Lexington Printer Supply Terms and Conditions

Sales Terms & Conditions:

1. InkJetsInc.com of Florida, Inc., which also does business as Lexington Printer Supply (together, "IJI") agrees to supply and you agree to purchase/license/sublicense products ("Products") quoted herein subject to these terms and conditions, which shall supersede any terms and conditions on any purchase order form or document you submit to IJI ("Agreement"). By using this site and/or ordering from IJI, you consent be bound by these terms and conditions.You also agree that the Products will not be used for, or in the design of any ultra-hazardous activities, including but not limited to, air traffic control, critical care operations, mining, nuclear installations, and the like. While IJI uses its best efforts to assure prompt delivery, all stated delivery times are estimated and not guaranteed. IJI will not be liable for any damages due to delayed shipments.
2. PAYMENT TERMS: Our payment terms are net thirty (30) days from our invoice date. Each shipment will have a separate invoice. A late payment fee of the lesser of 1.5%, or the maximum interest rate allowed by law, of the invoice total will be charged for each month (or portion thereof) that an invoice remains unpaid by you. You are also responsible for any costs, including attorneys' fees, incurred by IJI in the collection of any invoice balance not paid within the previously stated time period. IJI's pricing is based on a cash discount that may not be applicable to other payment forms.
3. SHIPPING AND HANDLING: Free overnight shipping pertains to cartridges in stock in our TN warehouse being shipped to a single business address as defined by Fedex on orders in excess of thirty dollars ($30.00) A shipping and handling charge may be added to each order not meeting these conditions, at management's discretion.
4. TAXES: Prices do not include any federal, state, municipal or other foreign government duties or taxes (such as sales, use, etc.). We will honor properly presented sales tax exemption certificates supplied at the time of the order.
5. Patent and Trademark Indemnity: IJI shall have no duty to defend, indemnify, or hold Customer harmless from and against any or all damages and costs incurred by Customer arising from the infringement of Patents or Trademarks or the violation of Copyrights by goods which were not manufactured by IJI.
6. PRODUCTS & ORIGIN: IJI sells top quality inkjet and toner cartridges. These cartridges, like almost all other cartridges sold in the United States (including OEM Cartridges manufactured by your printer manufacturer) are manufactured outside the US of new and recycled component parts. All IJI cartridges come with an unconditional money 100% money back guarantee (with the sole exception of cartridges where the ink has been consumed).
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
   1. IJI IS A RESELLER, NOT THE MANUFACTURER OF THE PRODUCT(S). THEREFORE, IJI ONLY PROVIDES THE WARRANTIES AS SET FORTH EXPLICITLY HEREIN. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE PRODUCT(S) IS AT YOUR SOLE RISK.YOU RECOGNIZE THAT THE USE AND SERVICING OF COMPUTER PRODUCTS INVOLVES A SUBSTANTIAL RISK OF LOSS OF STORED DATA AND COMPUTING AND COMMUNICATION FUNCTIONS, AND THAT INDUSTRY STANDARDS DICTATE YOUR SYSTEMATIC USE OF PRODUCTS, SYSTEMS, AND PROCEDURES WHICH PROVIDE COMPREHENSIVE PROTECTION AND BACK-UP OF DATA, COMMUNICATION, AND COMPUTING FUNCTIONS SO AS TO PREVENT ANY LOSS OR DOWNTIME.
   2. IJI MAKES NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN THE REPLACEMENT OF DEFECTIVE CARTRIDGES OR REFUND OF THE PURCHASE PRICE FOR DEFECTIVE CARTRIDGES (AT IJI’S SOLE CHOICE). IN NO EVENT SHALL IJI BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, AMONG OTHER THINGS, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING FROM THE PRODUCT(S) SOLD HEREUNDER OR ANY ACTIONS TAKEN BY YOU BASED ON THE PRODUCTS SOLD HEREUNDER, EVEN IF IJI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY IJI SHALL NOT BE LIABLE FOR LOSSES, COSTS, EXPENSES, OR DAMAGES OF ANY KIND OR NATURE ALLEGED TO HAVE RESULTED FROM ANY BREACH OF WARRANTY OR FAILURE OF THE PRODUCT OF ANY KIND. IJI DOES NOT WARRANT THE MERCHANTABILITY OF THE PRODUCT(S) OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THEIR OPERATION WILL BE UNINTERRUPED OR ERROR-FREE. IJI HAS EXPRESSED NO OPINION AS TO THE SUITABILITY OF THE PRODUCT PURCHASED FOR YOUR PARTICULAR PUPOSE.
