GENERAL TERMS AND CONDITIONS OF DELIVERY AND SALE – NOT JUST COLLECTIBLES

Our deliveries and services – also in the future – are subject to the following General Terms and Conditions even if we do not refer to them specifically in individual cases. The validity of the General Terms and Conditions can only be excluded in whole or in part by explicit written agreement in individual business transactions. General Terms and Conditions, in particular the customer’s terms and conditions of purchase, have no validity for our deliveries and services. They shall also not bind us in any way if we do not specifically object to them in individual cases; we hereby object to and reject them. Our General Terms and Conditions of Delivery and Sale shall be deemed accepted, at the latest upon receipt of the goods or services.

General

These Terms and Conditions of Sale (these “Terms”) govern the sale and delivery of all products (the “Products”), and all transactions incidental thereto, by or on behalf of NOT JUST COLLECTIBLES, LLC (“NJC” or “we”) to any of NJC’s customers (each, “Customer” or collectively, “Customers”).
No other terms or conditions shall be of any force or effect unless otherwise specifically agreed upon by NJC in a writing duly executed by an authorized officer of NJC.  Any additional or different terms or conditions contained in Customer's order or response to NJC’s confirmation, or any other form or document supplied by Customer shall be deemed objected to by NJC and shall not be binding on NJC.  No general terms and conditions of any Customer shall at any time form a part of the content of any contract or agreement between Customer and NJC, even if they are not expressly rejected by NJC.  Delivery of the Products do not constitute acceptance of any of Customer’s terms and conditions and do not serve to modify or amend these Terms.
These Terms supersede any and all prior oral quotations, communications, agreements or understandings of the parties in respect of the sale and delivery of the Products and shall supersede any and all other terms and conditions contained in any order placed by Customer or otherwise communicated by Customer.
Failure of NJC to object to terms and conditions communicated by Customer shall in no event be construed as an acceptance of any other terms and conditions. Any communication or conduct of Customer which confirms an agreement for the delivery of Products by NJC, as well as acceptance in whole or in part by Customer of any delivery of Products from NJC shall constitute an unqualified acceptance by such Customer of these Terms.
If Customer finds any provision of these Terms not acceptable, Customer must so notify NJC immediately and must not place an Order (as defined below). Deviations from these Terms require the prior written approval of NJC.

OFFERS, ORDERS AND CONFIRMATION

NJC shall sell and deliver to Customer, and Customer shall purchase and accept from NJC, the Products described on or in any order submitted by Customer via NJC’s website or other online services (an “Order”).
By placing an Order, Customer makes an offer to purchase the Products pursuant to these Terms. NJC shall be entitled to refuse an Order for any or no reason.  No Order is binding upon NJC until NJC acknowledges and confirms the Order by email (a “Confirmed Order”). Notwithstanding any prior confirmation of an Order by NJC, NJC shall have no obligation to deliver Products to Customer or otherwise perform any of its obligations set forth in the Confirmed Order or herein if Customer is in breach of any of its obligations hereunder or the Confirmed Order.
In the event Customer cancels or modifies any Confirmed Order, Customer shall bear all costs associated with such cancellation or modification, and, in the event of a modification of a Confirmed Order, NJC shall be free to accept or reject such modification without any further obligation to Customer whatsoever.
Each Confirmed Order shall be considered a separate agreement between the parties to purchase and sell Products, and any failure to deliver Products under any Confirmed Order shall have no consequences for other deliveries.  These Terms and the terms and conditions of a Confirmed Order taken together shall constitute the entire agreement between NJC and Customer regarding the sale and delivery of the Products pursuant to such Confirmed Order.

PRICES

The price of the Products shall be as published on NJC’s website at the time of the Order unless otherwise quoted in writing by NJC. All published prices are subject to change without prior notice. NJC’s prices are FCA Seabeck, WA, or FCA such other location where the Products may be stored from time to time. Such prices include standard packaging. Shipping costs as well as taxes, duties or charges in any jurisdiction levied in relation to the Products shall be for Customer’s account and will be added to each invoice as separate line items.  Any special requests concerning shipping, transportation and insurance shall be communicated to NJC in a timely manner and subject to NJC’s prior written approval.  Customer shall bear all costs resulting from such requests.

PAYMENT TERMS

The purchase price for the Products to be delivered under a Confirmed Order and all other amounts due in connection therewith shall be due and payable prior to delivery of such Products. Customer shall make payment in US dollars by credit card, PayPal, or such other method displayed on the payment section of NJC’s website from time to time without any discount, deduction or offset whatsoever. Customer shall be solely responsible for any bank fees, or other fees, incurred due to the wire transfer or any other selected payment method.  In no event shall any loss, damage, injury or destruction, force majeure or any other event beyond Customer’s control release Customer from its obligation to make the payments required herein.

