This service agreement (“Agreement”) is made by and between the Customer making the online purchase herein (“Customer”) and The Bronzery, Inc. to provide services as set forth below. Customer and The Bronzery, Inc. agree as follows:
Fees and Service. The Bronzery, Inc.’s fees are based on posted rates except for custom orders. Customer will receive a statement of charges upon completion of the requested metal plating project, or, periodically on a monthly basis if the requested metal plating project exceeds 30 calendar days to complete. Customer agrees to promptly remit on such statements. In the event payment is not received by The Bronzery, Inc. within 30 days from the issuance of such statement(s), The Bronzery, Inc. may charge Customer a fee of One Percent (1%) per month for the balance due and outstanding.
Limitation of Liability. Nothing in this Agreement and nothing in The Bronzery Inc.’s statements to Customer will be construed as a promise or guarantee. The Bronzery, Inc. shall not be liable for any incidental costs or damages. In the event of any claim against The Bronzery, Inc. by Customer, The Bronzery, Inc.’s limitation of liability shall be the lesser of the charges actually paid by Customer for the specific metal plating project upon which claim is being made, or Five Hundred Dollars ($500.00) per claim.
Excusable Delays. Neither party shall be liable for any delay or failure in its performance under this Agreement (except for the payment of money) if and to the extent when such delay or failure is caused by events beyond reasonable control of the party including, without limitation, acts of God, theft by others, public enemies, or terrorists, labor disputes, vandalism, equipment malfunctions, any criminal acts or others including unidentified perpetrators, material or component shortages, supplier failures, embargoes, utility or communication failures or delays, fire, earthquakes, flood, epidemics, riots and strikes.
Attorney Fees and Costs. In the event of any dispute related to this Agreement, including but not limited to non-payment by Customer, the prevailing party shall be entitled to reasonable attorney’s fees or costs.
Governing Law. The place of performance of this Agreement shall be in the city of Los Angeles, California. Customer hereby agrees to submit to the jurisdiction of the California State or Federal courts with respect to any action that is brought to enforce the terms of this Agreement, specifically the Stanley Mosk Courthouse in Los Angeles County. It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of California, both as to interpretation and to performance.
Return Policy. Because of the custom nature of the services performed by The Bronzery Inc., there are no refunds. In unique circumstances in which the product arrives damaged or broken, the product may be returned to The Bronzery Inc. for repair at a nominal charge which may be waived at the discretion of The Bronzery Inc.
Promotional Images. The Bronzery, Inc. reserves the right to use the images of metal plated items that The Bronzery, Inc. has created for Customer for promotional purposes. This includes, but is not limited to, images used in print material: brochures, flyers, posters, postcards, envelopes and online material: website, blog, a variety of social media platforms, and online marketing e-mails.
Entire Agreement. This Agreement contains the entire understanding between Customer and The Bronzery, Inc. hereto and supercedes any prior understandings and agreements. There are no representations, agreements, arrangements or understandings between Customer and The Bronzery, Inc., oral or written, relating to the services to be performed by The Bronzery, Inc. that are not fully expressed herein. This Agreement may not be enlarged, modified, or altered except by a written agreement signed by all the parties hereto.
Acceptance by Performance. This Agreement and all terms herein may be expressly accepted by performance. In example, should Customer place an order through the online website operated by The Bronzery, Inc. upon which this Agreement is posted, Customer expressly agrees to the terms and conditions herein by virtue of Customer’s performance by placing Customer’s order.