   3. THE ACTUAL MANUFACTURER OF THE PRODUCT(S) MAY OFFER ADDITIONAL WARRANTIES, AND INFORMATION. PLEASE READ THE DOCUMENTATION INCLUDED WITH THE PRODUCT(S) BY THE MANUFACTURER FOR MORE SPECIFIC INFORMATION.
   4. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR THE LIMITATION OF IMPLIED WARRANTY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
   5. PLEASE NOTE THAT THE TERMS OF THIS SECTION MAY NOT AFFECT OR PREJUDICE YOUR STATUTORY RIGHTS IF YOU ARE A CONSUMER AND THE PRODUCT(S) ARE NOT PURCHASED IN THE COURSE OF BUSINESS.
   6. IJI'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES OR COSTS RESULTING FROM ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO IJI FOR THE SPECIFIC PRODUCT.
8. ERRORS, PRICE CHANGES & AVAILABILITY: IJI shall not be held liable for mistakes or typographical errors. Prices are subject to change without notice. Products listed are subject to availability and may change without notice. 
9. FORCE MAJEURE: IJI shall not be liable for any failure to perform under this Agreement resulting from any cause beyond the reasonable control of IJI, including, but not limited to, an act of God; accident; telephone service provider problem; war; hurricane; tornado fire; lockout; strike or labor dispute; riot or civil commotion; act of the public enemy; enactment, rule, order or act of civil or military authority; or acts or omissions of any other party, including IJI's Vendor.
10. APPLICABLE LAW, CHOICE OF VENUE: This Agreement is entered into in Lee County, Florida and shall be governed by, construed and enforced in accordance with, the laws of the State of Florida, notwithstanding any application of choice of law principles. You agree that any lawsuit filed to enforce this Agreement shall be properly filed only in the Courts of Lee County Florida, or the United States District Court situate in Fort Myers, Florida.
11. TERMINATION: IJI has the right to refuse future service, terminate or change this Agreement without notice. IJI has the right to deny credit to any company or entity that does not meet the then current IJI credit standards.
12. ASSIGNMENT & SURVIVAL: This Agreement, including, all of its underlying obligations, may not be assigned by you without the express, written consent of an officer of IJI. The provisions of the Patent and Trademark Indemnity, Disclaimer of Warranties and Limitation of Liability, Assignment and Survival, and Applicable Law, Choice of Venue sections of this Agreement shall survive any termination of this Agreement.
13. SEVERABILITY: In the event any term, provision or covenant of this Agreement shall be judged by any court of competent jurisdiction to be unenforceable, then the validity of the remaining terms, provisions and covenants shall be unaffected and this Agreement shall be construed as if the unenforceable provision had never been a part of it. If any term, provision or covenant of this Agreement shall be judged unenforceable by a court of competent jurisdiction by reason of its duration, scope or a combination thereof, such covenant shall be adjusted to the extent necessary to cure such lack of enforceability, and this Agreement shall be construed as if such provision had originally been agreed to in its adjusted form.
14. MODIFICATION: This Agreement may only be modified or amended in writing under the signature of IJI's President or Chief Executive Officer.
15. HEADINGS: The headings herein are for organizational purposes and ease of reading only and shall not be binding upon the parties.
16. EQUAL EMPLOYMENT OPPORTUNITY: IJI is an equal opportunity employer.
17. SEVERABILITY. In the event any term, provision or covenant of this Agreement shall be judged by any court of competent jurisdiction to be unenforceable, then the validity of the remaining terms, provisions and covenants shall be unaffected and this Agreement shall be construed as if the unenforceable provision had never been a part of it. If any term, provision or covenant of this Agreement shall be judged unenforceable by a court of competent jurisdiction by reason of its duration, scope or a combination thereof, such covenant shall be adjusted to the extent necessary to cure such lack of enforceability and this Agreement shall be construed as if such provision had originally been agreed to in its adjusted form.
18. NO ENDORSEMENT Please note that while the inkjet and toner cartridges sold by IJI are of the highest quality and come with a money back guarantee, they are NOT made or endorsed by the manufacturer of your printer.  The names of printers and printer manufacturers are used solely for descriptive purposes and no endorsement of IJI cartridges by your printer manufacturer is implied or intended. (They make us say this so you will keep spending obscene amounts of money on their cartridges!)
19. ENTIRE AGREEMENT. These terms and conditions constitute the full and complete understanding and agreement of the parties and supersede all prior understandings and agreements. Any waiver, modification of any provision herein shall be effective only if in writing and signed by the Chief Executive Officer or President of IJI.