Shower Graphix Terms & Conditions
- Product Quality/Color/Return Policy. Thank you for purchasing a Shower Graphix (“the Product”)! The Product is made from plastic, obtained through a separate manufacturer, 123 Decal, and you (“Customer”) are advised to review their Terms & Conditions for questions related to the Product’s composition. You should treat this product as any other plastic product and keep it out of the reach of unsupervised children. Under no circumstances should the Product be ingested. Colors shown on the website are intended to be fair representations of the actual Product. Given the differences in computer screens with the printing process, there may be a certain amount of differential between the colors.
- Warnings! This Product is a plastic application intended to adhere to an existing smooth, glass surface. The product is not a shower curtain, or replacement for a door. As with all plastic products, there are risks, including those of suffocation for children and others. Please govern yourself accordingly.
- Warranties/Limitation of Liabilities. Shower Graphix expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose, and all other obligations or liabilities on Shower Graphix’s part. Shower Graphix also EXPRESSLY DISCLAIMS ANY ORAL WARRANTIES. Shower Graphix neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale of the Product. There are no WARRANTIES; ALL WARRANTIES ARE EXPRESSLY DISCLAIMED.
- Breach of Agreement.
(a) Limitation of Action. No action at law or in equity shall be maintained by Customer against Shower Graphix for Shower Graphix’s alleged breach of this Agreement and/or violation of any federal, state, or local law now in effect or hereafter enacted with respect to any obligation or duty incurred hereunder by Shower Graphix, unless (i) Customer notifies Shower Graphix in writing at the address specified in this Agreement within thirty (30) days from the date of such alleged breach or violation, and provided Shower Graphix does not remedy or correct the breach or violation within ninety (90) days from the receipt of the notice; and (ii) such action at law or in equity is commenced by Customer within one (1) year from the sale date, unless extended by ninety (90) days to allow for notice to Shower Graphix and its response as provide by this paragraph.
(b) Limitation of Damages. If Customer or Shower Graphix brings any action at law or equity, no cause of action by Customer or Shower Graphix shall include a claim, nor may recovery be had against Shower Graphix, for any punitive, incidental or consequential damages, including but not limited to, damages to property, for loss of use, loss of time, loss of profits or income. The Customer’s sole remedy is return of purchase price, excluding shipping costs.
- Integration; Waiver of Default. This Agreement constitutes the final, complete, exclusive, and fully integrated statement of the terms of the agreement between the parties, and supersedes all prior and contemporaneous agreements and undertakings of the parties in connection with this sale. No modification, addition to or waiver of any right, obligation or default shall be effective unless in writing and signed by the party against whom the enforcement thereof is sought. One or more waivers of any right, obligation or default shall not be construed as a waiver of any subsequent or other right, obligation, or default.
- Governing Law. This Agreement shall be construed, performed and enforced in accordance with, and governed by, the laws of the State of Iowa. Any action regarding this Agreement shall be filed in the courts situated in Polk County, Iowa.
- Binding Effect; Enforceability. This Agreement shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns. If any of the provisions of this Agreement, or portions thereof, are found to be invalid by any court of competent jurisdiction, the remainder of this Agreement shall nevertheless remain in full force and effect.
- Force Majeure. Shower Graphix shall not be liable for any failure to perform as a result of its inability to obtain raw materials, parts or supplies through its usual and regular sources (or on a timely basis), interruption of transportation, delays in delivery, government regulation, labor disputes, strikes, war, fire, flood, accidents, or other causes beyond Shower Graphix’s control making it impractical for Shower Graphix to perform.
- Payment of Expenses. If Shower Graphix is required to engage in any proceedings, legal or otherwise, to enforce its rights under this Agreement, Shower Graphix shall be entitled to recover from Customer, in addition to any other sums due, all reasonable attorneys fees, costs and necessary disbursements incurred in connection with said proceedings, including collections efforts.