Customers at William Tricker, Inc.® are treated with special attention because we are not just a click-n-buy store. We make every effort to inform and educate our customers about their purchase. We do not rush you or pass on typical marketing phrases to get you to hurry up and order order — instead, we want you to take your time to ensure that you are ordering the right outdoor decor for you.
Our company philosophy is to encourage you to think about your purchase before committing to it. We also will work with you during installation and other issues that arise. We are here to help to make your purchase proceed fairly and smoothly. And, if an issue crops up after purchase, we are here to help mediate your warranty claim. We have turned around some denied factory warranty claims because of our outstanding rapport with the excellent factories.
Guaranteed to Grow
Plant warranties are important to our customers. You will receive a “Guaranteed to Grow” warranty for lifeforms. If you order during Preorder Season (Dec – Apr), then the guarantee is valid only if your plant ships according to Tricker’s Safe Shipping Schedule (See “Spring Shipping” tab, below.). If you opt to have your order ship before our Safe Shipping Schedule, then this warranty is void even if you say that it’s for an indoor water garden or a southern region.
We have been successfully shipping quality water garden plants and supplies to the United States and the world. The shipping company may not deliver on time or may mishandle the package containing your order. The most important steps for you to take are standard care procedures for aquatics. Follow this procedure at the time of delivery — as soon as the package arrives at the destination.
- Take photos of both the outer package as well as the contents upon opening.
- Immediately transfer the plants to a container with soil and into your pond. Avoid mulches because the wood floats out of the container to the water’s surface. Clay can be used for some aquatic plants.
Plant Warranty Healthy young vigorous plants will be carefully packaged and sent to you. They are shipped bare root and must be transplanted without delay.
For the guarantee to be honored,
- The plant(s) must be shipped according to Spring Shipping Schedule. If you opt to have the plants shipped outside that timeline for the destination, then this guarantee is null and void.
- The plant must be shipped to the continental U.S.
- During the “Preorder Season” (Nov-Apr), you may order the plants during the winter and cold spring months, and they will be shipped later in spring when the weather allows for safe transit. We quickly run out of popular plants, so it’s a good idea to preorder your water garden plants rather than wait.
- Immediately upon arrival, take a photo of the box and inside plant(s).
- In quality water at the right temperature and pH, plant or float your aquatics that may appear to be damaged. Most aquatics are resilient and will recover. Wait a week for the plant to respond.
- If the plant is still not responsive, then contact us. Include information that can help us assess what happened for the claim with the shipper. Include what you did and include the water temperature and pH, the planting depth, if it was indoors or the amount of sunlight if outdoors, and location in your pond (include a photo). Explain why you think the plant didn’t survive and include an image.
- Your aquatic plant must be planted the day it is received and no later. If you are out of town or the package is set in the sun when it’s delivered and you do not immediately retrieve it, then this warranty is null and void.
- Recommended planting and maintenance must be followed. Plant them in calm waters while they adjust and get strong.
- This guarantee is good for 30 days after receipt and only one time per order.
If any plant fails to grow under our recommended planting and care, then
- Immediately email us within 30 days of receipt with your images. Describe when and how you planted and maintained the plants. You can reply to your order email or shipping email.
- If we determine that you followed our planting instructions, then we will replace it with the same plant free of charge. No refunds and no credit will be made. Only one replacement per plant will be honored.
- Customer pays the replacement shipping charges only once.
If we determine that the wrong or unhealthy plant was sent or the shipper was at fault, then you will receive a replacement. We reserve the right to not grant a refund or credit.
Discounted Plant Collections are defined by the plant species in the collection. If plants in the collections are not named, then the plants will be replaced as our choice.
Bonus plants are added to an order with no added shipping cost. If a replacement Bonus Plant is being claimed under this guarantee, then an email should be sent to us with photos as described above and the plant will be added to the customer’s next plant order unless customer pays the shipping rate. Customer must notify Tricker’s within the 30 days of receipt. A discount code for the next order will be sent to customer. Note: If you send correspondence via email and have not received a response in 2 days, then please call us 1-800-524-3492.
To complete your return, we require a receipt or proof of purchase. You can always reply to the order email you received when you placed the order.
