Sale Agreement
Warning
Please wear and use proper protective tools, clothing, or equipment, work with enough staff, and mind the surrounding environment while transporting, handling, assembling, using, or maintaining every product of Far Far Away Company LLC.
In no event shall Far Far Away Company LLC be liable for any direct, indirect, punitive, incidental, or special consequential damages, to property or life, whatsoever arising out of or connected with the transportation, handling, assembling, maintenance, use, or misuse of the products of Far Far Away Company LLC.
Order Placement
All goods and services furnished by Far Far Away Company LLC) are provided pursuant to these Terms and Conditions (“Terms and Conditions”) whether provided following an order placed electronically, verbally, or on paper, whether the order is placed directly through Far Far Away Company LLC or through a Far Far Away Company LLC representative, and whether the order is placed following Buyer's review of Far Far Away Company LLC’s catalog or website, or following receipt of a Quotation only, or following the exchange of other documents (the catalog website Quotation and all other documents, hereafter, jointly, the “Quotation”).
Acceptance by Far Far Away Company LLC of Buyer's order is expressly conditioned upon Buyer's acceptance of these Terms and Conditions, including those on the face of the Quotation, and any provisions of Buyer's order in conflict with these Terms and Conditions are expressly rejected. Buyer acknowledges that no representation or warranty other than those contained in this document and FAR FAR AWAY COMPANY LLC’s REFUND POLICY have been made or relied upon. No additions or modifications shall be valid unless confirmed in writing by Far Far Away Company LLC.
FAR FAR AWAY COMPANY LLC IS NOT BOUND TO FURNISH ITS GOODS OR SERVICES EXCEPT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
Price / Delivery / Delay
Prices for goods shall be those in effect on the date of invoice unless otherwise provided by the Quotation or agreed to in writing by Far Far Away Company LLC. Unless otherwise provided on the face of the Quotation or agreed by Far Far Away Company LLC in writing, price and delivery terms shall be F.O.B. shipping point.
Unless otherwise agreed in writing, Far Far Away Company LLC will select the route and manner of shipment, reserves the right to make delivery in installments when necessary, invoice each installment separately, and expect payment for each installment within Far Far Away Company LLC’s selling terms. All risks of loss or damage shall pass to Buyer at the place and time such goods are placed into the possession of the carrier or shipper, in accordance with the previously referenced F.O.B. shipping point term.
Buyer shall be responsible for obtaining and paying for insurance to cover any loss to Buyer. Buyer shall pay Far Far Away Company LLC for the contract price in the event of loss of the goods. If Buyer fails to accept delivery according to the agreed upon delivery schedule, Far Far Away Company LLC may cancel the then remaining balance of the order. Such cancellation, if elected by Far Far Away Company LLC, shall be in addition to, and not in lieu of, any other rights or remedies which Far Far Away Company LLC may have at law or equity.
Prices are good for only quantities indicated. If shipment or any other act or condition affecting payment for the goods or any part of them shall be delayed on account of Buyer, payment shall be due as if the shipment had been made, a reasonable storage charge may be made, and such storage shall be at the risk of Buyer. Far Far Away Company LLC shall not be liable for any direct, indirect, consequential, special, or incidental losses or damages to Buyer or to any third parties resulting from Far Far Away Company LLC's delay in shipment regardless of cause.
Product Variance From Digital Content
Far Far Away Company LLC attempts to provide accurate digital content, such as photos, videos, drawings, CAD files, and more, of the products it offers for sale, but there may be some variation between the digital content and the actual products. Buyer may request for return of any under warranty product if the variance is unacceptable to Buyer. All the returns will follow the REFUND POLICY of Far Far Away Company LLC.
Taxes
Prices do not include any federal, state, or local taxes. Any applicable excise, import, sales, use, or similar taxes, whether federal, state, provincial or local, and any transportation and other charges shall be the responsibility of and be paid by Buyer and, if paid by Far Far Away Company LLC, Buyer agrees to reimburse Far Far Away Company LLC for any such payment and further agrees that Far Far Away Company LLC may add any such payments to the purchase price of the goods.
Indemnification
Buyer shall defend, indemnify and hold Far Far Away Company LLC harmless from and against any and all claims, liabilities, loss, costs, damage, or expense (including reasonable attorneys' fees) of any kind or nature whatsoever relating to the performance by Far Far Away Company LLC hereunder, including without limitation, claims made for property damage or personal injury (including death), whether such claims are premised on contract or on tort (including, without limitation, strict liability).
This indemnity provision shall not apply where such damage or injury is attributable solely to the negligence of Far Far Away Company LLC, its employees, or agents.
Delay Performance
Far Far Away Company LLC will not be liable for any delay in the performance of its obligation under this Quotation or for any damages suffered by the Buyer by reason of such delay.
Limits of Liability
In no event shall Far Far Away Company LLC be liable for any direct, indirect, punitive, incidental, or special consequential damages, to property or life, whatsoever arising out of or connected with the transportation, handling, assembling, maintenance, use, or misuse of the products of Far Far Away Company LLC.
Buyer agree that absolutely no action arising out of the services may be brought by either party more than one year after substantial completion of the services. The entire liability of Far Far Away Company LLC, or its officers, directors, agents, or employees, and Buyer's exclusive remedy for performance or nonperformance of the services shall be the adjustment or correction of the services by Far Far Away Company LLC.
Limitation on Litigation / Attorney Fees
Any controversy or claim of Buyer arising out of or related to any transaction with Far Far Away Company LLC must be commenced within one (1) year after the cause of action has accrued. Far Far Away Company LLC shall be entitled to reimbursement of all costs and expenses, including reasonable attorneys' fees, from the Buyer relating to any lawsuit in which Far Far Away Company LLC prevails in any amount or on any claim.
Entire Agreement / Law and Forum / Severability
Except as otherwise agreed in writing or if another writing incorporates these terms thereby making these terms supplemental to such writing, this constitutes the entire agreement between Far Far Away Company LLC and Buyer, superseding all prior Quotations and understandings, oral or written.
All such previous communications are hereby abrogated and withdrawn, and no stipulations, representations, or agreements by Far Far Away Company LLC, or its officers, agents, or employees shall be binding upon Far Far Away Company LLC unless reduced to writing and attached to and incorporated by reference herein, and no local, general, or trade custom shall alter or vary the terms hereof.
Any questions, disputes, controversies, or litigation between Far Far Away Company LLC and Buyer, including but not limited to disputes concerning the validity, interpretation, or effect of the Quotation, or interpretation and enforcement of the rights and obligations of the parties hereunder, shall be governed by the laws of the State of California and the exclusive venue for resolving any such questions, disputes, controversies, or litigation shall be a state or federal court located in Los Angeles County, California.
If any provision of this Quotation is determined invalid under applicable law, such invalidity shall be limited to such provision without invalidating the remainder of the other Terms and Conditions hereof; and if any provision of this Quotation is found to be ambiguous or in conflict with any other provision of this Quotation, such ambiguity or conflict shall be resolved in the manner which provides the greatest protection and limitation of liability to Far Far Away Company LLC.
Termination or Cancellation
Either party may terminate the services and all obligations arising under the proposal for the reason of the failure by the other party to comply with its obligations upon 30 days prior written notice to the other party. In the event of such termination, Buyer will pay to Far Far Away Company LLC all amounts which are due and payable to Far Far Away Company LLC for the services performed through the date of such termination.
In addition, in the event the services are terminated as the result of the failure of Buyer to perform its obligations, Buyer will pay Far Far Away Company LLC a termination charge of 35 percent of the cost of the remaining services to be performed by Far Far Away Company LLC.
Latest Update: 12/27/2022