Terms of Use/Purchase Agreement

J Hung, LLC dba J Hung Graphics and Display Systems dba J Hung Supply

 

1.      General

This Purchase Agreement (“Agreement”) contains the terms and conditions that apply to purchases by you (“Customer”) from J Hung, LLC and subsidiaries and associates (henceforth J Hung, LLC).  By placing an order with, accepting goods delivered or downloading materials from J Hung, LLC Customer agrees to have read, understand, agree, and be bound to the terms and conditions in this Agreement.  J Hung, LLC reserves the right to alter this Agreement at any time, without prior notice to Customer.

 

This Agreement may NOT be altered, supplemented, or amended by the use of any other document.  Any attempt to alter, supplement or amend this document or to enter an order for products or services which is made subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to only in a written agreement signed by both the Customer and an authorized representative of J Hung, LLC.

 

If any provision contained within this Agreement is invalid or unenforceable under applicable law, it is to that extent, deemed omitted and the remaining provisions will continue in full force and effect.  The validity and performance of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by Federal laws.  Any litigation arising from this Agreement will be pursued only in the state or federal courts located in the Commonwealth of Massachusetts.

 

2.      Definitions

“Order” means a document (typically Customer's purchase order), which is signed by Customer, specifies product and related services that Customer seeks to obtain from J Hung, LLC and the related pricing and sufficient other information to complete the transaction.

 

“Product” or “Service” means a tangible or intangible item purchased via and billed by J Hung, LLC.

 

3.      Acceptance of Orders

All orders placed by Customer with J Hung, LLC are subject to acceptance by J Hung, LLC. J Hung, LLC, in its sole discretion, has the right to refuse any and all current or future services, for any reason at any time. J Hung, LLC reserves the right to refuse service to anyone for any reason at any time.

 

4.      Payment

Terms of payment are within the sole discretion of J Hung, LLC, and unless otherwise agreed to by J Hung, LLC, payment must be received by J Hung, LLC prior to the acceptance of an order by J Hung, LLC.  Orders are not binding upon J Hung, LLC until accepted by J Hung, LLC.  Unless otherwise stated, Customer is required to pay shipping and handling.  Unless otherwise stated, all payments will be made by check or credit card at the time of ordering.  All orders are subject to verification and approval.  Customer's check or credit card account will be deducted from when the order is processed.  Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.  Prices and configurations advertised are subject to change without notice or obligation prior to acceptance of Customer's order.

 

5.      Taxes

If applicable, a separate charge for taxes will be shown on the order/invoice.

 

6.      Shipping and Handling

Shipment dates are dependant on availability.  Delivery times are estimates only and J Hung, LLC shall not be liable for delays.  Shipping and handling fees are non-refundable.  J Hung, LLC will ship to Customer addresses in all 50 States and the District of Columbia.

 

7.    Cancellations

Due to the custom nature of our products, J Hung, LLC must specially purchase materials and have products individually assembled according to the specifications of each order.  Therefore once J Hung, LLC accepts and acknowledges an order, it is fully binding and is not subject to cancellation or change by the buyer.  This does not mean that it is never possible to cancel or change an order. However, the request must be submitted in writing, approved and acknowledged by a J Hung, LLC representative, and will require charges for labor, materials, and expenses incurred in the production of the Customer's order.

 

8.      Exchanges, Returns, and Refunds

J Hung, LLC will ensure complete customer satisfaction within thirty (30) days of the order ship date.  There are absolutely no returns or refunds on custom products or on products that have been used.  Unauthorized returns will be refused and returned to the Customer freight collect.  Where returns are authorized, J Hung, LLC will issue shipping instructions which must be used with such returns indicating any restocking and/or freight charges that will be billed to the buyer.  If the authorized return merchandise is not in new condition, a restocking fee ranging from 25% to 50% of the original purchase price will be charged.

 

9.    Damage Claims and Shortages

J Hung, LLC is not responsible for loss or damages incurred in transit.  Before accepting merchandise from the carrier, Customer should inspect and note any loss or damage on the delivery receipt.  If there is loss or damage, a report should be made immediately to J Hung, LLC and with the carrier.  If damage or loss is discovered after delivery, the carrier should be notified immediately for an inspection of concealed damage as well as for instructions in filing a claim.  Shortages other than loss in transit, or any variance in the specifications of the order must be reported to J Hung, LLC within 5 days of receipt of goods.  Failure to make such a claim shall constitute acceptance of the merchandise and a waiver of any defects, errors or shortages.

J Hung, LLC is not responsible for loss or damages incurred through the installation of merchandise by either J Hung, LLC or by the customer. Customer is solely responsible for ensuring compliance with all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances, lease agreements, and the like applicable to the use of usage and installation of any J Hung, LLC products or services.

 

10.      Typographical and Misprint Errors

J, Hung, LLC designs and manufactures all products according to the information supplied by the Customer.  J Hung, LLC is not responsible for spelling or typographical made by the customer.  J Hung, LLC and subsidiaries are not responsible for typographical or pictorial errors and makes every possible effort to avoid them.  J Hung, LLC reserves the right to change or correct prices.  Product photographs may be representative items only.  Specifications and descriptions subject to change without notice.

 

11.      Website Links

Websites under direct jurisdiction of J Hung, LLC may contain links to other sites on the Internet that are owned and operated by third parties.  Customer acknowledges that J Hung, LLC is not responsible for the operation of or content located on or through any such site.

 

12.      Language and Graphics

J Hung, LLC retains the right to reject any order that may be considered libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for J Hung, LLC or subsidiaries production.

 

Customer agrees to not use J Hung, LLC products or services to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

 

13.      Local Sign Laws and Regulations

Customer is solely responsible for ensuring compliance with all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances, lease agreements, and the like applicable to the use of usage of any J Hung, LLC products or services.

 

14.      Copyrighted Material

Customer is solely responsible for ensuring that its material obey all applicable copyright and other laws and regulations.  Customer shall have the necessary written permission to use another party's copyrighted material.  J Hung, LLC shall not be responsible if Customer uses another party's copyrighted material in violation of any law.  Customer shall hereby indemnify and hold harmless J Hung, LLC from any and all copyright actions to which it may become a party due to Customer's use of copyrighted material.  Further, Customer shall bear the cost of all attorney's fees and costs incurred by J Hung, LLC in defense of such action.

 

15.      Warranty Disclaimer / Limitation of Liability

J Hung, LLC makes no warranties, representations or conditions with regard to its products and services, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

 

J Hung, LLC shall have no liability whatsoever for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Purchase Agreement

 

J Hung, LLC shall not be liable for any losses or delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers, theft, vandalism, terrorism or other difficulties which are beyond the control, and without the fault of J Hung, LLC. Quantities are subject to availability. In the event of production difficulties or product shortages, J Hung, LLC may allocate sales and deliveries at its sole discretion.

 

IN NO EVENT SHALL J HUNG, LLC, ITS PARENT, SUBSIDIARIES, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, USE, OR PROFITS), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT THIS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  CUSTOMER AGREE THAT THE COMPANY PARTIES MAXIMUM LIABILITY ARISING FROM ANY PRODUCT OR SERVICE SOLD SHALL NOT EXCEED THE PRICE OF SUCH PRODUCT OR SERVICE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CUSTOMER TO THE EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO THIS AGREEMENT.