Tricker’s Safe Shipping — Spring Shipping Schedule
With years of experience in plant shipping, Tricker’s is well-versed in the intricacies of the logistics. Our methods of packaging has been enhanced, and we now employ more reliable shippers to ensure the safe delivery of your package. To ensure the survival of your plants, it is crucial that you promptly retrieve your package — leave a note instructing the delivery person not to leave it exposed to direct sunlight.
The safe time to ship generally starts at the end of April for southern regions. However, it depends on the following:
- Growth phase of the plant. Younger plants will be too fragile to ship whereas older ones may be too brittle. So, if the early spring growing season was sunny and warm, then the plants should be strong enough to ship according to our estimated time frame. If the early spring season has a lot of storms, cloud cover, cooler weather, then we wait a bit longer for the plants to get to the right growth phase to ship.
- What the weather will be like during transit, not at the destination. That cannot be determined until it’s closer to shipping time. With a warming planet, we are finding that orders can ship a little sooner than in the past. However, the actual shipping date depends on local weather conditions, such as snow storms, cooler weather, or hurricanes approaching land.
- Destination. The weather in southern states will allow shipping earlier than those farther north because the water gardens have warmed up earlier from their winter. The key is water temperature – water gardens must reach an optimal range for plants to flourish in a vibrant display. We hold off on deliveries farther north until northern water gardens have had time to properly warm after the cooler winter temperatures. This careful timing ensures beautiful, healthy water gardens across all regions, despite geographic and seasonal differences.
Your order invoice will show the estimated ship date as “the week of”. Tricker’s has decades of experience shipping to both northern and southern regions, which helps them to determine the estimated ship week. With over a century of experience growing aquatic plants, Tricker’s can closely approximate the date to ship for you.
Kindly note that the date mentioned on your invoice might be subject to change as we approach the shipping season. As we get closer to the end of April and the beginning of May, we will provide you with an updated shipping week that is more precise and send it to you via email.
Thank you for showing interest in water gardening and Tricker’s. Our goal is to help you create a stunning water garden that surpasses all expectations.
Shipping Policies, Lead Times, Shipping, Freight, Rates
DELIVERY DATES Are Not Guaranteed. The factories and shipping companies are not in our control, and trucks can be delayed. We will provide estimated shipping dates, however, these are just an estimate. Refer to our Terms and Conditions of Sale, below, for more.
Once an item ships, it is your responsibility to track your shipment. Be aware that most shippers like UPS, FedEx, DHL, etc will deliver to the address, not the person. Our policies comply with the shippers’ policies in every respect. William Tricker, Inc. does not in any way extend or modify the shipper’s policies.
Customer agrees that neither William Tricker, Inc. nor the manufacturer are responsible for timelines, especially those set by the customer or the customer’s installers. Do not schedule installers or prepare installation until your order arrives, you inspect it, and all items are in hand.
All freight and cast stone shipments are insured. If there is a problem such as loss or damage, then notify us immediately. Note all damage on the shippers receipt and get a copy for your claim. Keep all packing material until your claim is closed. Detailed, in-focus photos may be required and customer agrees to supply them right away. If you don’t, then your claim can be denied. You agree to allow a representative of the shipper to inspect the original merchandise and packing materials. Keep these on hand if you make a claim otherwise your claim may be denied.
Neither William Tricker, Inc. nor it’s suppliers are responsible for lost or damaged shipments. This is the responsibility of the shipper. Either William Tricker, Inc. or the supplier will file a claim with the shipping company. No refund and no replacement will be made until the claim is approved by the transit company. Customer can offer suggestions, however, either William Tricker, Inc., the manufacturer or shippers will determine the best resolution, not the customer. If the customer refutes the resolution, then the customer is responsible for all costs above the resolution determined by William Tricker, Inc., the manufacturer, or the shipper.
Expected Shipping Schedule.
- All shipping and delivery times are approximate.
- Please don’t confuse “shipping” with “delivery”. “Shipping” is when the order leaves the origin. “Delivery” is when the order arrives at the destination.
- Lead times to ship (production and packaging times) are on the product page.
- If you’re uncertain or need to double-check, please call us. The time to clear checks and receive purchase order payments may add to lead times.
International Destinations. William Tricker, Inc. does not take responsibility to ship items outside of the continental USA. If your item is lost or damaged, neither William Tricker, Inc. nor the supplier is responsible. Where available, the shipment will be insured. For some freight shipments, we’ll ship to a US port of entry/exit, and the customer is responsible for shipping into their country from there. Other responsibilities held by the customer include contracting the customs broker or an exporter to take care of your freight for international destinations. Contact us to determine whether we can ship your item outside the Continental USA.
