Terms & Conditions
TERMS AND CONDITIONS
MOCAMBO COFFEE USA offers this website to allow you to shop for coffee, tea, and other products online, to locate Mocambo Coffee USA products and retail locations, licensed locations, and grocery stores, and to help you learn more about Mocambo Coffee and our coffee. By using this website, you agree to these terms and conditions. This website is intended only for the use of persons age eighteen (18) or older. We reserve the right to modify or update these terms and conditions at any time. Please be sure you have read and agree to our current terms and conditions.
MOCAMBO COFFEE USA - TERMS AND CONDITIONS
The company accepting these Terms and Conditions of having an account (“Purchaser”) acknowledges having reviewed, understood and approved these terms. Purchaser accepts all of the terms and conditions and agrees to be bound by all such terms and conditions by purchasing the Mocambo Coffee USA products.
This Agreement sets forth the entire agreement between the parties and their respective heirs, legal representatives, successors and assigns regarding the sale by Mocambo Coffee USA of the merchandise identified and supersedes all prior orders, agreements, negotiations and representations, oral or written, regarding such sale. No waiver, amendment, modification or assignment of this Agreement or any of the terms or conditions hereof shall be effective against Mocambo Coffee USA unless approved in writing by an officer of Mocambo Coffee USA. Any additional or inconsistent terms shall be deemed material alterations within the meaning of California Uniform Commercial Code section 2207(2)(b) and shall not become a part hereof unless approved in writing by an officer of Mocambo Coffee USA.
2. NO WARRANTY OR GUARANTEE.
Mocambo Coffee USA MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT ONLY THAT Mocambo Coffee USA WARRANTS THAT THE MERCHANDISE TO BE SOLD BY Mocambo Coffee USA TO PURCHASER SHALL SUBSTANTIALLY CONFORM TO THE DESCRIPTION SET FORTH ON THE FRONT SIDE HEREOF. Mocambo Coffee USA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
3. CERTAIN TERMS OF SALE.
All payments shall be due within 7 days from the Agreement date which shall be the date of shipment. Purchaser must notify Mocambo Coffee USA of any full or partial nonacceptance of delivery or rejection of any delivery on the grounds of nonconformity within ten (10) days after receipt thereof by Purchaser or otherwise Purchaser shall be conclusively deemed to have unconditionally accepted such merchandise. Purchaser must notify Mocambo Coffee USA of all billing errors in writing prior to the billing due date. Failure to give notice will be considered a waiver by Purchaser of all rights to challenge the correctness thereof. If Purchaser fails to pay any amount payable, Mocambo Coffee USA may assess a late charge in the amount of one and one-half percent (1-1/2%) of the unpaid balance per month, but not to exceed the maximum amount permitted by law, payable on demand, in addition to any other remedies of Mocambo Coffee USA. Purchaser shall pay all costs and expenses incurred by Mocambo Coffee USA in collecting delinquent amounts (including late charges), including attorneys' fees and costs. Mocambo Coffee USA may accept partial payment on any invoice, which shall not constitute a waiver of Mocambo Coffee USA's right to collect the balance or an accord and satisfaction notwithstanding Mocambo Coffee USA’s endorsement of Purchaser's check.
4. RETURN POLICY.
(a) Purchaser must receive prior written authorization to return, or receive credit for any merchandise returns, from Mocambo Coffee USA within 30 days of the receipt of the product. NO UNAUTHORIZED RETURNS WILL BE CREDITED; any unauthorized returns and the freight charges therefor will be the sole responsibility of Purchaser; (b) no deduction for pending returns will be allowed without a written return authorization from Mocambo Coffee USA; (c) Purchaser’s account must be current before Mocambo Coffee USA will issue any return authorization; (d) the maximum allowable return is set forth in the Mocambo Coffee USA Distributor Agreement, which will be provided to Purchaser on request and is subject to change without notice. Any failure by Purchaser to adhere to this policy shall be considered a default by Mocambo Coffee USA and shall entitle Mocambo Coffee USA, among other things, to cancel any open orders from Purchaser and/or to adjust or revoke Purchaser’s credit line with Mocambo Coffee USA.
5. RISK OF LOSS; TAXES.
Title and risk of loss and damage to any merchandise covered by this Agreement shall pass to Purchaser immediately upon loading of the merchandise on the carrier’s trucks or other vehicles, except that risk of loss on “bill and hold” merchandise shall pass to Purchaser on such loading or invoicing by Mocambo Coffee USA, whichever occurs first. Mocambo Coffee USA shall have no obligation to insure any merchandise. Purchaser consents to any transportation arrangements made by Mocambo Coffee USA. Any taxes, levies or other charges which may be imposed or levied on the sale of the merchandise by Mocambo Coffee USA shall be paid by Purchaser.
