Terms and Conditions
1. Governing Provisions
Adhesive Accessories of America (“Adhesive Accessories of America”) offers the goods and/or services described herein (the “Products”) to the buyer (“Buyer”) subject to these terms (the “Agreement”). Buyer may not modify, waive, or replace these terms without Adhesive Accessories of America’s written consent. Any conflicting or additional terms proposed by Buyer are rejected unless expressly accepted in writing. Acceptance of a prior Buyer offer is limited to the terms herein.
2. Acceptance
Buyer accepts this Agreement by checking “I have read and agree to the Terms and Conditions” at checkout on A3Mix.com. Adhesive Accessories of America accepts upon shipment of Products.
3. Cancellation, Modification, Returns
Orders may not be canceled or modified except with written consent from Adhesive Accessories of America. Buyer shall compensate for all resulting costs, including out-of-pocket expenses and lost profits. Products may only be returned with prior written authorization within 60 days, in original, unused, resalable condition, securely packed. Returns incur a 25% restocking fee plus shipping, insurance, and import/export costs.
4. Taxes
Buyer pays all taxes, duties, fees, and charges imposed on or related to the transaction, in addition to quoted prices.
5. Delivery
- (a) EXW Delivery: Products are delivered EXW 9112 S Austin Dr, Pharr, TX 78577. Title and risk pass to Buyer at the facility. Partial shipments are permitted.
- (b) Delivery Dates: Approximate only. Adhesive Accessories of America uses reasonable efforts but does not guarantee dates. Time is not of the essence.
- (c) Delivery Delays: Delays beyond Adhesive Accessories of America’s control or caused by Buyer extend delivery accordingly. Storage costs for Buyer-caused delays are charged to Buyer.
- (d) Claims: Shortage or error claims must be submitted in writing within 10 days of delivery; otherwise, Buyer waives claims.
- (e) Orders: Orders must be received at least 10 working days before requested delivery. Minimum online order: $50.
6. Payment
Payments accepted via VISA, MasterCard, or American Express in USD. Payment is due upon placing the order. Declined orders will be refunded within 30 days.
7. Security
If Buyer’s financial condition is insufficient, Adhesive Accessories of America may require advance payment, security, or guaranty, defer delivery, or cancel the Agreement. Late payments accrue 1.5% per month or the maximum allowed by law. Buyer may not set off amounts owed.
8. Limited Warranties and Remedy
- (a) Products Not Manufactured by Adhesive Accessories of America: Only the manufacturer’s warranty applies. Adhesive Accessories of America makes no independent warranties and does not guarantee manufacturer compliance. Claims must be made within 10 days of defect discovery. Warranty covers repair or replacement only if (i) notice is given in 10 days, (ii) defect not caused by Buyer misuse or alteration, and (iii) manufacturer’s shelf life has not expired. All warranty remedies are limited to repair or replacement.
- (b) No Liability for Other Damages: Adhesive Accessories of America is not liable for incidental, consequential, punitive, or other damages. Aggregate liability is limited to amounts paid for the defective product. Some states do not allow such limitations.
9. Disclaimer of Implied Warranties
All implied warranties, including merchantability or fitness for a particular purpose, are disclaimed for commercial products and limited to the stated warranty period for consumer products. Buyer assumes responsibility to verify suitability and use. Buyer also assumes post-sale duty to warn customers and indemnifies Adhesive Accessories of America for related claims.
10. Assignment
Neither party may assign this Agreement without the other’s written consent, except Adhesive Accessories of America may assign to affiliates or successors.
11. Governing Law
This Agreement is governed by Texas law. Disputes must be brought in Texas courts, and both parties consent to jurisdiction there.
12. Miscellaneous
Adhesive Accessories of America may correct clerical errors. Failure to enforce a term does not waive rights. Invalid provisions do not affect remaining terms. Buyer must comply with all applicable laws, including U.S. Export Administration regulations. Buyer is an independent contractor. Sections 8–12, 16, 18–20, and warranty/damage limitations survive termination. All remedies are cumulative.
13. Entire Agreement
This document contains the full agreement. Any conflicting or differing statements, purchase orders, or correspondence have no effect unless signed in writing by authorized officers.
14. Price; Terms
Prices are the higher of recent quote, market price, list price, or last charged price. All prices are in USD, EXW 9112 S Austin Dr, Pharr, TX 78577. Products will not ship until the order is accepted and fully paid.
15. Shipping; Insurance
Buyer pays shipping and insures products from the EXW shipping point.
16. Patent and Specification Liability
Buyer indemnifies Adhesive Accessories of America for claims arising from (a) infringement of third-party rights, or (b) injury or property damage due to Buyer’s specifications, designs, or instructions.
17. Force Majeure
Adhesive Accessories of America is not liable for delays or defaults caused by events beyond its control, including natural disasters, war, strikes, supply shortages, legal actions, or government regulations. Delivery may be prorated, extended, or canceled without liability.
18. Engineering Data
All engineering data, designs, and drawings remain the property of Adhesive Accessories of America. Buyer may not share them without written permission, except for product or operation/maintenance information to end users.
19. Indemnification
Buyer releases and indemnifies Adhesive Accessories of America, its affiliates, employees, and suppliers from all claims, damages, or liabilities arising from (i) Buyer’s misrepresentations, breach, or legal violations, (ii) injury, death, or property damage caused by Buyer or its parties, or (iii) Buyer’s products, specifications, or instructions. Buyer will allow participation in defense and not settle claims without written consent. Adhesive Accessories of America controls any product recalls, and Buyer must cooperate.