DELIVERY AND ACCEPTANCE

All deliveries of Products shall be made FCA Seabeck, WA, or FCA such other location where the Products may be stored from time to time, and title to and risk of loss for the Products shall pass to Customer upon delivery thereof to any common carrier at NJC’s warehouse in Seabeck, WA, or such other location where the Products may be stored from time to time. NJC or its agent may select any commercial air, ship, motor or rail carrier or any combination thereof for the transportation of the Products and will notify Customer thereof in the Order Confirmation. Any times or dates for delivery by NJC are estimates and shall not be binding on NJC. NJC is entitled to deliver the Products to be delivered under any Confirmed Order in part and to invoice Customer separately for such partial deliveries. In no event shall NJC be liable for any delay in delivery. Delay in delivery of any Products shall not relieve Customer of its obligation to accept delivery thereof.
Customer’s failure to accept delivery of any Products pursuant to a Confirmed Order shall not release or excuse such Customer from its obligation to timely pay all amounts due in connection with such Confirmed Order.  If Customer rejects or revokes acceptance of Products or fails to pay any amounts when due, or repudiates with respect to all or part of a Confirmed Order, NJC, in its sole and absolute discretion, may extend the period of delivery by such period as NJC may deem reasonable, or withhold or cancel delivery of any Products, or cancel any or all Confirmed Orders without any further obligations to Customer whatsoever.  In such event Customer shall be responsible for any and all costs and expenses incurred or damages or losses suffered by NJC in connection with any such delay notwithstanding any action or inaction by NJC with regard to such delay.

EXAMINATION AND CONFORMITY TO ORDER

Promptly upon receipt of any Products, Customer shall conduct a full and complete inspection of such Products and satisfy itself that the Products delivered conform to NJC’s Limited Warranty and meet all requirements set forth in the Confirmed Order. Customer shall notify NJC in writing of any apparent defects or other non-compliance with such Confirmed Order that Customer could reasonably have discovered during such inspection within five (5) days from the date of receipt of such Products, and Customer shall notify NJC in writing within three (3) days of the date on which Customer shall first have become aware of any hidden defect or non-compliance which could not reasonably have been discovered during Customer’s initial inspection of the Products.  Notwithstanding anything to the contrary contained herein, any and all claims for defective or non-compliant Products must be received by NJC within six (6) months of the earlier to occur of (a) the delivery of the Products pursuant to these Terms or (b) NJC’s notification of Customer that the Products are ready for delivery.
If Customer fails to timely notify NJC of any defects or non-compliance of any Products delivered or Customer uses, destroys or modifies any Products that Customer knows or should have known to be defective or non-compliant without NJC’s prior written consent, such Customer shall be deemed to have unconditionally accepted such Products and waived all of its claims for breach of warranty or otherwise in respect of such Products.  
Products that NJC consents or directs Customer in writing to be returned shall be returned to NJC at Customer’s risk to the destination directed by NJC.

RETURNS/REFUND

If Customer is not satisfied with a Product, such Customer may return such Product to NJC. Returns must be received in original condition and in the original packaging within thirty (30) days after receipt of the Product by Customer. The refund will be reduced by a restocking charge equal to 50% of the price of the Product. Shipping costs are non-refundable. The refund will be processed in the form of a credit back to the original method of payment. All returns must be accompanied with a return merchandise authorization (“RMA”) number which can be requested from NJC. Products shall be returned at Customer’s sole risk to the destination directed by NJC. NJC does not accept any returns or exchanges of special order (configurable) Products.

Paypal will no longer return processing fees (2.9% + $0.30) when you refund a customer starting October 11, 2019. This means, if you paid for an order and ask for a refund, we will not be able to refund the fee back to you.

