TERMS & POLICIES U.S. TERMS
• NEW: Orders over $795 containing ONLY open line sundry products will have freight pre-paid by Marianna. • NEW: Marianna PLUS Order – Orders over $1,500 containing a MINIMUM of $795 of open line sundry products PLUS open line wet good products will receive pre-paid freight by Marianna. • NEW: Open stock orders over $2,900 will have freight pre-paid by Marianna. • This applies to all shipments to one destination within the Continental U.S. *Does not include Alaska, Hawaii, Canada or Puerto Rico. • All lift gate fees will be charged as assessed by the carrier and are the responsibility of the customer. • Terms Net 30 days upon credit approval; Finance charges of 1.5% monthly will be applied on all late payments.
OUTSIDE THE CONTINENTAL U.S. :
• Canada - On orders over $5,000 at catalog or contracted price, base ground freight will be pre-paid by Marianna. • If you are outside the continental USA, freight will be paid to port of exit for all orders following U.S. order terms listed above. For any order not meeting these requirements, freight to the port will be charged in full to the customer. These terms are applicable to all locations outside the Continental U.S. including, but not limited to, Alaska, Hawaii, Australia and Puerto Rico.
HAZARDOUS MATERIALS:
• Hazardous items are flammable products and are subject to additional shipping fees. • If the items are shipped small parcel, there will be a $32 fee per carton assessed. If the order includes hazardous items and is large enough to ship LTL, there will not be a hazardous charge. • Hazardous items cannot be backordered. If we do not have inventory on hand to ship, hazardous items will be removed from the order and must be placed on a new order. Minimum order terms will apply. All sales are final.
RETURNS:
• All sales are final. • Merchandise may be returned within 10 days for exchange, ONLY if a factory defect exists. • Returns accepted for any other reason will be assessed a 25% restocking charge. Merchandise returned must be in original package and in resaleable condition only. • To return an item, the customer must obtain a return authorization number from Marianna that must appear on the shipping carton. A packing list must be included to show the invoice number and date, a list of all returned goods and a reason for return. • ALL MERCHANDISE MUST BE RETURNED FREIGHT PREPAID. • Discontinued, special order, and kit merchandise cannot be returned.
PRICING:
• Prices are subject to change without notice. Merchandise will be billed at price prevailing on the day of shipment. • You will be notified of price changes in advance whenever possible.
SHIPPING:
• All shortages must be noted on the delivery receipt and reported within 10 days of the receipt of goods. • The customer must check the shipment for freight damages before accepting the goods from the carrier or UPS. Any damages must be noted on the delivery receipt. • All other concealed damages must be reported within 10 days of receipt of goods or they will not be honored. • If an order is returned or refused, Marianna will reship the order only upon the customer’s approval. Customer will be responsible for additional freight charges applied to the invoice. We reserve the right to apply restocking fees and any applicable shipping charges on all returned or refused orders.
Customer agrees to these additional terms, to be left in place unless and until Marianna™ or its pertinent subsidiary signs an express written modification to the contrary: 1. All quotes by us and payment by the customer are to be in United States dollars. 2. Notwithstanding the provisions of any purchase order or oral or written job request the customer may supply to us, the terms of this application will apply and preclude the inclusion of any different or additional terms that may be listed on the customer’s purchase order or request; and the substantive laws of the State of Nebraska will govern this application and all sales transactions. Unless waived in writing by us, any action to interpret or enforce this application, or otherwise pertaining to products, other materials or debts or to transactions between the customer and us, shall be brought in a state or federal court located in Omaha, Nebraska, the propriety of which jurisdiction is hereby acknowledged by the customer. To the extent allowed by law, as to actions pertaining to this application and transactions between the customer and us, the customer hereby WAIVE any defense of inconvenient forum concerning said courts. 3. I f any payment is not made when due to us and collection of any amount is placed in the hands of an attorney, whether or not suit is filed and whether or not proceedings are in bankruptcy, receivership or otherwise, the customer agrees to pay costs and expenses of collection and enforcement of the terms contained herein, including without limitation reasonable attorney fees. 4. I f any delay in our performance is due to fire, explosion, strike, or other differences with laborers, shortage of utility, material or labor, delay in transportation, or other accident, or any cause beyond our reasonable control, we shall have such additional time within which to perform our agreement with the customer as may be reasonably necessary under the circumstances. 5. T he customer hereby indemnify and agrees to hold us harmless for all loss or damage we sustain by reason of any claim made by a third person for infringement of any patents, trademarks, copyrights or similar protection based on formulas, designs, data or materials the customer provides to us. 6. Service charges on any invoices not paid within terms will be paid by the customer at the rate of 1.5% per month. 7. The customer hereby represents and warrants to us that the customer is solvent. For purposes of seller’s reclamation and other remedies, any purchase order or written request by the customer to us for products or other materials shall be deemed a written representation of the customer’s continued solvency. mariannabeauty.com
800.228.9060