Duties, customs, country taxes, brokerage fees, other international costs. The recipient is responsible for duties, customs fees, taxes, and other costs from international shipments. Contact your country’s customs department to determine your final costs. Upon delivery, the recipient may have to pay duties and other customs fees. William Tricker, Inc. is not legally responsible for and do not pay these fees.
Freight Shipping Rates Merchandise is shipped from different locations from different warehouses with different shipping policies, transit companies, and rates. That is why, at checkout, you may encounter a shipping rate for each item. If you believe the shipping was overestimated, please contact us to request a shipping quotation. Because the freight quotation is made weeks before the merchandise is shipped, we reserve the right to charge customer the correct rate, especially if prices substantially increase.
Free Shipping or Shipping Included? Where shipping is included with selected items, the shipping method will be our method of choice only to the Contiguous United States (“lower 48”). The customer will pay the additional cost for rush, expedited, overnight orders, and shipments outside the contiguous USA.
With rapidly fluctuating fuel costs, our prices can change, even after you place your order. Customer recognizes that this is beyond our control but additional charge we must pay. If this is the case, then the customer agrees to pay the increased rate.
Types of Shipping: Common Courier & Freight. There are two types of shippers, common courier and freight. “Common couriers” include UPS, FedEx, USPS. They transport the lighter and smaller items less than about 80 lbs and less than 10-ft long. There are other restrictions such as fragility that might prohibit your order to ship via common courier.
If your order can’t go via common courier, it’ll ship via “freight”. Heavy and/or large items are shipped by freight (e.g., an 18-wheeler may deliver your merchandise.). The larger, heavier (over approx 80-100 lbs), or modestly large or heavy fragile items under 100 lbs might arrive by semi truck or a service other than common courier. The freight company might delivery your order in a semi-truck or might transfer your order to a small truck. The customer is responsible for arranging delivery.
“Lift-gate curbside” delivery is the standard service where the your merchandise is removed from the truck and placed them behind the truck – on the ground. For large items such as the 1-piece concrete pool, the driver will need your assistance. Ensure to have extra help available.
If the truck cannot fit into your driveway, your crate/s will be placed at the back of the truck. The driver is not obligated to further move the crate(s). Some carry pallet jacks and some don’t. If they do, then they may move the crate as a courtesy to you.
If you require more than curbside service, please contact us for a “White Glove Service Estimate” (available for the wrought-iron merchandise, unavailable for cast-stone concrete items) where the merchandise is set in location, unpackaged, and the packing debris hauled away for you. White Glove is not available for all products. Call us.
If you live where semi trucks cannot travel (e.g., narrow and winding roads or gated communities), inform us of this so that your quotation will cover the proper delivery service. If you do not request this and an extra shipping cost is incurred, customer is responsible for the added cost.
Signature of receipt is required for all freight shipments. Ensure to inspect your shipment and if you notice any damage even to packing material, then get documentation signed by the driver listing the damage. If you don’t get documentation of damage, your claim may not be approved. We recommend to add “Subject to Inspection” to the receipt and get a copy.
Levels of Freight Delivery Service.
Commercial Delivery. Shipped to commercial zones (not residential areas) and client is responsible for unloading from the truck. Some drivers may help but are not obligated. The truck does not travel into residential areas.
Residential Delivery. Truck will travel into residential areas. Crate will be unloaded from the truck and placed at the end of your driveway for you (see above under “lift-gate curbside” service). Sometimes the truck can make it into a driveway, but we make to guarantee that is the case for all destinations. This is the level of service provided when items are shipped free.
If you’re in a gated community that disallows certain trucks, additional fees will apply to transfer the goods to an appropriate truck.
White Glove Service comes in different levels depending on what you require. Not all items can ship via White Glove. Generally, the freight company will blanket ship to a third party who transports your order to you. This service may include uncrating, hauling away the packing materials, moving the items to your desired location inside or outside. The cost of this service depends on what lever you chose, how far from the truck your items must be moved (e.g., down a dirt or stone path, up several flights of stairs, etc.). We don’t offer installation services such as for fountains. Contact us for details.
