TERMS & CONDITIONS
Last Updated 11/10/2019
All sales made by NIRAY LLC (“Seller”) to the Client (“Buyer”) are expressly conditioned on the Buyer’s acceptance of the following terms and conditions. These terms and conditions may only be amended or waived in writing by an authorized representative of Seller. Seller reserves the right to change, modify or amend these terms and conditions without prior notice. Your continued use of this site and orders placed via email (email@example.com) to Seller shall be deemed to be your agreement to be bound by any such modifications, alterations or updates.
PRICING: Seller reserves the right to increase the pricing stated herein to the extent that Seller may deem warranted as a result of increases in the cost of labor, materials, shipping, overhead expenses, or other business-related charges. All quoted or invoiced pricing is valid for thirty (30) days from issuance of quote or invoice. Except as otherwise set forth on the invoice, terms of payment are net seven (7) days from invoice date and all prices set for the herein are subject to adjustment by Seller.
Current prices on the website supersedes any previous website pricing. To the extent the price on the website differs from printed branding packages and materials, the price on the website shall prevail. All prices are subject to change without notice and are not guaranteed, except that prices agreed upon in writing have been accepted by the Seller and a non-refundable retainer has been paid on the invoice to hold the pricing for no longer than thirty (30) days. Pricing is not subject to change once the Buyer remits full payment of their invoice in full unless the Buyer ceases communication with the Seller for longer than forty-five (45) days from the date of full payment. Design and Website projects are considered abandoned after forty-five (45) days of the initial deposit or full payment of the invoice if Seller attempts to communicate and acquire content, written or photographic, required to complete the project. Unresponsiveness of the Buyer precludes our ability to fulfill the obligations of the contract set forth in the invoice.
PAYMENT TERMS: The Buyer's invoice contains the complete and entire agreement between the parties. Terms are net seven (7) days from the date of Seller’s invoice. For Seller’s invoices which are not paid within the foregoing terms, Seller shall have the right, in addition to all other rights and remedies, to assess a late payment charge of one and a half percent (1.5%) per month compounded on the unpaid balance of any amount then past due. Buyer shall be responsible for any and all fees and expenses incurred by Seller in collecting any payments due, including, but not limited to, attorney’s fees and collection costs. Seller reserves the right, at any time, to revoke any credit (discounts) extended to Buyer because of Buyer’s failure to pay for products and/or services when due or for any other reason deemed good and sufficient by Seller and in such event, all subsequent products and/or services shall be paid in full prior to producing work. No invoice may be cancelled, rescheduled or reconfigured without Seller's prior written authorization and, in such event, Buyer will be liable to Seller for any additional costs and expenses incurred by Seller.
In the case of default or breach of contract by Buyer in the performance or fulfillment of any or all provisions of this agreement, Seller may cancel any outstanding projects from Buyer and declare all obligations immediately due and payable. Failure to pay by the due date shall entitle the Seller to suspend fulfillment of all current and future projects. Where the Seller has good reason to believe Buyer may default on payment, Seller reserves the right at any time and in its absolute discretion to demand immediate payment of the account and to take legal action to recover the debt and costs.
Seller reserves the right to modify terms prior to shipment, require payment in advance, or delay or cancel any shipment or order by reason of Buyer’s creditworthiness or should Buyer fail to fulfill any obligation when due.
RETURN POLICY: No returns may be made for any reason without a Quality Assurance Form issued by Seller. At which time, Seller will review the submission and determine if a company credit or replacement is most applicable given the reason for replacement based on findings of investigation.
SHIPPING/DELIVERY POLICY: If Buyer refuses to accept tender or delivery of any products or returns any products without authorization from Seller, such products will be held by Seller awaiting Buyer’s instruction for 10 days, after which Seller may deem the products abandoned and dispose of them as it sees fit, without crediting Buyer’s account. Seller reserves the right to modify terms prior to shipment, require payment in advance, or delay or cancel any shipment or order by reason of Buyer’s creditworthiness or should Buyer fail to fulfill any obligation when due.
Seller will not be liable for any failure or delay in its performance or in the delivery or shipment of products, or for any damages suffered by Buyer by reason of such failure or delay, when such failure or delay is caused by, or arises in connection with, any Act of God, fire, flood, accident, riot, earthquake, severe weather, war, governmental interference or embargo, strike, shortage of labor, fuel, power, materials or supplies, delay in delivery by Seller’s suppliers or any other cause or causes beyond Seller’s reasonable control. Seller reserves the right to cancel without liability any order, the shipment of which is or may be delayed for more than 30 days by reason of any such cause. Seller reserves the right to allocate in its sole discretion among Buyers or potential Buyers, or defer or delay the shipment of, any product which is in short supply.
Acceptance of Terms
Through the use of this website and orders placed via email, you are hereby accepting the terms and conditions stipulated within the aforementioned Terms and Conditions. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and acceptance of such changes.
How to Contact Us
If you have any questions or concerns regarding the Terms and Conditions related to our website, please feel free to contact us at the following email, telephone number or mailing address.
Telephone Number: (571) 385-6014
Mailing Address: NIRAY LLC 1320 Central Park Blvd Ste 200 Fredericksburg, Virginia 22401