Terms of Sale

Reservations: All orders are subject to acceptance by kaieos.com. kaieos.com reserves the right to reject any order or stop performance at any time without recourse. kaieos.com also reserves the right to change the price of the order after reviewing the artwork, subject to approval by the customer.

Returns: Due to the nature of the product no returns can be made.

Any claims for defects, damages or shortages must be made in writing within two (2) business days after receipt of the merchandise. Failure to do so constitutes an irrevocable acceptance of the order. Replacement of the product will be made upon receipt of returned merchandise and only upon kaieos.com sole and exclusive determination that the defect was not caused by misuse or mishandling of the product. If customer plan’s to return the defective merchandise, it should not be
used in any way even for short period of time. The warranty herein is exclusive and in lieu of all other warranties, whether express or impliedluding the implied warranties of merchantability and fitness for a particular purpose.

Credit Card: If customer’s credit card company declines the authorization, kaieos.com shall not process the order. If kaieos.com has processed the order and the credit card is declined, payment will be required prior to shipment of the product.

All charges are due per the terms specified on the estimate payable at the Santa Clara, California branch. Should Buyer’s account become delinquent, customer agrees to pay a monthly finance charge of 1-1/2% (annual percentage rate of 18%) on
the unpaid balance. If an account goes beyond the payment terms due date, unless specific arrangements are made, future purchases will be on a C.O.D. basis. In the event kaieos.com commence legal action to enforce any terms of this agreement, customer agrees to pay reasonable attorneys’ fees and costs.

Warranty: kaieos.com makes no warranty expressed or implied nor accepts any responsibility other than possible replacement of these products. kaieos.com may, but are not required to, replace any defective product, or give customer credit for the amount of the purchase price for such product. This warranty is limited solely to the replacement of the product as originally shipped or a credit for the cost of the product shipped.

Shipping: Shipping terms are F.O.B. San Jose, California. kaieos.com will arrange payment for shipping with the carrier, but the costs are responsibility of the customer. Risk of loss is upon customer once kaieos.com Inc. delivers the product to the carrier. Delivery times are estimates only and kaieos.com shall not be responsible for delays. Please see “General Section C” for additional limitations. kaieos.com will make all efforts to ship the products in the time
specified on shipping schedule.

Limitation Of Liability: kaieos.com shall not be liable in contract or in tort (including negligence) to customer for incidental or consequential damages, arising out of or resulting from our performance or nonperformance of our obligations under this contract including but not limited to claims for lost profits or other economic damages.

Indemnification - The customer shall indemnify and hold harmless kaieos.com from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against kaieos.com on grounds alleging that the said work violates any
copyrights, trademarks, service marks or is scandalous, or invades any person's right to privacy or other personal rights. The customer agrees to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against the kaieos.com at customer's own expense.

General:
a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of
California.
b) In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or
portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.
c) kaieos.com shall not be responsible for damages or delays resulting from Machinery Breakdown, Acts of God, and
from other actions, both governmental and otherwiseluding but not limited to war, riot, seizure, and embargo.
Not responsible for any delays caused by FedEx, UPS or any other common carrier.
d) To understand what customer can expect from our prepress, printing and finishing process, please read “Process Expectations”
document on our website.
e) These Terms of Sale may be modified from time to time by kaieos.com without notice, and are current as of the date of the then current catalog or web site. Please refer to the current catalog or web site.
f) Any action by the parties arising out of or relating to these goods or material shall be commenced within one year after receipt of said products in Santa Clara County, California.
g) Customer’s order shall be deemed an acceptance of Seller’s terms and conditions contained herein. Any proposal for additional or different terms or any attempt by customer to vary in any degree any of the terms of this quotation is hereby objected to and rejected but such proposal shall not operate as a rejection of customer’s order, unless such variances are in the
terms of the description, quantity, price, or delivery schedule of the goods or material, but shall be deemed a material alteration thereof, and any order the customer places with kaieos.com shall be deemed acceptance of these terms of sale by the customer without said additional or different terms.