6. DEFAULT TERMINATION.
If Purchaser wrongfully rejects or revokes acceptance of merchandise or fails to perform in accordance with these terms and conditions or any other agreement, document or instrument), or if Purchaser dissolves, liquidates, merges, reorganizes or has a change in control, or if any guarantor of any of Purchaser’s obligations to Mocambo Coffee USA should be in default to Mocambo Coffee USA, or if Mocambo Coffee USA, in its sole discretion, becomes dissatisfied with Purchaser’s creditworthiness for any reason, Purchaser shall be deemed to be in default hereunder. In such event Mocambo Coffee USA may, in its sole discretion, elect to (i) accelerate the due date of payment for any merchandise which has been shipped to Purchaser but has not yet been paid in full; (ii) require payment in full for any merchandise which has been ordered by Purchaser (and approved by Mocambo Coffee USA) in advance of shipment; (iii) terminate this Agreement and any other agreements between Mocambo Coffee USA and Purchaser and decline to ship any additional merchandise to Purchaser, (iv) revoke or adjust Purchaser’s credit line (if any) with Mocambo Coffee USA; (v) stop delivery of any merchandise in transit; and/or (vi) recover damages from Purchaser, in addition to any other remedies of Mocambo Coffee USA. If Mocambo Coffee USA elects option (iii) above, Mocambo Coffee USA shall refund any advance payments made by Purchaser, net of any damages incurred by Mocambo Coffee USA, and Purchaser shall return at its expense all merchandise previously delivered by Mocambo Coffee USA; Mocambo Coffee USA shall have the right to reclaim such merchandise, wherever located, and without notice, if Purchaser fails to return such merchandise promptly. Mocambo Coffee USA shall not be required to resell any returned or undelivered merchandise. All remedies of Mocambo Coffee USA set forth in this Agreement shall be cumulative and in addition to all other remedies available to Mocambo Coffee USA under any other agreement, document or instrument or at law or in equity, all of which are hereby reserved. Any notice in relating to the Agreement or other applicable agreement shall be in writing to the other party at the address shown on the front side hereof. Purchaser’s damages on account of a default by Mocambo Coffee USA shall be limited to the difference between the contract price as set forth on the front side hereof and the market price of the merchandise, less expenses saved by Purchaser as a result thereof. IN NO EVENT SHALL Mocambo Coffee USA BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS.
7. FORCE MAJEURE.
Notwithstanding anything herein to the contrary, Mocambo Coffee USA’s performance hereunder shall be suspended where prevented or hindered by causes beyond the control of Mocambo Coffee USA, such as accidents, strikes or other labor disturbances, natural disaster, war, civil disturbance, computer network or Internet malfunction, sabotage, equipment failure or repair, failure of Mocambo Coffee USA’s suppliers to deliver goods, plant shutdown, theft or acts of God. If Mocambo Coffee USA’s performance is delayed for more than one month as a result of such event, Mocambo Coffee USA shall have the right to terminate any remaining performance of Mocambo Coffee USA under this Agreement. Mocambo Coffee USA has advised Purchaser to carry its own insurance to protect itself against loss upon the occurrence of any such event.
8. GOVERNING LAW; ARBITRATION.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflicts of laws principles. Mocambo Coffee USA and Purchaser agree that in the event of any dispute arising out of or otherwise relating to this Agreement, the matter shall be resolved by binding arbitration before the American Arbitration Association (the "Association") in Washington. Each party shall pay one-half of the arbitration and filing fees prior to commencement of the arbitration. If any party fails to pay its share of such fees, it shall not be allowed to participate in the arbitration and the other party may pay the unpaid portion. The prevailing party shall be entitled to recover all such fees paid by it and its reasonable attorneys’ fees and costs.
9.THIRD PARTY LINKS
From time to time, the website may contain links to websites that are not owned, operated or controlled by Stumptown or its respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the website, you do so entirely at your own risk.
10. COPY RIGHT CLAIM POLICY
We do not permit anyone to post materials on our website that infringe the copyrights of others. If you believe any content on our website infringes your rights or if you are acting with consent on behalf of someone who does, please send us notice through our Copyright Infringement Claims Procedure
In the event that Mocambo Coffee USA consents in writing to waive any of the provisions hereof, that shall not constitute a waiver of such provision with respect to any other matter or event or a waiver of any other provision hereof. Purchaser shall indemnify and hold Mocambo Coffee USA harmless from any claim or liability (including but not limited to reasonable attorneys’ fees) arising from any act or omission of Purchaser, except where due to Mocambo Coffee USA’s gross negligence or willful misconduct. If Purchaser is an individual or sole proprietor, Purchaser acknowledges that this Agreement arises out of the conduct of a trade, business or profession by Purchaser. The section headings in this Agreement are for convenience only and are not to be deemed a part of this Agreement or used in the construction hereof. If any provision of this Agreement shall be found to be invalid or unenforceable, that shall not affect the remainder of this Agreement. All sales and other agreements between Purchaser and its customers are the exclusive responsibility of Purchaser and any commitment made by Purchaser to such customers with respect to the delivery, performance, suitability or other matters relating to the products are Purchasers sole responsibility.