Holiball, Inc
TERMS AND CONDITIONS
All orders will ship from Houston Texas unless otherwise advised.
Placement of an order will confirm your acceptance of the terms and conditions, including the Limited Warranty and Limited Warranty Remedies.
LIMITED WARRANTY
This Limited Warranty covers defects in materials or workmanship of the Holiball® and its accessories for a period of one (1) year after date of purchase.
Normal wear and tear over time are not product defects. Product problems caused by disregarding the product instructions, abuse, misuse, alteration, accident and/or use beyond the Holiball® and/or its accessories’ intended outdoor decorative purposes are not covered. This warranty is valid for the original owner and is not transferable. Proof of purchase is required.
Any implied warranties and conditions, such as merchantability and fitness for a particular purpose are hereby excluded, or if not excludable under law, are limited to one (1) year period. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you
NO INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARE RECOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY DEPENDING ON THE JURISDICTION.
LIMITED WARRANTY REMEDIES
We will replace any Holiball® or its accessories we determine to be defective provided you follow our product return directions and the above warranty period has not expired. Please note that replacement product may not be exact due to style changes to our products. We will cover the mailing expense to send you a replacement product. However, mailing costs to return to us the original Holiball® or its accessories which are claimed to be defective must be paid by you. If a replacement product is not available at the time you submit your warranty request, we will issue a refund.
For warranty service, please see our contact information below.
NON-WARRANTY CLAIMS
If your order is damaged in shipping or if the Holiball(s)® and accessories you received are not what you ordered, you must contact us no later than 10 days from your receipt of delivery. No claims will be honored after 10 days. We will promptly address your non-warranty claim and make things right for you.
RETURNS / EXCHANGES
We accept returns or exchanges for 14 days upon date of delivery to notify us in order to receive a full refund or exchange of choice for your item(s). We do not cover the mailing expense on the return or exchange of the purchased product being returned or exchanged. You will receive a refund within 3-5days after the date your return or exchange has been received. Please see contact information below to file your return or exchange.
CONTACT INFORMATION
Phone: (832)992-BALL
Email: [email protected]
Please submit request with your order number and detailed item(s).
Website Contact Form: www.theholiball.com
All Rights Reserved Holiball® Inc, 2021Updated 2021
WHOLESALE TERMS AND CONDITIONS
HOLIBALL INC TERMS AND CONDITIONS OF SALE
Thank you for your interest in carrying our line. Partnering with us by placing an order is an agreement of the sale of goods by HOLIBALL INC to the buyer of such goods (“Purchaser”) shall be governed and controlled by, and are subject to, HOLIBALL INC Terms and Conditions of Sale.
Becoming a Retailer
HOLIBALL INC requires a Valid resale Tax ID by either residing State and or Federal Tax license of Purchaser be on file and maintained by the Purchaser. It is the discretion of HOLIBALL INC in approving a retailer’s status and or removing the ability to resale and or represent our Brand. MINIMUM PURCHASES are $1500, unless otherwise noticed and approved by an authorized HOLIBALL INC representative. All stocking items are sold in cases of 6 units per sku. The following terms and conditions are subject to change and or be updated by HOLIBALL INC. By placing a pre-order or purchase order with HOLIBALL INC you are in agreement as the Purchaser of goods to maintain and abide by the given Terms and Conditions of HOLIBALL INC. The Purchaser will be considered to be in breach of contract upon refusal to abide by the Terms and Conditions of HOLIBALL INC.
Pre-Orders
Pre-Order pricing are for the periods of time specifically stated in a written pre-purchase order form. Agreements of Pre-order sale by HOLIBALL INC are written and agreed to by Purchaser on Pre-Order Form. Pricing in all cases are subject to the commitment and signature of the Purchaser during the written pre-order of the described goods. If no signature or written commitment was made by Purchaser to an authorized representative of HOLIBALL INC, then a draft order estimate of prices are not firm and are subject to change without notice. Draft orders are considered to be based on an estimation of goods, and are not binding order of HOLIBALL INC, until pre-order of goods is accepted in writing by the Purchaser and an authorized representative of HOLIBALL INC.
