Southwest Displays & Events
Buyer’s Terms and Conditions
FOB & Transport fees
All purchases are FOB at the preexisting location(s) of the items included in the purchase agreement. Buyer assumes all responsibility and liability for shipping and all related costs, which may include but is not limited to disassembly, packaging, crate preparation, loading, transport, warehouse fees, unloading, forklift rental, and handling. Buyer understands and agrees that not all of these costs are knowable until after the fact, and accepts all responsibility for these costs as they become known.
Buyer may choose to have Southwest Displays & Events manage shipping on its behalf, or alternatively, it may handle shipping arrangements on its own. Southwest Displays & Events has extensive experience in shipping and handling of exhibit booths, and is often able to acquire these services at significant discounts for its buyers. Southwest Displays & Events is willing to provide quotes for these services at no cost or obligation to Buyer.
Southwest Displays & Events inspects many of the trade show booths and other items listed on its website, however, it must rely on the veracity and assertions of the sellers and their agents in many cases. In the event of any inaccurate information in a listing, Southwest Displays & Events shall endeavor in good faith to provide an equitable remedy to Buyer’s satisfaction.
Buyer agrees that all shipping costs are part of its pre-purchase personal inspection of the subject items, in lieu of a personal onsite inspection, and undertaken at its sole responsibility as non-refundable due diligence. Buyer agrees to inspect purchased items and notify Southwest Displays & Events of any damage, missing parts, or other problems within ten business days of delivery. Valid notice must be via email to firstname.lastname@example.org, should include digital photos of subject damage, and must have Southwest Displays & Events’ email reply acknowledgement. Notices received after ten days will not be considered.
Upon timely receipt of notification, Southwest Displays & Events will investigate the problem, identify possible solutions, and suggest remedies to Buyer. Such remedies may include:
- Parts, cases, or crates, etc. inadvertently left behind at warehouse or originating location may be delivered to Buyer at no additional cost
- Missing non-essential parts may be replaced with comparable replacement parts, at no additional cost to Buyer
- At its sole discretion, Southwest Displays & Events may offer or negotiate a monetary adjustment in favor of Buyer, based upon a pro-rata value of the booth in its entirety, and the fair market value of equivalent pre-owned parts. For example: if a booth costing $50,000 new sells used $7,500 and is missing 10% of non-essential parts, Southwest Displays & Events may offer a prorated adjustment of $750.
- In the event essential components (those required for proper assembly) are missing, Southwest Displays & Events may choose to locate a qualified source for said components, negotiate an equitable adjustment to the purchase price, or to issue an RMA and refund the purchase price upon the return and inspections of all components. Southwest Displays & Events will not refund shipping costs for any reason.
The three-part process of investigation, recommendation, and remediation typically takes at least thirty (30) days to complete, and may take much longer in some cases.
Southwest Displays & Events is never responsible for any collateral damage, resulting from a warehouse not releasing a booth, a delay in shipping, or any other issues that may arise. Although the buyer is protected as to the purchase of the booth or exhibit property, Southwest Displays & Events will never cover any other expenses, such as trade show fees, graphics expense, personnel expenses, any other related, or other unrelated expenses. Southwest Displays & Events is “only” responsible for the purchase price of the booth, and nothing else.
Buyer’s use of booth or any of its components in any public venue whatsoever certifies complete and unqualified acceptance of purchase, and relinquishes any right for inspection, claim, remedy, or return.
New Custom built booths
Any booth that is brand new, and/or custom built for a specific customer, will be ineligible for a refund, or a return. Once the new build process has started, and supplies have been ordered, there will be no refunds granted for any reason. This also applies to custom components, any custom parts, or any custom graphics that are made specifically for a customer.
Payments on new custom built booths
New custom built booths shall require a non-refundable deposit of 50% in order to start the new build project. Once the booth build is completed, then the remaining balance owed shall be due, and payable, before the booth, or any portion of the booth can ship out. The customer is welcome to either make an inspection at the warehouse, or request to have pictures of the booth sent to them. Upon final payment of the remaining balance owed on a custom booth build, the transaction is then considered approved, and completed. Once final payment is received on a custom built booth, the booth then cannot be returned for a refund for any reason. Any modifications requested on a custom built booth must be in writing, via return receipt email, and before the final payment is made.
Any bad funds payments, which consist of either a bad check, a chargeback on a credit card, a faulty bankwire, or any other fraudulent method of payment will subject the bad payer to the following: Any and all legal fees, various collection costs, and other related charges. Bad payments are also considered a complete violation of this agreement and may result in other legal issues, and liabilities for the bad payer, depending upon the size of the bad payment.
Buyer must have a Return Materials Authorization (RMA) from Southwest Displays & Events, and accepts all responsibility for all shipping costs, for all returns, for any reason. Southwest Displays & Events will issue its RMA via email. Southwest Displays & Events will treat any trade show booth or component(s) returned without RMA to be a relisting, new listing, or purchase for resale; or may refuse delivery entirely at its sole discretion, and may be subject to fees and charges subject to Southwest Displays & Events’ Seller’s Terms and Conditions.
Southwest Displays & Events may, at its sole discretion, begin charging storage fees for all components not picked up within seven calendar days from date of purchase, unless otherwise specified on invoice.
Mediation and Arbitration
The parties will resolve all disputes arising under this agreement first by mediation, and then, if mediation fails, by arbitration under the rules of the American Arbitration Association. Arbitration shall take place in Carrollton, Texas, unless the parties unanimously agree on a different location. The arbitrator’s decision shall be final and binding on all parties.
Successors and Assigns
This Agreement shall be binding on the parties, and on their parent companies, successors, and assigns, without regard to whether any instrument of succession or assignment expressly acknowledges such binding.
Purchaser agrees to indemnify Southwest Displays & Events against all losses, damages, claims, expenses, and attorneys’ fees incurred or suffered by Southwest Displays & Events because of any breach of this Agreement by Purchaser or its Representatives.
The laws of the State of Nevada, county of Clark, within the laws of the United States of America shall govern the terms, validity, interpretation, and performance of this Agreement. Purchaser consents to the exclusive jurisdiction of the state courts and the U.S. federal courts located there for any dispute arising out of this agreement.
Southwest Displays & Events may obtain, in addition to any other available legal remedies, such equitable relief as may be necessary to protect itself from any breach or threatened breach of confidentiality or exclusivity.
All notices with regard to this Agreement shall be printable and signed, and then sent to the last known addresses of the respective Parties via:
(a) U.S. certified mail, return receipt requested, or;
(b) Hand delivered to the respective Parties by official service, or;
(c) Imprinted with electronic signature, and electronically emailed to the respective parties, return receipt requested.
This Agreement supersedes all prior discussions, understandings, representations, and agreements on the subject matter thereof, whether written or oral. Only a further writing, duly executed by authorized representatives of both Parties, may modify or amend this Agreement.
If a court of competent jurisdiction holds any term or terms of this Agreement to be invalid or unenforceable, then this Agreement, including all of the remaining terms will remain in full force and effect as if such invalid or unenforceable term had never been included.
No Implied Waiver
Lucky Exhibit’s failure to insist or enforce in any one or more instances upon strict performance by Purchaser of any of the terms of this Agreement shall not constitute a waiver of, or affect its right to avail itself of, such remedies as it may have for any subsequent breach of the terms of this Agreement.
The parties shall construe the headings contained in this Agreement as provided for convenience only and shall not use them to construe meaning or intent.