Order Can’t Be Delivered or is Refused? We are not responsible for charges when (1) the customer gives a wrong address, (2) the recipient is not home for all delivery attempts, or (3) recipient refuses shipment. If the shipper returns the item to us or our supplier after 2 or 3 delivery attempts, depending on the shipper’s policies, for any reason, the customer will be charged for actual shipping and handling both ways as well as a restocking fee. We will redeliver the order at the customer’s request after the customer pays the additional shipping and handling charges.
Exchange & Return Policy
Custom-Made Merchandise. Personalized, made-to-order, special orders, or other custom-made or custom-assembled items such as spray rings, cast stone items, some artifical plants, etc. are not returnable, not refundable, and not cancelable. Ensure that you are ordering the correct item and it will fit your space and design. We have specialists available to help you decide on the right item for your application — please use them.
Full-Price Exchange or Return. All merchandise is inspected for damage before it ships. Replacements or returns for full price are granted only if the merchandise has a manufacturer defect or the wrong item was shipped. William Tricker, Inc. must be notified within 24 hours of receiving the item in order for a full-price return to be considered. William Tricker, Inc. and/or the supplier will decide whether an item will be replaced, repaired or refunded, and customer agrees to ept their decision. If an item is defected and can be repaired, William Tricker, Inc. or its supplier reserves the right to repair the item or send a repair kit, and the customer agrees to be responsible for performing the repair in lieu of returning the item. Customer will be provided with repair instructions.
General. No returns or refunds are granted because the item color does not exactly match the color on the monitor or when you print it. Customer has the option to receive a color sample for most merchandise. If you don’t order a sample and the color isn’t as you expect, then we cannot ept complaints about the color. For color-finished cast stone products, neither William Tricker, Inc. nor the factory will ept objections to the final product color if you don’t request samples before ordering your merchandise. No refund or credit will be made if customer alters the product in any manner. If product is altered, customer must receive and follow the recommendation of the factory. No reimbursement will be made for any work or alteration done to a product without prior authorization before the work is started. No reimbursement will be made for late deliveries, installation, repairs or alterations. Returns or refunds are not authorized because an item differs by 10% or less in either dimension unless the customer pays actual shipping both ways and any restocking fees. Nor will returns or refunds be made for mistakes on the customer’s part, such as entering the wrong address numbers for personalized address markers or having personnel on site if a delivery is delayed.
Check your receipt carefully immediately after ordering. Notify us within 24 hours of delivery if there is a problem with the product to be considered for a full-price return.
Other Exchange or Return. Returns for a selected items can be granted if the customer simply doesn’t want the item. Custom merchandise described above are not included. The return must be requested within 1 week of receiving the merchandise, no exceptions. Customer is responsible for actual shipping both ways even if the item price included shipping or your invoice shows differently. Restocking policies and fees may apply when imposed by the supplier.
*** All returns must be approved by us before you return the item. ***
- A claim must be filed in writing (email or fax) within 2 business days of receipt of the item, and you must receive a reply within a day otherwise the claim can be considered as not received.
- The claim must include the reason that you are requesting to return the item, your phone number, the order number, the item, and a valid email address. If the item is damaged, a photograph will work to your benefit.
- William Tricker, Inc. and it’s supplier will determine who pays shipping and whether restocking fees apply. You will be notified where to return the item, which may not be the originator. Unless otherwise specified, the customer is responsible for actual shipping charges both ways.
- William Tricker, Inc. passes onto the customer the return policy of the supplier/manufacturer. That is, the customer will pay all costs associated with returns if the manufacturer charges restocking fees and won’t pay shipping.
- Returns must be packaged in the original containers and in new, unused, and resellable condition. If the item was damaged during shipment to you, then you’ll need to supply proper documentation within days of receipt. We recommend to write on your receipt, “Subject to Inspection” and get a copy signed by the driver. For freight shipments, have a camera available during delivery just in case. William Tricker, Inc. is not responsible for delayed, damaged, or lost shipments.
- No refund will be made until the item is received and inspected by the supplier and any claim filed with the shipper is approved by the shipper.
We respect your privacy and disclose no personal information to other companies (shippers and manufacturers of course need your address and contact information). Your identity is treated as if your were to enter a retail store; we don’t even know what you look like! We do not collect payment information for free quotations.
