Terms & Conditions
-
Scope
These Terms and Conditions of Sale (“Terms”) shall be the sole terms and conditions governing the sale of products (“Goods”) and provision of services (“Services”) by Boards for Days (“Boards for Days”) to the party listed on the order form or other documentation (“Order”) provided to Boards for Days by that party ("Customer"). Each of Boards for Days and Customer may be referred to herein as a “Party” and collectively as the “Parties.”
Upon the delivery of an Order to Customer these Terms and the associated Order together become a binding, bilateral contract between Boards for Days and Customer, with enforceable rights and performance obligations (the “Agreement”). The Agreement shall not fail as a contract due to the presence of conflicting terms and conditions of purchase of the Customer which hereby are rejected and shall be of no effect. In the event of any conflict between the Agreement and any other terms and conditions proposed by the Customer, the Agreement shall prevail. The products sold by Boards for Days to Customer are referred to as the "Goods.” The services provided by Boards for Days to Customer are referred to as the "Services.” The Order will explicitly set forth the quantities, prices, and scheduled delivery dates for Goods or Services associated with the Agreement. These Terms, together with the Order shall constitute the complete and final Agreement between Boards for Days and Customer, superseding completely any prior oral or written communications between the Parties. In the event a modification of the Agreement is required due to subsequent changes in circumstance, the specific changes to the Agreement or the provisions related to quantities, delivery arrangements, or other related variables shall be memorialized in the form of a letter agreement representing an amendment to the Order and attached thereto; provided, however, such letter agreement shall be effective and binding upon the written consent of the Parties.
These Terms, together with Boards for Days Privacy Policy, apply to Customer’s access to and use of Boards for Days’ website and the purchase of Goods or Services using the online ordering functions of our website. By ordering Goods or Services from the Boards for Days website, Customer acknowledges having read, understood, and agreeing to be bound by these Terms and the aforementioned Boards for Days Privacy Policy.
2. Prices and Payment
All prices for Goods or Services shall be invoiced and payable in U.S. Dollars. The invoiced amount will be in addition to any charges associated with cancellation of the Agreement, as provided for in Section 5, Cancellation.
3. Delivery
As a part of the delivery process, Customer shall ensure that a representative will be available to accept the Goods or Services during the agreed upon time slot between the Parties, as the Goods are perishable and require refrigeration. If a delivery is attempted, and Boards for Days has contacted the Customer without a response, Board for Days is not responsible for any Goods that are delivered and sit out.
If the Customer is not available to receive the Goods, it will either be left at the location or returned to Boards for Days’ facility. If the Goods are returned to Boards for Days’ facility, the Customer shall not be refunded any and all delivery fees associated with the Order and shall be required to pick up the Goods, at their own expense, from the Boards for Days facility.
Following the delivery or pickup of the Goods, it is the Customer’s sole responsibility to ensure that the Goods are refrigerated and served in a timely manner. Goods should remain refrigerated until about 30 minutes to 1 hour prior to serving.
4. Force Majeure
Boards for Days will not be liable for any loss or damage of Customer resulting from any delay in delivery or failure to give notice of delay when such delay is due to any cause or event beyond Boards for Days’ control, including, without limitation, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, pandemics, epidemics, quarantine restrictions strikes, freight embargoes, unusually severe weather, or acts or omissions of the Customer.
5. Cancellation
Boards for Days permits order cancellations if we receive written notice (written or electronic) from the Customer, at least, seven (7) days prior to the delivery or pickup date for the subject order. Upon timely receipt of order cancellation, the customer shall receive a one hundred percent (100%) credit towards a future order. For orders cancelled within seven (7) days of the delivery or pickup date of the order, the customer shall receive a fifty percent (50%) credit towards a future order. Any other order cancellations shall not be eligible for a refund from Boards for Days. For cancellations please email us at hello@boardsfordays.com or send correspondence to 10 Garden Street Danvers, MA 01923.
6. Food Allergies
Please be aware that Goods may contain or have come in contact with common food allergens including, but not limited to, peanuts, tree nuts, soy, eggs, wheat, fish, shellfish, or dairy products. While Boards for Days take steps to minimize risk and safely handle the Goods that contain potential allergens, please be advised that cross contamination may occur, as factors beyond Boards for Days’ reasonable control may alter the formulations of the Goods served, or manufacturers may change their formulations without our knowledge.
7. Packaging
Boards for Days will endeavor to comply with Customer’s packaging specifications of the Goods and also reserves the right to modify packaging in a manner necessary to comply with applicable law and the delivery location of the Goods.
8. Indemnification
Customer agrees to indemnify, defend and hold harmless Boards for Days and our employees, affiliates, partners, officers, directors, agents, suppliers, subcontractors, harmless from any and all claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of Customer’s breach of these Terms or the documents they incorporated by reference, or Customer’s violation of any law or the rights of a third party.
9. Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH HEREIN OR EXPRESSLY STATED IN THE ORDER, BOARDS FOR DAYS DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER ARISING BY IMPLICATION OR BY OPERATION OF LAW, WITH RESPECT TO THE GOODS AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER. THIS DISCLAIMER SURVIVES THE TERMINATION OF THE AGREEMENT OR THE CANCELLATION OF ANY ORDERS THEREUNDER.
10. Limitation of Liability
Boards for Days, nor our employees, affiliates, partners, officers, directors, agents, suppliers, will, under no circumstances whatsoever, be liable to the Customer in contract, tort (including negligence), breach of statutory duty, or otherwise, for any special, indirect or consequential losses arising out of the Agreement.
To the extent permitted by law, Customer acknowledges that Boards for Days’ maximum aggregate liability to Customer, whether in contract, tort (including negligence), or otherwise, shall in all circumstances be limited to the aggregate value of the invoice issued to the Customer by Boards for Days under the Agreement.
11. Governing Law
These Terms and any separate agreements, including the subject Order, whereby Customer is provided Goods or Services shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts.
12. Nonwaiver
The failure of Boards for Days to enforce these Terms and the Order shall not be construed as a waiver of Boards for Days right to enforce each and every provision set forth. Boards for Days reserves the right to enforce, at any time, these Terms and the Order, and no provision set forth shall be deemed waived unless such waiver is evidenced by an amendment to the Order. Boards for Days’ rights and remedies set forth in the Agreement are in addition to all legal and equitable rights and remedies available to Boards for Days.
13. Severability
In the event that any one or more of the provisions of these Terms should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
14. Terms Subject to Change
Boards for Days reserves the right to make changes to these Terms at any time and shall not provide you with any notice when such changes are made.