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516-887-3531 | sales@outfrontinc.com

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Terms and Conditions for Sales

Your purchase from Out Front, Inc. (“Out Front”) is governed by the terms and conditions as set forth below.  By submitting an order for products or services, you indicate your acceptance of and agreement to be bound by the terms and conditions set forth below.
These terms and conditions may be changed by Out Front at any time in the future.  It is your responsibility as a purchaser to periodically review the terms and conditions for amendments.  The amendments shall take effect immediately upon posting on the site without further notice to you. 

ORDER ACCEPTANCE POLICY

Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  Acceptance of your order will not be effective unless and until signified as such by email or other written communication.  Out Front reserves the right at any time after receipt of your order to accept or decline your order. 

MAKING PURCHASES

If you wish to make purchases of product or services, you will be asked to supply certain information, including but not limited to credit card or other payment information.  You agree that all information that you provide to Out Front will be accurate, complete and current.  You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred.  You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases.  Once a package is shipped, the risk of loss or damage passes to you and you shall insure the good for their full value. 
Upon shipment, Out Front will issue an invoice.  Terms of payment are as specified in the invoice.  Any sums not paid within the said payment terms will bear interest at the rate of 5% from the date they are due for payment until the date of actual payment. Such interest to be calculated on a daily basis. 

In the event that Out Front decides to employ attorneys or other agents to collect all or any sums due from you, the costs so incurred by the Out Front shall be paid by you.  Such costs not being limited to those recoverable in court.

Out Front shall be at liberty, in the event of it being unable to supply any particular item ordered by, you either to cancel any order placed by you or, at your option, to supply an equivalent item of equal quality and value (which may result in a change in the specification of the Goods) or to supply a lesser quantity of Goods than originally ordered and Out Front shall not be deemed to be in breach of the terms of this contract by doing so.

Out Front will use its best efforts to supply Goods upon the dates specifically agreed upon in writing between Out Front and you, but in the event that Out Front is unable to meet such dates, Out Front shall give you notice thereof and you shall have the option of accepting late delivery or cancelling the order.  In either event, no claim shall arise against Out Front. 

TERMS AND CONDITIONS OF SALE AND RETURN

Out Front considers all sales to be non-cancelable, non-returnable, and non-refundable, and not to be rescheduled.  The only exceptions may be if you, as the customer, report to Out Front in writing, within 5 business days, but no more than 7 calendar days of receiving product, that the goods received (a) are not the parts you ordered on your purchase order, or (b) do not conform to the manufacturer’s specifications set forth in your purchase order (a written failure and test report required).  For returns that Out Front authorizes with a Return Merchandise Authorization (RMA) in writing, Out Front either will issue an in-house credit for a future purchase, replace the parts, or refund you for the cost of goods purchased, reflected on our invoice, at our sole discretion.  Out Front considers an order to be complete at the time it ships from our premises.  In the event that a return is authorized by Out Front, a 20% re-stocking fee for all parts returned may be charged.
If you refuse delivery, Out Front shall be at liberty to charge storage for any Goods from the date delivery has been refused at the rate of $35 per day.  Upon payment, such delivery charges shall be in addition to the invoice price.

DISCLAIMER AND LIMITATION OF LIABILITY

BEYOND OUR CERTIFICATION OF COMPLIANCE, ANY PRODUCT OR SERVICE LICENSED OR PURCHASED FROM OUT FRONT IS PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.  YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, MANUFACTURER OR SUPPLIER OF THAT PRODUCT AND NOT BY OUT FRONT.  The benefit of any manufacturer’s warranty will pass to the Customer as long as Out Front has the ability to transfer the warranty.  However, Out Front will not accept liability for the failure of the goods to meet the manufacturer’s specifications. 
YOU AGREE THAT, EXCEPT AS PROVIDED UNDER THE OUT FRONT RETURN POLICY, OUT FRONT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, CONSULTANTS OR OTHER REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR INTERRUPTION OF BUSINESS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR PURCHASE FROM OUT FRONT.  OUT FRONT WILL NOT BE LIABLE FOR ANY LACK OF AVAILABILITY OF PRODUCTS YOU MAY ORDER.
If the foregoing limitation is held to be unenforceable, the maximum liability of Out Front and its service providers to you shall not exceed the amounts paid by you for the products you have purchased under this agreement of sale.  Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to this agreement.

NO AGENCY

You and Out Front are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by your purchase.

APPLICATION OF NEW YORK LAW

This sales agreement shall be governed in all respects by the laws of the State of New York (without regard to any conflict of laws provision), as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents.  By entering into this sales agreement you submit to the jurisdiction of the courts (Federal and State) in the State of New York, county of Nassau, and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in the County of Nassau, State of New York.

MANDATORY MEDIATION

If a dispute arises out of or relates to this contract or breach thereof and if said dispute cannot be settled through negotiation, the parties agree first to try, in good faith, to settle the dispute by mediation.  Mediation shall be conducted by a mediator agreed to by both parties.  In the event they are unable to agree on a mediator, they shall ask the New York State Dispute Resolution Association (NYSDRA) to select one.  Said mediation shall last a minimum of four hours and the parties agree to share equally in the cost of the mediation, including the cost of the mediator.

INTERNATIONAL ARBITRATION

If You are a company with its principal place of business outside of the United States, then any dispute, controversy or claim arising out of or relating to this sales agreement, including the validity, invalidity, breach or termination thereof that cannot be resolved by mediation, shall be finally resolved by binding arbitration pursuant to an applicable international Treaty to which the United States is a party and shall be administered by the New York State Dispute Resolution Association (NYSDRA), and judgment upon the award rendered by the arbitrator may be entered in any court (Federal or State) in the County of Nassau, State of  New York.  The arbitration shall be conducted in English in the County of Nassau, State of New York, United States of America in accordance with the United States Arbitration Act.  There shall be one arbitrator, named in accordance with such rules, and the parties shall share equally in the cost of the arbitration, including the cost of the arbitrator.

MISCELLANEOUS

You agree that you will reimburse Out Front for any costs associated with enforcement of Out Front’s rights under this agreement including but not limited to, collection costs, and court and attorney fees.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.  This agreement constitutes the entire agreement between the parties relating to the subject matter herein, superseding all previous agreements, and cannot be modified except in writing signed by both parties.  Any heading, caption or paragraph title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.