The checkout and account dashboard are securely encrypted with 128-bit encryption used by the banking industry. This type of encryption is so secure that the encryption program not allowed to be exported to unfriendly countries. This website is routinely audited for security against new hacking technologies and updated to prevent these attacks.
Cookies are used only to keep track of your shopping cart, checkout, and account login status. Links to the social websites are only links and do not add a cookie about you while on the William Tricker, Inc. websites. William Tricker, Inc. does not allow third party marketing agencies or social sites to track your activities for their benefit. We do not share or sell your information with third parties. The cookies expire when you close your browser unless you opted for the “Remember Me” selection. We do not track your visits to other websites.
We loathe spam, too. The only email you will receive is regarding your order or inquiry or if you opted in to receive our newsletter about product news, special offers, design concepts and ideas. We promise.
Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PROCEEDING THROUGH CHECKOUT MEANS THAT YOU AGREE TO THESE TERMS OF SALE.
THESE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND WILLIAM TRICKER, INC. (“TRICKER’S”). THIS AGREEMENT SHALL GOVERN YOUR PURCHASES OF PRODUCTS AND/OR SERVICES FROM TRICKER’S EITHER THROUGH TRICKER’S WEBSITE OR BY YOUR SUBMISSION OF AN ORDER VIA PHONE, FACSIMILE, EDI, MAIL OR OTHER MEANS. THESE TERMS AND CONDITIONS PREVAIL OVER ANY AND ALL TERMS IN QUOTES OR OTHER CONTRACTS.
1. Payment terms are due on the date of William Tricker Inc.’s invoice, and for foreign shipments, William Tricker, Inc. may require full or partial payment in advance.
Upon your failure to submit full or partial payment or other required documentation such as a signed credit card receipt or signed copy of these terms, William Tricker, Inc. may cancel or delay any or all orders hereunder and/or adjust prices to match those in effect at the time delayed shipment is made.
Amounts past due are subject to a service charge equal to the lesser of 1.5% per month or the maximum rate permitted by law. Customer realizes that errors can be made such as in totaling estimates, quotes and orders or programming errors can be made. Customer will be given a chance to ept the correction before the order is fulfilled.
2. Any consumption, excise, sales, value added or other tax or import duty which may be applicable to the transactions conducted under this Agreement shall be invoiced to you as a separate item. In addition, the shipping costs pre-billed on your order or quote are only estimates. If the actual freight cost increases beyond what was used to determine the total cost of an order, whether or not shipping was part of a package deal in a quote or what the website calculates, the customer will pay the difference in freight costs. The actual shipping costs shall be passed on to you as either a credit or an additional charge.
3. Products shall be shipped via method as determined by William Tricker, Inc.. Title to, and risk of loss or damage to, the products shall pass to you upon William Tricker, Inc.’s delivery of the products to your location. William Tricker, Inc. reserves the right to use its own discretion in the manner and routing of shipments.
If you opt to pick up your order, then you are responsible for damage or any other mishaps as soon as your order is in your possession. If you opt to pick up your order and you don’t pick it up within a reasonable time after your order is ready, then your order will be shipped to you and you are responsible for shipping costs.
If a freight item arrives damaged or is missing, then you must forward both documentation signed by the trucker noting such damage or missing items and, where applicable, detailed photos of the damage to William Tricker, Inc. for insurance purposes. Without signed documentation and photos, there is no guarantee that the product will be replaced at no cost to you. Customer will be responsible for disposing of goods if the supplier does not want it returned.
Once an order ships, it cannot be canceled or delivery refused.
4. You may only return products in ordance with William Tricker, Inc.’s standard Return Policy in effect on the date of the return. If you fail to follow William Tricker, Inc.’s Return Policy, William Tricker, Inc. is not responsible whatsoever for any returned product that is lost, damaged, modified or otherwise processed for disposal or resale. You must contact William Tricker, Inc. before attempting to return a product. If customer returns merchandise without authorization, William Tricker, Inc. reserves the right to not refund the order. You must return the product in its original or equivalent packaging. You are responsible for all risk of loss and shipping and handling fees for returned products. William Tricker, Inc. may, in its sole discretion, charge additional restocking fees and/or issue credit for partial returns less than invoice or individual component prices due to bundled or promotional pricing. The minimum restocking fees are those imposed by William Tricker, Inc.’s vendor. William Tricker, Inc. reserves the right to charge a higher restocking fee than the vendor. Custom items and items made per your order are not refundable and cannot be returned. Once an order is placed, William Tricker, Inc.’s return policies are in effect.