LIMITED WARRANTY

NJC warrants that the Products are free from defects in material and workmanship when shipped (the “Limited Warranty Period”) to Customer.
This limited product warranty (this “Limited Warranty”) does not apply to defects, damage, failure or loss resulting from:
• improper or inadequate installation, use, storage, handling, operation, or maintenance (including without limitation, the use, storage, handling, operation or maintenance of Products contrary to written instructions and/or recommendations of NJC, inadequate training of personnel, excessive usage as well as usage of improper resources or accessories);
• pre-existing damages done by the manufacturer;
• unauthorized alteration, modification or repair;
• acts or omissions of Customer or third parties following delivery of the Product;
• force majeure; or
• ordinary wear and tear of the Products.
NJC is not responsible for damage to Products which occurs in transit. Damages in transit shall be notified to the responsible carrier in writing immediately after receipt of the Products and NJC shall be informed accordingly.
To make a warranty claim under this Limited Warranty, Customer must contact NJC directly to obtain instructions from NJC.  All Products that are returned to NJC under this Limited Warranty must be accompanied with an RMA number provided by NJC.  CUSTOMER’S FAILURE TO COMPLY WITH THE COMPANY’S INSTRUCTIONS IN MAKING A WARRANTY CLAIM MAY RESULT IN A DENIAL OF ALL OR PART OF THE CLAIM.
NJC reserves the right to conduct the necessary tests on the allegedly defective Product.  If NJC confirms the defect, NJC shall, at its sole discretion, repair or replace the defective Product. NJC undertakes to offer a replacement Product which is similar in function and quality. If repair or replacement is commercially impracticable for NJC, NJC may grant Customer a refund or price reduction for the defective Products. Delivery of a replacement or repaired Product does not result in a renewal or extension of the Limited Warranty Period. In no event shall any warranty claims for a defect be made after the expiration of the Limited Warranty Period.  Any Products or parts thereof removed and replaced by NJC under this Section 8 shall be the property of NJC.
Only Customers who originally purchased a new Product from NJC or an authorized retailer, may make claims under this Limited Warranty. This Limited Warranty does not extend to any subsequent owner or other transferee of a Product.
TO THE EXTENT NOT PROHIBITED BY FEDERAL OR STATE LAW, THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY AND TO THE EXTENT NOT PROHIBITED BY FEDERAL OR STATE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WARRANTIES OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, EXCEPT FOR THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FOR WHICH WE LIMIT THE DURATION AND REMEDIES TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO CERTAIN CUSTOMERS.
THE REMEDIES UNDER THIS LIMITED WARRANTY ARE THE CUSTOMERS’ SOLE AND EXCLUSIVE REMEDIES AND THE COMPANY’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. CUSTOMERS MAY HAVE OTHER RIGHTS APART FROM THE SPECIFIC LEGAL RIGHTS SET FORTH HEREIN, WHICH VARY FROM STATE TO STATE.  
NJC may change the terms or availability of this Limited Warranty at any time at NJC’s sole discretion without prior notice, but such changes will not apply to any claims made prior to the effective date of such change.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NCJ BE LIABLE TO ANY CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT NCJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL JAUCH’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME CUSTOMERS.

MISCELLANEOUS

NJC shall not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, disruptions of the public power supply, communications and transportation infrastructure, governmental measures (including but not limited to lockdown orders), malware or hacker attacks, fire, extraordinary weather events, epidemics, pandemics, nuclear and chemical accidents, earthquakes, war, terrorist attacks, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, or other acts of God.
In the event of a conflict between the provisions of these Terms and the provisions of a Con-firmed Order, the provisions of these Terms will govern and control.  NJC may amend or modify these Terms from time to time. Any such changes, revisions, amendments or modifications shall become effective without any further action by any party and they shall not apply to any Confirmed Order prior to the effective date of such changes, revisions, amendments or modifications. Customer shall review these Terms prior to each Order. The date these Terms were last revised is stated at the top of these Terms.
If any provision contained in these Terms or any Confirmed Order is held by final judgment of a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be severed from the remainder of these Terms or such Confirmed Order, and the remainder of these Terms or such Confirmed Order shall be enforced. In addition, the invalid, illegal or unenforceable provision shall be deemed to be automatically modified, and, as so modified, to be included in these Terms, such modification being made to the minimum extent necessary to render such provision valid, legal and enforceable.
In the event of a violation or threatened violation of NJC’s proprietary rights, NJC shall have the right, in addition to such other remedies as may be available pursuant to law or these Terms, to temporary or permanent injunctive relief enjoining such act or threatened act. The parties acknowledge and agree that legal remedies for such violations or threatened violations are inadequate and that NJC would suffer irreparable harm.
No Customer may assign its Order or any right or interest therein or any other obligation arising hereunder without the prior written consent of NJC. Any attempted assignment shall be null and void.  NJC may assign its rights and/or delegate its liabilities under any Confirmed Order at any time including but not limited to NJC’s rights to any account receivables owed by Customer.
No waiver by NJC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NJC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

APPLICABLE LAW AND JURISDICTION

All matters relating to these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).  The parties hereby expressly exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods.
Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in a court of competent jurisdiction in the City of Seattle, State of Washington, although we retain the right to bring any suit, action, or proceeding against Customer for breach of these Terms in such Customer’s country of residence. Customer waives any and all objections to the exercise of jurisdiction over such Customer by such courts and to venue in such courts. TO THE EXTENT NOT PROHIBITED BY THE APPLICABLE STATE LAW, CUSTOMER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS.

Last Modified: February 18, 2021

 Last Updated: 2 Mar 2021