Terms of Payment
Except as otherwise provided in writing by HOLIBALL INC, the price and time of payment are as shown on a Pre-Order acknowledgement. HOLIBALL INC, does not offer payment terms, unless approved in writing by an authorized representative of HOLIBALL INC. HOLIBALL INC, reserves the right, to subject past due amounts an interest rate of 18% per annum, from and after due date. If balance due is collected through court, probate, bankruptcy proceedings, or if placed in the hands of an attorney for collection, HOLIBALL INC, shall be entitled to recover accrued attorney's fees and court costs. If the Purchaser shall fail to comply with any provisions hereof or fail to make payments in accordance with the terms of payment, or other written payment agreement between Purchaser and HOLIBALL INC, HOLIBALL INC has the sole discretion to permanently remove Purchaser from list of approved retailers present and future.
Zip Code Protection
HOLIBALL INC does not zip code protect. Unless directly agreed upon in writing made by an authorized representative of HOLIBALL INC, zip code or territory protection is not designated to the Purchaser.
Responsibility of Purchaser
HOLIBALL INC reserves the right to accept an or subject to reject binding purchase order with or without advance notice to the Purchaser. HOLIBALL INC is not obligated to accept future purchase orders made by the Purchaser of any other approved retailer. The Purchaser, as an approved retailer of HOLIBALL INC, is subject to the limitations of resale stated below. HOLIBALL INC has the right to restrict and or remove and restrict the purchaser from resale of goods without given notice if the Purchaser, unless given written approval by a HOLIBALL INC authorized representative, to act as a distributor, the Purchaser goods are listed below the value of goods designated MSRP of HOLIBALL INC, placing goods on direct sale of HOLIBALL INC product and should only be discounted as a storewide percentage.HOLIBALL INC prohibits the sale of goods by the Purchaser on any third party marketplace including, without limItations;
AMAZON, ZAPPOS, OVERSTOCK, EBAY, WALMART MARKETPLACE, WAYFAIR AND OR AFFLIATED PARTIES, FAIRE, FACEBOOK MARKETPLACE, ETSY, JET.COM, SPREETAIL, RAKUTEN, NEWEGG, CHARISH, IFY, SELLBRITE, ALIEXPRESS, ALIBABA GROUP, TARGET PLUS, WISH, ALLEGRO, JD.COM, CDISCOUNT.COM, ZALANDO, LAZADA, SHOPEE, TAOBAO, TMALL, TOKOPEDIA, AMERICANAS, LINIO.
Reselling to the above third party marketplaces are subject to infringement of proprietary goods claimed by HOLIBALL INC. Fines include any and all attorneys fees associated with given notice and that result in fault of the Purchaser negligence to follow HOLIBALL INC Terms and Conditions of Sale. Third party sites will be monitored and are subject to change without given notice by HOLIBALL INC.
HOLIBALL LINC reserves the right to approve any sale of HOLIBALL INC goods online. The purchaser must seek prior approval by authorized HOLIBALL INC representative and attain provided approved marketing material for online sales made by the Purchaser. The purchaser does not have approval and agrees to not engage in paid advertising using HOLIBALL INC, HOLIBALL ®THE INFLATABLE ORNAMENT®, HOLIBALL® or registered trademarks of HOLIBALL INC. HOLIBALL INC is subject to recover all costs associated with all legal fees in the event that the Purchaser has engaged in the prohibited form of sales listed within HOLIBALL INC Terms and Conditions.
HOLIBALL INC reserves the right to maintain Brand awareness through the Purchaser and has the option to remove the Purchaser and goods from approved retailers if the Purchaser representation is negative or below a level of standard of the Brand.
MARKETING GOODS
HOLIBALL INC will make the Purchaser available to digital images to use and promote through social media and or approves online store sales. Provided photos, and or social images reused by the Purchaser must be photo credited to HOLIBALL INC, @theholiball.
HOLIBALL INC will also maintain rights to intellectual property and the responsibility to uphold HOLIBALL INC copyright and registration marks. HOLIBALL INC products sold online should be listed as the brand HOLIBALL® THE INFLATABLE ORNAMENT®, HOLIBALL®, OR HOLIBALL® INC. Misrepresenting, marketing our products without our brand will be subject to cancellations and refusal of goods.
