*Terms and Conditions
This website, https://www.zilladisplay.com, (collectively referred to as the "Site" in these Terms of Service) is owned and operated by Zilla, LLC ("we", "us" or "Zilla, LLC"). By using and accessing our Site, you ("you", "user" or, "end user") agree to these Terms of Service (collectively, the "Terms of Service" or "Agreement").
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.
You acknowledge and agree that all content and information on the Site is protected by proprietary rights and laws. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell or re-sell any content or information obtained from or through the Site.
The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by Zilla, LLC.
Modifications to this Agreement
Zilla, LLC reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service from time to time. Your continued use of the Site after such modifications to this Agreement will constitue acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
Termination of Use
Zilla, LLC shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Site with or without notice for any reason.
Disclaimer of Warranty
You expressly agree that use of the Site is at your sole risk and discretion. The Site and all content and other information contained on the Site is provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, whether express or implied. Zilla, LLC makes no warranty that (I) the Site and content or information will be uninterrupted, timely, secure or error-free, (II) the results that may be obtained from use of this Site will be effective, accurate or reliable. The Site may include technical mistakes, inaccuracies or typographical errors. Zilla, LLC reserves the right to change the Site content and information at any time without notice.
Limitation of Liability
In no event shall Zilla, LLC or its affiliates be liable for any indirect, incidental, special, puntitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the Site, the content and other information obtained therein.
Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus the above limitations may not apply to you.
This Site could include technical or other mistakes, inaccuracies or typographical errors. Zilla LLC may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and Zilla LLC makes no commitment to update such materials or services.
Zilla LLC assumes no responsibility for errors or omissions in the information, documents, software, materials and/or services which are referenced by or linked to this site. References to other corporations, their services and products, are provided "as is" without warranty of any kind, either expressed or implied.
TERMS AND CONDITIONS
- All sales to Customer are final. Customer is responsible for 100% of the total balance as described in this Estimate, and is subject to the terms of Zilla LLC’s Purchase Agreement herein.
- Any project under $5000.00 US, full payment is due upon receipt and prior to release of final project unless modified terms are approved in writing by Zilla LLC. Any project over $5001.00 US, requires a 60% non-refundable deposit with balance due prior to release of final project unless modified terms are approved in writing by Zilla LLC. Failure to pay balance on invoice(s) prior to shipping may result in shipments being returned to Zilla, or installation labor being postponed.
- Rush charges may apply to orders requiring expedited turnaround.
INSPECTION OF GOODS:
- Product must be assembled and inspected by Customer within 48 hours of receipt. Shortage, damage or other discrepancies must be reported to Zilla LLC within 48 hours of receipt of goods to assure product quality. Customer waives any rights for claims of damages to the goods or functionality of the goods after the 48 hour inspection period has passed. Zilla LLC is not responsible for any manufacturers defects; all such claims must be directed to the manufacturer and are subject to manufacturer warranties. Customer agrees to hold Zilla LLC harmless of any such liability and defend Zilla LLC in case of litigation.
- Customer must obtain Zilla LLC’s written authorization before returning any goods. If authorized, approved returns may be subject to a restocking charge. Custom manufactured displays and printed graphics cannot be returned nor refunded, and deposits are not returned on custom exhibits.
- Any damage as a result of shipping is the responsibility of the Customer, and claims should be made with the freight carrier at the time of delivery.
- Products are subject to the terms of the specific manufacturer’s warranty. Zilla LLC is not responsible for replacing or repairing any product not covered by the manufacturer’s warranty.
- Zilla LLC makes no claims to offer extended or additional warranties beyond that of the product manufacturer themselves; and is not liable for replacement costs not warrantied. Any warranty issues must be directed to the manufacturer if claims go beyond the control of Zilla LLC.
- Products purchased from rental inventory, or in used condition, do not carry any warranties unless stated by Zilla LLC in this Estimate. They are sold in AS IS condition and are non-refundable.
- All purchases are final.
- All shipping costs associated with this project will be the responsibility of the Customer unless otherwise specified. All shipping costs stated are estimates only. Any overage amounts will be invoiced to the Customer separately and due upon receipt of invoice.
- Any damage as a result of shipping is the responsibility of the Customer, and claims should be made with the freight carrier at the time of delivery. Customer agrees to hold Zilla LLC harmless of any claims of damages as a result of shipping.
