Terms of service

JAM WHOLESALE TERMS OF SERVICE

Orders & Acceptance

All orders are subject to acceptance by Seller in its sole discretion.

Once accepted, all orders are final, binding, and non-cancellable. Buyer may not modify, cancel, or delay any order without Seller’s prior written consent, which may be withheld for any reason.

2. Payment Terms

All orders require full payment in advance unless otherwise agreed in writing.

Seller has no obligation to begin production, allocation, or shipment until payment has been received and cleared.

Failure to complete payment constitutes forfeiture of any reserved inventory and may result in cancellation at Seller’s discretion without liability.

3. Pricing & Adjustments

All pricing is subject to change at any time prior to order acceptance.

Seller reserves the right to adjust pricing due to increases in material costs, freight, tariffs, or other external factors beyond Seller’s control.

4. Lead Times & Delivery

All lead times, shipping dates, and delivery estimates are approximate and non-binding.

Seller makes no guarantees regarding delivery timelines and shall not be liable for any delays.

Delays, regardless of cause, including but not limited to production issues, port congestion, customs, labor shortages, or carrier delays:

  • Do not constitute breach of contract

  • Do not justify cancellation

  • Do not entitle Buyer to refunds, credits, or damages

5. Shipping, Title & Risk of Loss

All goods are shipped FOB Shipping Point.

Title and risk of loss transfer to Buyer immediately upon release of goods from Seller’s facility.

Seller is not responsible for:

  • Carrier delays

  • Lost shipments

  • Damaged goods in transit

Buyer is solely responsible for filing claims with the carrier.

 

 

6. Inspection & Acceptance

Buyer must inspect all goods immediately upon receipt.

Any claims for shortages, defects, or damages must be submitted in writing within 5 business days of delivery.

Failure to notify Seller within this period constitutes:

  • Full acceptance of goods

  • Waiver of any claims

7. Returns, Credits & Refunds

All returns are subject to Seller’s sole and absolute discretion.

Seller is under no obligation to accept returns.

If a return is approved:

  • Compensation will be issued as store credit only, unless Seller determines otherwise

  • Store credit is valid for 60 days from issuance

  • All unused credit after 60 days is automatically forfeited without exception

Seller reserves the exclusive right to:

  • Deny refunds entirely

  • Offer partial credits

  • Impose restocking or handling fees

8. No Warranty / Limited Warranty

Except as explicitly stated in writing, all goods are provided “as is” without any warranties, express or implied, including merchantability or fitness for a particular purpose.

Seller does not guarantee resale performance, marketability, or suitability for Buyer’s intended use.

9. Limitation of Liability

To the maximum extent permitted by law:

Seller shall not be liable for:

  • Indirect, incidental, consequential, or punitive damages

  • Loss of profits, revenue, or business opportunities

Seller’s total liability under any claim shall not exceed the amount paid for the specific goods at issue.

10. Indemnification

Buyer agrees to indemnify, defend, and hold Seller harmless from any claims, damages, liabilities, or expenses arising from:

  • Buyer’s resale or use of the goods

  • Buyer’s marketing, labeling, or modifications

  • Any third-party claims related to Buyer’s business operations

11. Force Majeure

Seller shall not be liable for any delay or failure to perform due to events beyond its control, including but not limited to:

  • Natural disasters

  • War or geopolitical events

  • Supply chain disruptions

  • Labor shortages

  • Government actions

Performance timelines shall be extended accordingly.

12. Chargebacks & Payment Disputes

Buyer agrees not to initiate chargebacks or payment disputes without first attempting to resolve the matter directly with Seller.

Any unauthorized chargeback constitutes a material breach of this agreement.

Seller reserves the right to:

  • Pursue legal action

  • Recover all costs, including attorney’s fees and collection expenses

13. Suspension of Service

Seller reserves the right to suspend or refuse service to any Buyer at any time for any reason, including prior disputes, non-compliance, or risk concerns.

14. Attorney’s Fees & Enforcement

In any dispute arising from this agreement, Seller shall be entitled to recover all legal fees, court costs, and collection expenses incurred in enforcing these Terms.

15. Governing Law & Venue

This agreement shall be governed by the laws of the State of New York.

Any legal action must be brought exclusively in the courts located in New York, and Buyer consents to such jurisdiction.

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms constitute the entire agreement between Seller and Buyer and supersede any prior discussions or agreements.

No modification shall be valid unless in writing and signed by Seller.

18. Acceptance of Terms

By placing an order, Buyer acknowledges that they have read, understood, and agreed to these Terms & Conditions in full.

19. Binding Acceptance of Terms

These Terms & Conditions are binding upon Buyer upon any of the following actions:

  • Placing an order with Seller

  • Submitting payment for any invoice

  • Accessing or purchasing through Seller’s website

  • Accepting delivery of goods

Buyer’s actions constitute full acknowledgment and acceptance of these Terms & Conditions, whether or not Buyer has physically signed a separate agreement.

Seller’s Terms & Conditions are incorporated by reference into all invoices, order confirmations, and transactions.