Force Majeure
Purchase orders and shipments are subject to strikes, labor disputes, acts of God, accidents, machinery breakdown, delays of carriers or suppliers, governmental acts, fires, terrorism, hurricanes, and any other causes, similar or dissimilar, which are beyond HOLIBALL INC's reasonable control (“Force Majeure Event”), and HOLIBALL INC shall not be liable for any late or delayed delivery, or shortages in quantity, which arises out of, or in connection with, any Force Majeure Event. HOLIBALL INC may, during period of shortage however caused and without liability, prorate its goods among its customers in such manner as HOLIBALL INC may deem fair and practicable.
Delivery
Unless otherwise agreed in writing, any shipment of goods to the Purchaser will not be released by the HOLIBALL INC until payment of goods is credited in full. HOLIBALL INC will designate delivery date, and will make delivery date available to the Purchaser. HOLIBALL INC may accept previously arranged delivery by the Purchaser. Delivery date and or address and delivery adjustments or changes MUST be notified in writing 30 business days prior to estimated delivery window designated to the Purchaser by HOLIBALL INC. All shipping, handling and related freight charges to HOLIBALL INC, will be forwarded to the Purchaser on any and all unnoticed changes made after 30 business days of delivery window. HOLIBALL INC reserves the right to designate carrier for the Purchaser of shipment of goods. HOLIBALL INC will not be responsible of carrier related issue due to delay of delivery, placement of delivery, or goods left unsigned by the Purchaser, unless prior arrangements of delivery have been received by written notice in the time frame by an authorized representative of HOLIBALL INC. Any quoted delivery time is approximate and the extension of delivery time shall not be cause for termination of any purchase order accepted by HOLIBALL INC. If HOLIBALL INC makes the goods available to Purchaser, and so notifies Purchaser, Purchaser will immediately take delivery. HOLIBALL INC may store goods so made available to, but not accepted by the Purchaser for the account, and at the sole risk of the Purchaser. HOLIBALL INC has the discretion to invoice the Purchaser for the purchase price of the goods plus any and all costs associated with storing and making the goods available when desired by the Purchaser.
Acceptance and Inspection
It is the responsibility of the Purchaser to inspect the goods upon receipt of delivery. Claims by Purchaser must be made promptly, in writing, within the Inspection Period of 5 business days from delivery receipt. HOLIBALL INC., will be given an opportunity to investigate Purchaser claims. HOLIBALL INC., will deem exchange or waive return exception to the Purchaser if the goods are damaged and approval made in writing by an authorized representative of HOLIBALL INC. within the Inspection Period of 5 business days upon delivery. A written authorization must be obtained by the Purchaser from an authorized representative of HOLIBALL INC. before HOLIBALL INC. will accept return and or exchange of goods. HOLIBALL INC will not be subject to shipping fees of exchanges or returns made by the Purchaser if unauthorized by HOLIBALL INC. The Purchaser will be responsible and subject to fees and charges accrued by HOLIBALL INC in the re-shelving of unauthorized returned or exchanged goods.
Limitation of Liability
Notwithstanding anything contained herein to the contrary, HOLIBALL INC's maximum liability shall not, in any event, exceed the difference between the total contract price specified in the purchase order, less the reasonable and customary purchase price for any replacement items delivered and accepted. In no event shall HOLIBALL INC be liable to Purchaser or any third party for special, indirect, incidental, collateral, or consequential damages, including but not be limited to, costs of removal and reinstallation of items, loss of goodwill, loss of profits, loss of use, or any injury to person or property. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF HOW SUCH INJURY OR DAMAGES ARISE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF HOW SAME ARE OR WERE CAUSED, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE (ACTIVE, PASSIVE, JOINT, CONCURRENT, OR GROSS) OR STRICT LIABILITY OF, OR BREACH OF WARRANTY, DUTY, OR CONTRACT BY HOLIBALL INC OR ANY OF HOLIBALL INC’S RELATED OR AFFILIATED PARTIES, OR ANY OF THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR INVITEES, (COLLECTIVELY “RELATED PARTIES”) OR ANY OTHER THEORY OF LEGAL LIABILITY.
