Terms and Conditions
All purchases by each buyer from Pinnacle Signs and Graphics and shipment of goods by Pinnacle Signs and Graphics are subject to the following terms and conditions, to the extent not in conflict with any written document signed by Pinnacle Signs and Graphics:
1.Ordering. Each incoming purchase order or other order by any means is a binding offer by Purchaser to purchase from Pinnacle Signs and Graphics. Such offer may be accepted by Pinnacle Signs and Graphics by confirmation, by performance or the making of arrangements preparatory to performance, or in any other appropriate manner. All orders are non-cancelable and non-returnable unless Pinnacle Signs and Graphics agrees to the contrary in a signed writing.
2.Terms of Sale. Acceptance of an order by Pinnacle Signs and Graphics is expressly limited to these terms and conditions and those set forth in any written quotation from Pinnacle Signs and Graphics. Any additional terms on Purchaser's form are objected to and rejected, and shall be deemed a material alteration hereof. Purchaser agrees that any additional terms on any purchase form from Purchaser are superseded by these terms and conditions, that such additional terms are not part of the agreement between Purchaser and Pinnacle Signs and Graphics. Quotations must be accepted by placing a confirmed order within five (15) business days after the date of the quotation (or such lesser or greater time as specified by Pinnacle Signs and Graphics in writing), or the quotation shall become void and of no effect.
3.Pricing. Except to the extent Pinnacle Signs and Graphics has given a written quotation which Purchaser has accepted by placing a confirmed order within the time specified above, pricing is subject to adjustment to reflect Pinnacle Signs and Graphics's prices in effect at the time of shipment, and in all events pricing is subject to change upon the occurrence of a force majeure event (as provided below). Purchaser must inquire in advance of ordering for Pinnacle Signs and Graphics's standard order quantity for each item. Purchaser shall pay all sales, use and other local, state and federal taxes and impositions, except Pinnacle Signs and Graphics's income taxes, due or arising in connection with the sale of goods by Pinnacle Signs and Graphics to Purchaser or applicable to the goods after delivery.
4.Payment. Orders other than on open accounts must be prepaid on terms acceptable to Pinnacle Signs and Graphics. Purchaser shall pay all wire, electronic transfer and similar fees. Purchaser agrees to pay all court costs and attorneys' fees incurred by Pinnacle Signs and Graphics in collection of any amounts due from Purchaser or due to Purchaser's breach of any of these terms and conditions. Pinnacle Signs and Graphics reserves a security interest in all goods as security for the payment of the price and all other obligations of Purchaser.
5.Force Majeure. In no event shall Pinnacle Signs and Graphics be liable for, or be considered to be in breach of its obligations to Purchaser, because of any breach, default, or delay in the performance of any of its obligations occasioned by occurrences or contingencies considered 'force majeure' including, but not limited to, delay caused by inability to obtain transportation, inability to obtain materials, delay in transit from a manufacturer or supplier or failure to make delivery by a manufacturer or supplier, shortage of fuel, failure of sources of supplies, breach or default by a supplier, strike, lock out, labor disputes, disasters, fire, flood, accident, invasion, riot, war, revolution, embargo, restraint, acts of God, disease, epidemic, public health crisis, substantial increases in the price of goods (as defined below), materials, parts, supplies, shipping costs, customs duties, taxes or other costs, failure of electronic equipment, software and/or Internet service, currency exchange rate fluctuations greater than 20% over a twelve-month period, demand of the United States or any other government, failure of any other party to perform its obligations, or any other cause or contingency beyond Pinnacle Signs and Graphics's control which shall prevent or materially impair Pinnacle Signs and Graphics from performing in the normal and usual course of its business in a profitable fashion. A 'substantial increase' shall be defined to mean an increase of more than 20% over the previous twelve-month period.
6.Intellectual Property. Purchaser will indemnify Pinnacle Signs and Graphics and hold Pinnacle Signs and Graphics harmless from and against all claims, demands, liabilities and expenses, including (without limitation) claims of infringement of patent, trademark, service mark, copyright or other proprietary right, invasion of privacy, or any other matter, arising from the use of any picture, plate, advertising copy, specifications or material furnished to Pinnacle Signs and Graphics by Purchaser or prepared by Pinnacle Signs and Graphics at Purchaser's request, including reasonable attorneys' fees with court costs.
7.Limited Warranty. Pinnacle Signs and Graphics warrants that the goods will at the time of delivery conform to the description made in the applicable online catalog and that Purchaser will acquire good title to the goods. Pinnacle Signs and Graphics MAKES NO OTHER AFFIRMATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, as to the condition, quality or characteristics of the goods, or as to any other matter whatsoever. Pinnacle Signs and Graphics SPECIFICALLY DISCLAIMS AND EXCLUDES ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. In the event of any breach of the warranty made herein, Pinnacle Signs and Graphics will, upon reasonable notice from Purchaser, either replace the affected goods or refund the purchase price paid by Purchaser to Pinnacle Signs and Graphics for the affected goods, at Pinnacle Signs and Graphics's option. The foregoing shall constitute the SOLE AND EXCLUSIVE REMEDY for any breach of warranty. This exclusive remedy shall not be deemed to have failed of its essential purpose under any circumstances. Pinnacle Signs and Graphics SHALL NOT BE LIABLE FOR INCIDENTAL DAMAGES, FOR CONSEQUENTIAL DAMAGES, FOR BREACH OF WARRANTY DAMAGES, OR FOR ANY OTHER DAMAGES OF ANY KIND.
8.Governing Law. These terms and conditions shall be governed by and construed in accordance with the laws of the State of North Carolina. Purchaser specifically consents to the jurisdiction of the state and federal courts of the State of North Carolina situated in Wilmington, North Carolina with respect to any dispute arising between Purchaser and Pinnacle Signs and Graphics under these terms and conditions or in connection with any goods purchased by Purchaser from Pinnacle Signs and Graphics, and agrees that all actions shall be brought and maintained in such courts. 9. Children’s use. None of the products sold through this website are designed or intended primarily for children 12 years or younger. No product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.