SELLER – TERMS AND CONDITIONS
Unless otherwise specifically agreed to by Seaborne Operations Network (“seller”) in writing, these terms and conditions apply to all sales by seller, all provision of services by seller, and any other business transaction in which you make with seller.
Any additional or different terms or conditions in any form delivered by you are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given.
By accepting delivery of any product, merchandise, or seafood sold by seller or any service provided by seller, you agree to be bound by and accept these terms and conditions. to the extent there is any conflict between these terms and conditions and those in any other agreement you may have with seller or in any purchase order submitted to seller, these terms will govern.
IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS
These Terms and Conditions constitute a binding contract between You and Seller and are referred to herein as either “Terms and Conditions” or this “Agreement.” You accept these Terms and Conditions by making a purchase from or placing an order with Seller or otherwise engaging Seller to perform or procure any services. These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on Seller’s website at the time You place an order or sign a contract with Seller will govern the order in question, unless otherwise agreed in writing by Seller and You.
These Terms and Conditions, any related agreement, any sale of products, any sale of seafood, or provision of services by Seller, and any claim, dispute, or controversy (whether in contract, tort, or otherwise, including statutory, consumer protection, common law, intentional tort, and equitable claims) between You and Seller, including their affiliates, contractors, and agents, and each of their respective employees, directors, and officers (a “Dispute”) will be governed by the laws of the State of Florida, without regard to conflicts of laws.
The state and federal courts located in Miami-Dade County, Florida shall have exclusive jurisdiction over any disputes arising from or related to these Terms and Conditions, all agreements existing between Seller and you (whether by virtue of a purchase order or otherwise), and any claims that these Terms and Conditions or above-described agreements were procured by fraud and/or negligent misrepresentation. You irrevocably consent to the personal jurisdiction of the state and federal courts in and for Miami-Dade County, Florida, and irrevocably waive any claim you may have that any proceedings brought in such courts has been brought in an inconvenient forum.
You agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute.
ATTORNEYS’ FEES AND COSTS
In the event of any dispute arising hereunder or relating to any agreement existing between Seller and you, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, expenses and costs incurred therewith.
Except in the case of nonpayment, neither party may institute any Dispute in any form more than one (1) year after the cause of action first arose. The rights and remedies provided to Seller under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.
Seller proudly distributes top quality seafood products processed under the sanitation standards and most rigorous quality. We stand behind the quality of our product. If any product sold by Seller does not meet the quality standards under which it was sold, Seller offers a return policy allowing you to return or destroy such product on the following terms: (a) all requests for a return, refund, or to destroy any product must be in writing and made no later than 48 hours after the date of delivery of such product; (b) no request for a return, refund, or to destroy any product shall be accepted until Seller has provided written authorization for such; and (c) all such requests by you must provide all of the following information to assist Seller with evaluating the request: (i) customer name; (ii) invoice number; (iii) order and receipt date; (iv) type of product; (v) quantity of product at issue; (vi) product code; (vii) detailed reason for return; (viii) location of the product at issue; and (ix) photographs or video of the product at issue reflecting any quality issues identified by you. You further agree to reasonably cooperate with Seller in its investigation/evaluation of your request for a return, refund, or to destroy such product by, inter alia, making the product available to Seller for inspection during normal business hours. In the event that Seller approves any request to return the product at issue, you will make such arrangements as necessary to transport the product to the handling facility as designated by Seller.
PRICES SUBJECT TO CHANGE
Seller’s range of products, prices, special offers and promotions are subject to change at any time without prior written notice.
LIMITATION OF LIABILITY
Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herein or anything to the contrary set forth in any warranty provided in connection with any product/seafood offered by seller, will seller, its officers, directors, employees, agents, or affiliates be liable for: (a) Any incidental, indirect, special, punitive or consequential damages including but not limited to, loss of profits, business, revenues or savings, even if seller has been advised of the possibilities of such damages or if such damages are otherwise foreseeable, in each case, whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; or (b) any claims, demands or actions against you by any third party. In the event of any liability incurred by seller or any of its affiliates, the entire liability of seller and its affiliates for damages from any cause whatsoever will not exceed the dollar amount paid by you for the product(s) giving rise to the claim or the specific services giving rise to the claim.
NO ORAL MODIFICATIONS
No agreement altering, modifying, or extending these Terms and Conditions or the terms of any of Purchaser’s purchase orders shall be valid unless in writing and duly signed by both Seller and Purchaser.