Indemnity; Insurance
The Purchaser hereby agrees to release, indemnify, defend, and hold harmless HOLIBALL INC against any and all losses, causes of action, liabilities, claims, demands, damages, judgements, awards, costs, or expenses (including attorney’s fees and expense and witness fees and expenses) (collectively “Claims”) arising out of or in connection with any purchase order or the Terms and Conditions, REGARDLESS OF HOW SUCH CLAIMS ARISE AND REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, THE NEGLIGENCE (ACTIVE, PASSIVE, JOINT, OR CONCURRENT) OR STRICT LIABILITY OF, OR BREACH OF WARRANTY, DUTY, OR CONTRACT BY HOLIBALL INC OR ANY OTHER THEORY OF LEGAL LIABILITY. The Purchaser agrees to maintain adequate insurance to support its obligations under the purchase order, and shall furnish to HOLIBALL INC certificates of insurance to evidence that adequate insurance is in place and is in full force and effect if so required to the Purchaser by HOLIBALL INC.
Cancelation
HOLIBALL INC is not subject ti accepting returns made by the Purchaser. Cancellations are NOT in any way accepted on Special Items that are defined by HOLIBALL INC as (i) any goods which are machined or altered in any way from their original form, (ii) goods which have internal lining or external coating, (iii) goods which are manufactured or purchased specifically for the Purchaser, or (iv) any other goods which are not a Stocking Item. HOLIBALL INC’s stocking Item is defined as a good which is always held in inventory by HOLIBALL INC. The cancelation of any purchase order for, or return of any, HOLIBALL INC stocking Item is subject to a minimum of a 15% fee after the designated cancellation date notified to the Purchaser by HOLIBALL INC. The designated cancelation date is agreed to upon pre-order sale. HOLIBALL INC will send written notice of any changes to the designate cancelation date and has the authorization to override the 15% fee if notice of cancellation made by the Purchaser is agreed to in writing by an authorized representative of HOLIBALL INC. No cancellations will be accepted for full return within 60 days of approximate delivery time.
Compliance with Export Restrictions
HOLIBALL INC’s goods may be subject to the export control laws of the United States and other countries where its goods are sold. The Purchaser acknowledges that is will comply with all such laws and regulations, and obtain all licenses to export, re-export, or import HOLIBALL INC’s goods as may be required. Purchaser will not export or re-export any of HOLIBALL INC’s goods, proprietary information or related technical data: (i) for any prohibited end uses; (ii) to any prohibited destinations or end destinations, or (iii) to any entities or individuals that are presently on any denied party list. Diversion contrary to U.S. law is prohibited. The Purchaser shall be responsible for obtaining any necessary end use statement required for HOLIBALL INC to deliver its goods. HOLIBALL INC shall not be liable for any failure to provide goods as a result of failure to obtain, or cancellation of, an export or re-export license. HOLIBALL INC reserves the right to not ship goods and terminate the purchase order in its entirety, without liability to Purchaser, if HOLIBALL INC has a good faith basis for believing Purchaser or any of its related parties has violated, or intends to violate, any export laws or regulations. HOLIBALL INC has the right to not ship goods if HOLIBALL INC is suspect to infringement upon proprietary information and concept lawfully claimed by HOLIBALL INC and its related parties.
Compliance with Anti-Corruption Laws
HOLIBALL INC reserves the right to terminate the purchase order in its entirety if HOLIBALL INC has a good faith basis for believing Purchaser or any of its related parties has violated or intends to violate any anti-corruption laws.
Governing Law; Dispute Resolution
The purchase order shall be governed by the laws of the State of Texas, excluding its conflicts laws. The UN Convention on the International Sale of Goods (“CISG”) shall not apply to any purchase order, and the parties hereby exclude the application of CISG. The parties hereto submit to the exclusive jurisdiction of the Texas courts located in Houston, Harris County, Texas. EACH PARTY HERETO HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE TERMS AND CONDITIONS. In connection with any litigation, or similar proceeding arising pursuant to or under the Terms and Conditions, the parties agree to enter into a discovery control plan under the Texas Rules of Civil Procedure meeting the requirements of this Section. Each party hereto shall have the right to take no more than four (4) depositions of potential witnesses, which in total shall not exceed sixteen (16) hours. Each party hereto shall have the right to serve no more than ten (10) sets of interrogatories, none of which shall include more than three (3) subparts. Additional discovery shall be in the discretion of the judge up to (but not greater than) twice the limitations stated.
Notices
All notices required or permitted to be given hereunder must be in writing and shall be deemed effectively given when received or, if not received, when deposited with the post office as certified mail, return receipt requested, to the address of the party as contained in the purchase order, or as otherwise provided by either party upon notice to the other party.