- Zilla LLC is not responsible for any delays in delivery, or lost items in shipping, due to weather, error or delay by the freight carrier themselves, or anything beyond the control of Zilla LLC.
- Damage to shipping crates, boxes, or containers are not covered by any warranty, and not the responsibility of Zilla LLC.
- To protect your investments and products, Zilla LLC highly recommends that the Customer request insurance on shipments in the amount of shipment value(s). Insurance is not provided by Zilla LLC, and not included in estimates or online orders unless specified therein.
FREE SHIPPING (for applicable online orders):
"PRICE MATCH PROMISE" (for applicable online orders):
1. Zilla LLC agrees to match any price from a competing company on the identical product sold (in brand new condition), and will offer up to 5% off the competitor's pricing for the identical product(s). Product must be the same brand and include same printing process(es), accessories and warranties.
2. In order to receive Zilla LLC's Price Match discount, Customer must supply written quotation from the competing company verifying identical products, accessories, print mediums, and manufacturer part numbers.
3. If Price Match is approved, Zilla LLC will sell product to Customer at up to 5% off of the competing company's price for the identical item(s), however Free Shipping offer no longer applies and standard shipping rates apply.
4. Price Match is applicable only to identical product pricing and not for shipping charges.
5. Not applicable for Price Match: Used, Rental, Custom, promotional/discounted, close-out, eBay, Amazon or non-US-based companies’ products.
6. Products from competitor(s) must be brand new, in stock and available for sale at the time of submission for Price Match.
7. Zilla LLC reserves the right to deny Price Match Promise and/or not sell any products at or below its wholesale cost.
LABOR AND SERVICES (if applicable):
- All labor and service costs associated with the project will be the responsibility of the customer unless otherwise specified. All rates stated are estimates only, and Customer is responsible for any overages.
- Any costs above what was estimated will be invoiced to the Customer separately and due upon receipt of invoice. Zilla LLC is not responsible for changes in costs, nor circumstances which may affect these costs, and is not liable for any of these costs; including (but not limited to) shipping costs, installation fees, material handling fees, rigging fees, electrical fees, lead retrieval orders, rental fees, or utilities costs.
- Zilla LLC is not responsible for the quality of work, professionalism, additional costs, nor delays or losses incurred by contracted labor services, and customer agrees to hold Zilla LLC harmless from any claims of damages as a result of such acts.
RENTALS (if applicable):
- Customer is responsible for any and all damage to rental components. Any defects noticed prior to use, must be documented, photographed, and brought to the attention of Zilla LLC immediately and prior to use. Once product is used customer waives any such defect claims.
- Rental items are offered in AS IS condition, not brand new, and Zilla LLC is not liable for any claim against quality if not indicated directly upon receipt.
- Customer’s Custom Graphics are always produced NEW and are the property of the customer after receipt. Graphics cannot be returned for refund. Graphics that are not detachable may not be returned.
- Credit Card Authorization is required prior to schedule of rental, and will be charged for the cost of any and all damages incurred during use.
INVENTORY (if applicable): Zilla LLC may, from time to time, house materials or inventory owned by Customer (“Customer Materials”) at one of its or one of its partner facilities (“Zilla LLC Facility”) in order for Zilla LLC to perform services for Customer; and Customer and Zilla LLC desire to agree to the terms and conditions upon which Zilla LLC will store such Customer Materials. Accordingly, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
- Customer agrees to pay the storage and other fees associated with Zilla LLC’s storage, inventorying and warehousing of the Customer Materials (“Customer Materials Warehouse Storage Fees”).
- Upon Zilla LLC’s receipt of Customer Materials, Customer agrees that it shall bear all and insure against all risk of loss at all times while such Customer Materials are located at the Zilla LLC Facility or while such Customer Materials are under the direction and control of Zilla LLC. Unless caused by the gross negligence or willful misconduct of Zilla LLC, in no event shall Supplier be liable for any loss or damage to the Customer Materials.
- In the event there is no order or de minimus activity related to the Customer Materials for a period of twelve (12) months or upon expiration or termination of this Agreement, Zilla LLC will use reasonable efforts to notify Customer of any such Customer Materials which remain under Zilla LLC’s direction or control and, unless otherwise agreed to in writing by both parties, Customer shall accept C.O.D. return shipment of all such remaining Customer Materials. In the event such Customer Materials are returned to Zilla LLC Facility, Customer shall remain liable for all costs related to the shipment of such Customer Materials and Zilla LLC shall have the right to destroy, resell or otherwise dispose of such Customer Materials and Customer shall be liable for all costs and expenses related thereto, including but not limited to all costs of shipment, destruction, resale, enforcement of and collection under this Agreement, including reasonable attorneys’ fees.