5. All lead times and delivery dates indicated on William Tricker, Inc.’s documents are approximate and are based upon the prompt receipt of all necessary information and payment from you regarding products ordered. William Tricker, Inc. will use commercially reasonable efforts to meet the indicated delivery dates but shall not be liable for any breach of contract or held responsible for any costs or expenses incurred by you as a result of William Tricker, Inc.’s failure to do so. In the event of any delivery delay caused by you, William Tricker, Inc. will store and handle for a reasonable time all products ordered at your risk and will invoice you for the purchase price plus storage, insurance and handling charges incurred on or after the date on which the products are ready for delivery. If the item cannot be delivered within a week or after three delivery attempts, then William Tricker, Inc. will re-route the product back to William Tricker, Inc. or its vendor. You will be responsible for all shipping and storage costs.
6. Product Suitability, Liability, Indemnity
Suitability. Determination of the suitability of seller’s product for the uses and applications contemplated by the Buyer are the sole responsibility of the buyer. Buyer assumes all risk and liability for the use or application of Seller’s products, whether used singly or in combination with other products.
Liability. Buyer’s exclusive remedy shall be made and no claim of any kind, whether based on contract, breach or warranty, negligence or otherwise, shall be greater in amount than the purchase price of the product in respect of which damages are claimed. Seller shall not be liable for any special, punitive, incidental or consequential damages.
Local Government Codes. Consumer is responsible for obtaining proper building and other permits as required by law for products that require permits. Professional installation of some products is required, such as products wired directly into an existing circuit or heavy or large products requiring heavy equipment.
Indemnity Agreement. Buyer shall defend indemnity and hold Seller harmless from and against all claims, liabilities, costs, and expenses including, but not limited to those related to injury to or death of Buyer’s associates arising from or connected with the possession, handling, processing or use of the product by Buyer or others.
7. Until such time as William Tricker, Inc. is fully paid for products shipped, William Tricker, Inc. reserves, and you hereby grant to William Tricker, Inc., a purchase money security interest in the products listed in the order confirmation in the amount of their purchase price plus all attorneys’ fees and costs of collection. A copy of the order confirmation may be filed on William Tricker, Inc.’s behalf with appropriate state authorities at any time as a financing statement in order to perfect William Tricker, Inc.’s security interest. You will provide William Tricker, Inc. with reasonable assistance in perfecting its security interest. William Tricker, Inc. shall have all rights and remedies of a secured party under the applicable provisions of the Uniform Commercial Code.
8. You shall reimburse William Tricker, Inc. for all attorneys’ fees, court costs and other expenses incurred by William Tricker, Inc. to enforce this Agreement.
9. William Tricker, Inc. warrants products sold by William Tricker, Inc. insofar as warranted by the manufacturer, if any. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TRICKER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED. ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. TRICKER DOES NOT ACCEPT ANY LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL TRICKER’S LIABILITY FOR ANY CLAIM WHATSOEVER EXCEED THE COST OF THE PRODUCTS AND/OR SERVICES GIVING RISE TO THE CLAIM, WHETHER BASED IN CONTRACT, WARRANTY, INDEMNITY OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. IN NO EVENT SHALL TRICKER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS OR OPPORTUNITIES), HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, WHETHER OR NOT TRICKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Except for your payment of the purchase price or additional fees for shipping and as described in Paragraph 2., above, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party’s control.
11. Should any provision of this Agreement be declared by any court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby, it being the intent of the parties that they would have executed the remaining portion without including any such part or portion which for any reason was declared invalid.
12. This Agreement shall be governed by and construed in ordnance with the laws of the State of Ohio, excluding its conflict of laws provisions and excluding the United Nations Convention on the International Sale of Goods. The parties hereby submit to the exclusive jurisdiction and venue of the state courts situate in Cuyahoga County, Ohio.
13. The Policies and other information on this page are included in the Terms and Conditions of Sale to which buyer agrees. William Tricker, Inc. reserves the right to change the terms and conditions at anytime without notice.
14. You and William Tricker, Inc. agree that this Agreement constitutes the complete and exclusive agreement regarding the subject matter of your order and supersedes any prior communications, representations or agreements of the parties and cannot be altered, amended, or modified except in writing executed by an authorized representative of each party.