Assignment
The Purchaser shall not assign its rights or obligations hereunder without the prior written consent of HOLIBALL INC, which consent shall be within HOLIBALL INC’s sole discretion. Any attempted assignment in contravention of the foregoing shall be void and of no force or effect.
Sales; Purchase Order Termination
In addition to any other remedies available to HOLIBALL INC at law, HOLIBALL INC may terminate the purchase order in the event that: (a) Purchaser fails to perform its obligations under or otherwise breaches any provisions of the purchase order or any other contract between Purchaser and HOLIBALL INC or any of HOLIBALL INC’s affiliates; (b) Purchaser ceases to carry on its business substantially as such business is conducted on the date of the purchase order and such change in circumstances modifies HOLIBALL INC’s obligations or impairs either party’s ability to discharge its obligations under the purchase order; (c) the Purchaser is the subject of creditor protection of bankruptcy, reorganization, liquidation receivership or similar proceedings; (d) the Purchaser is unable to pay its debts as they become due; (e) any term, condition, or provision of the purchase order or any other contract between the Purchaser and HOLIBALL INC becomes invalid or illegal under any applicable law, rule, or regulation; or (f) a Force Majeure Event continues for a period of more than forty five (45) days.
Waivers; Modifications; Other Provisions
No representations or statements of any kind made by any authorized representative of HOLIBALL INC, which are not stated herein, shall be binding on HOLIBALL INC. No addition to or modification of any provision upon the face or reverse of the order acknowledgement or any other HOLIBALL INC document shall be binding upon HOLIBALL INC unless made in writing and signed by a duly authorized representative of HOLIBALL INC located in Houston, Texas. Failure of either party to exercise any right or remedy to which they are entitled shall not constitute a waiver thereof and shall not cause a diminution of the obligations under the Terms and Conditions or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both parties. The fact that a provision contained herein is held invalid, illegal or unenforceable by a court of competent jurisdiction will not affect the other provisions hereof. No provision of the Terms and Conditions may be construed against HOLIBALL INC as the drafting party. The term “including” means “including without limitation.” The term “days” means calendar days unless otherwise expressly stated.
LIMITED WARRANTY
HOLIBALL INC warrants goods will substantially conform to written specifications. THE WARRANTIES CONTAINED IN THIS PARAGRAPH ARE THE ONLY WARRANTIES MADE BY HOLIBALL INC AND CAN ONLY BE AMENDED BY WRITTEN INSTRUMENT SIGNED BY AN OFFICER OF HOLIBALL INC. HOLIBALL INC makes NO WARRANTY as to goods not manufactured by HOLIBALL INC; to the extent HOLIBALL INC is permitted by its contracts with its suppliers, HOLIBALL INC will pass on to the Purchaser any rights HOLIBALL INC may have under any warranty from its suppliers. It is understood that any descriptions, statements, technical advice, or service rendered in connection with the purchase order, installation or use of goods described hereby is given gratis and HOLIBALL INC makes NO WARRANTY and HOLIBALL INC assumes no obligation or liability for such descriptions, statements, advice, or service or the results obtained. The foregoing warranty shall not apply to goods which have been repaired, altered, misused, neglected, improperly installed, or improperly tested. If any goods fail to conform to the warranties contained in this Paragraph, HOLIBALL INC's sole and exclusive liability shall be (at HOLIBALL INC's sole option and absolute discretion) to repair or replace the goods, or credit Purchaser's account for any such goods which are returned by Purchaser during the applicable warranty period set forth above, provided that (i) HOLIBALL INC is promptly noticed in writing upon discovery by Purchaser that such goods failed to conform to the warranties contained in this Paragraph with a detailed explanation of any alleged failure, (ii) HOLIBALL INC is provided an opportunity and access to inspect such goods in place (as installed), or if required by HOLIBALL INC, such goods are returned to HOLIBALL INC, Delivered Duty Paid (HOLIBALL INC’s designated delivery point), upon HOLIBALL INC´s written authorization, or stored for HOLIBALL INC free of charge pending such return, and (iii) HOLIBALL INC´s examination of the goods confirms that the goods fail to conform to the warranty in this Paragraph 8. If such goods fail to conform to the warranty, HOLIBALL INC shall have a reasonable time to replace such goods.
NOTICES AND APPROVALS SHOULD BE ADDRESSED TO :
HOLIBALL INC
1210 W Clay Street
Suite 23
HOUSTON, TX 77043
(832)992-2255