- Zilla LLC reserves the right to retain Customer Materials if any Customer Invoice(s) is not paid or is disputed; and Zilla LLC may retain, utilize, or sell Customer Materials to recover costs of uncollected Customer Invoice(s).
- All amounts due for goods and services purchased from Zilla LLC are payable at the address shown on Zilla LLC’s invoice(s) and statement(s) of account. All amounts due Zilla LLC are payable in full according to the terms stated herein, and on each invoice, without offset or deduction.
- Zilla LLC may cancel extension of credit and/ or discontinue deliveries at any time, without notice its sole discretion.
- Zilla LLC may, regardless of the terms stated on the invoices, require all outstanding amounts to be paid in full on demand in the event that sales to the Customer are discontinued for any reason; and Customer shall make payment without offset or deduction.
- As security for any and all amounts due Zilla LLC, Customer hereby grants to Zilla LLC a security interest in all equipment, supplies, merchandise, inventory and other goods purchased from Zilla LLC and in the proceeds and products thereof; and at Zilla LLC’s request, Customer shall, from time to time, execute and deliver Uniform Commercial Code financing statements to Zilla LLC for filing as a public record. Zilla LLC’s security interest is junior to any conflicting security interest of Customer’s commercial bank (if any such security interest now exists).
- If any amount due Zilla LLC is not paid when due, a finance charge of one and one half percent (1 ½%) per month of the balance (which finance charge equals eighteen percent (18%) per annum) or the maximum rate allowable by law (whichever rate is less) shall accrue from the due date until paid.
- Expect for express warranties that Zilla LLC may put in its invoice(s), Zilla LLC makes no warranty about its goods and services; Customer buys them “as is.” In no event shall Zilla LLC be liable for lost profits or consequential damages.
- To be accepted by Zilla LLC, Customer’s purchase order(s) must be confirmed by Zilla LLC’s written sales confirmation(s) or invoice(s).
- All sales to Customer are final. Customer must obtain Zilla LLC’s written authorization before returning any goods. If authorized, approved returns may be subject to a restocking charge.
- In the event the Customer requests Zilla LLC to stock and deliver proprietary goods (i.e., goods having a limited use or market or not otherwise commonly stocked by Suppler) and the Customer ceases to purchase such goods from Suppler, Zilla LLC will require the Customer to purchase the proprietary goods then in stock at Zilla LLC’s normal sales price, plus any out of pocket expenses.
- All transactions arising under this Agreement shall be governed by and construed in accordance with the Ohio State Laws. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Ohio (subject to appeal) and, by signing this contract, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.
- In the event the account becomes delinquent, Customer shall pay all of Zilla LLC’s attorney’s fees associated with collection of the account plus all attendant collection costs whether litigation is initiated or not.
- The Customer authorizes Zilla LLC to inquire into and obtain from any bank, lending institution, credit reference or credit reporting agency, whether listed on the Credit Application or not, any and all information relating to the Customer’s creditworthiness or financial condition.
- All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state Ohio or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
- This agreement is the entire agreement between the parties concerning Customer’s purchases from Zilla LLC; and all prior and contemporaneous agreements are merged herein. All amendments hereto and waivers of any rights hereunder shall be in writing and signed by the parties. All of Customer’s purchases from Zilla LLC shall be subject to this Agreement and to the terms of Zilla LLC’s invoices, sales confirmations, statements and its other account documents, and subject to the terms of no other form or document. If there is any conflict between the terms of this Agreement, on the one hand, and the term of Zilla LLC’s invoices, sales confirmations, statements or its other account documents, then the terms of this Agreement shall control. Subject to any restriction on transfer, this Agreement shall bind and benefit the heirs, successors and assigns of the parties. If an arbitrator or court with jurisdiction determines that any term of this Agreement is unenforceable, the other terms shall remain in full force and effect. Time is of the essence in performing all of the terms of this Agreement. This Agreement shall be construed according to its fair meaning and not for or against any party.
Date of Last Update
This agreement was last updated on July 1, 2018.