging and accompanied by the original receipt. Returning delivered product is the responsibility of the purchaser, or at the purchaser's request we will pick up for a $50 fee. The materials must be in good condition and original receipt must accompany the return of goods. Returns are for store credit or exchange only, no cash refunds. Special Orders, discontinued items, sale items, expired products or "specials" are not eligible for return or exchange. Open, damaged or used products are not returnable. Wines will not be accepted for re-stocking if they have been heated, chilled or the labels are missing and/or damaged. Please note that taste alone cannot be the sole basis for a return. Our wines are carefully selected by our team in order to offer a diverse range of high-quality wines to our customers. Our mission is always to provide you with as much information as possible to help you make a selection that you will enjoy.
- CANCELLATION. An Order may not be canceled, in whole or in part, by BUYER without LIQUID COURAGE's prior written consent and only upon terms and conditions that will indemnify, hold harmless and compensate LIQUID COURAGE against loss including, but not limited to the loss of profits as a result of such cancellation.
ATTORNEYS' FEES. If any suit or action to enforce or to interpret any of the terms, conditions or covenants herein, or to recover damages as a result of a breach of any provision of this Order, the prevailing party shall be entitled to recover from the party not prevailing the costs and expenses, including reasonable attorneys' fees incurred by the prevailing party in prosecuting or defending such action and any appeals taken there from.
GOVERNING LAW VENUE. This Invoice and the rights and obligations of BUYER and LIQUID COURAGE shall be governed by and construed in accordance with the laws of the Bahamas, excluding its choice of law provisions. All disputes arising under or related to this Invoice which are not settled by agreement of the parties shall be litigated in the Bahamian Court System.
SEVERABILITY. If at any time any one or more of the provisions of this invoice becomes or is held by a court to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions of this Invoice shall not in any way be affected or impaired thereby.
ENTIRE AGREEMENT. This Invoice sets forth the entire agreement between LIQUID COURAGE and exclusively determines the rights and obligations of BUYER and LIQUID COURAGE, notwithstanding any, prior course of dealing, custom or usage of trade or course of performance or any additional or different terms proposed by BUYER at any time.
DEFAULT: If the buyer fails to pay all or any part of the sums due or pending or to observe or perform any of its obligations pertaining to this invoice, all sums due or pending may at the option of the seller be demanded and will become immediately due and payable. The seller may terminate this contract and exercise any other remedies available under this contract and any applicable laws if the buyer breaches any part of this agreement.