May Terms & Conditions

HOW TO ORDER - May Advertising International, Ltd. (MAY):

HOW TO ORDER - The MAXX Group (MAXX):

PAYMENT:
Payment must be made by check, money order, cashier's check, wire transfer ($35.00 additional fee), Visa, MasterCard, American Express, Discover/Novus, net 30 days with approved credit or C.O.D. under $250.00, payable in U.S. currency. Credit card payments must include name on card (printed), card number, three or four digit verification code and expiration date. Verbal orders exceeding $500.00 or first use of a credit card will require faxed signature confirmation for approval to process order(s). Payment by credit card is limited to maximum of $5,000.00 per order. Payment for a sale based upon approved credit account is due in full within 30 days from date of MAY'S/MAXX'S invoice for the sale. All past due accounts shall bear interest at highest rate allowed by law from date due until paid. If a net 30 account balance is subsequently paid by credit card after due date, a five percent (5%) service charge plus applicable interest will be assessed. Accounts not approved for 30 day payment terms must be paid in full prior to shipment; custom orders require a fifty percent (50%) deposit when order is placed. Any order not in controversy shall be paid regardless of any controversies relating to other orders. Returned checks will be subject to a $25.00 fee. Purchaser and any guarantors or other persons responsible for Purchaser's obligations shall pay all attorney's fees, court costs and other expenses incurred by MAY/MAXX if payment is not made when due, or if MAY/MAXX has any other cause of action of any nature against Purchaser or any guarantors or other persons responsible for Purchaser's obligations, whether based in contract, tort, statute or otherwise.

PRICES:
Purchaser should call to confirm current prices or check on-line catalog, as all prices are subject to change without notice. Prices stated do not include any taxes, handling or shipping charges that may apply. A $5.00 handling charge will be added to any order less than $30.00 (MAY ONLY). A rush charge will be assessed for expedited shipments; contact MAY/MAXX for applicable charge. MAY/MAXX will be pleased to submit quotations to firms having large volume signage requirements, including contract purchases, warehousing, large quantity stock orders or custom signage. Any changes after artwork, samples, designs or specifications have been approved by Purchaser will be at Purchaser's expense.

SHIPPING INFORMATION:
Purchaser will pay all shipping charges. Standard shipping charges include shipping, handling, applicable residential charges and insured delivery. Shipment may be C.O.D. if charges are less than $250.00, shipped via UPS (not common carrier) and goods are not custom or drop shipped from another warehouse. UPS charges an additional $7.50 per box for C.O.D. shipments. A $5.00 fee per box will be charged to Purchaser for any UPS rerouting due to incorrect address, zip code, company name or address misspelling. If no specific shipping instructions are given by Purchaser, MAY/MAXX selects carrier it believes to have best service and price to Purchaser's area. Delivery shall be F.O.B. Seller's place of business, Fort Worth, Texas, or Seller's selected supplier. Goods will be shipped in a single shipment if possible. Each shipment will be invoiced separately and payment will be due according to terms for each invoice, without regard to completion of purchase order. For custom orders, MAY/MAXX reserves the right to invoice upon completion of production while awaiting delivery instructions. Thus, freight charges will be sent on a separate invoice. Purchaser assumes all risk of loss or damage during delivery.

FREIGHT LOSS OR DAMAGE:
Lost or damaged merchandise is the responsibility of carrier. Upon arrival of shipment, carefully inspect it for ANY kind of damage BEFORE signing for delivery. If shipment is damaged, note “Refused due to damage” on delivery receipt or with UPS before driver leaves and contact MAY/MAXX IMMEDIATELY. Please refuse only merchandise that is damaged and keep undamaged merchandise. If shipment is damaged and not noted at time of delivery, MAY/MAXX WILL BE LIMITED in assistance that can be provided. Original packaging must be saved for inspection. MAY/MAXX will be able to repair or replace merchandise at Purchaser's expense (including freight cost to return to MAY/MAXX and back to Purchaser). Purchaser will be responsible for filing claim with carrier on shipments that are not noted “damaged.” If shipment is returned to Seller without Purchaser first contacting carrier for inspection, NO CLAIM can be filed.

SHORTAGES:
Purchaser should verify quantity of cartons delivered with quantity on Delivery Receipt. If there is a difference, it should be noted on Delivery Receipt at time of delivery and MAY/MAXX must be notified immediately to place a tracer on shipment. If quantity of pieces on order is short, check each box carefully as there may be multiple items in box. If quantity is still short, contact MAY/MAXX to determine corrective action needed.

DELAY OR NON-DELIVERY:
MAY/MAXX strives to communicate accurate production times to its customers at the time orders are placed, however they are merely estimates. A variety of circumstances may cause production times to vary. If a firm due date is required, customer must notify sales representative at time order is placed. Any delay or non-delivery of goods or services to be provided by MAY/MAXX, in whole or in part, shall be excused if performance as agreed has been made impractical by either (a) occurrence of a contingency, nonoccurrence of which was a basic assumption on which agreement to provide goods or services was made, or (b) by compliance in good faith with any applicable government law, regulation or order, whether or not it later proves to be invalid. MAY/MAXX shall notify Purchaser within a reasonable time of a material or indefinite delay or a non-delivery. In such event, Purchaser shall have option upon written notification to MAY/MAXX to (a) terminate contract and thereby discharge any unexecuted portion of contract, or (b) agree to any proposal of MAY/MAXX in this regard. If Purchaser fails to notify MAY/MAXX of its preference within 30 days after receiving notice of delay or non-delivery, contract shall terminate.

RETURNS:
Purchaser must contact MAY/MAXX to obtain authorization and shipping instructions for all returns. Items altered in any way are not returnable. A 20% restocking fee plus freight charges will apply to goods returned. In addition, Purchaser will remain responsible for original freight charges. To obtain credit for authorized returns, all items must be properly packed and should be returned in original packaging. All items must be returned to MAY/MAXX in good condition within 30 days of original delivery to Purchaser. No credit shall be given on any merchandise after 30 days of original delivery. Unauthorized returns will not be accepted. Custom merchandise is nonrefundable. MAY/MAXX will pay freight only for return of defective, nonconforming or goods shipped incorrectly by MAY/MAXX and will provide one call tag to do so. Returns must be received within 2 weeks from time call tag is provided to be eligible for credit. If merchandise has not been returned within 2 weeks, PURCHASER must return merchandise at its own expense to receive any credit.

LIMITED WARRANTIES, CLAIMS AND REMEDIES:
MAY/MAXX warrants that all goods will, at time of delivery, conform to Purchaser's specifications to the extent such specifications have been provided to and agreed upon by MAY/MAXX, and will be of good quality and workmanship, within normal tolerances. All warranties made by MAY/MAXX are made solely to and for sole benefit of named Purchaser, and no other party shall have any standing as third party beneficiary or otherwise under such warranties, whether as assignee, employee, customer, visitor of Purchaser or otherwise.
MAY/MAXX must be notified in writing of all claims of defect or nonconformity immediately upon delivery of goods. MAY/MAXX must be allowed to inspect, test, sample or otherwise investigate claim upon request, as a condition of any claim asserted by Purchaser. All claims not presented timely, or with respect to which MAY/MAXX is denied its right of inspection, shall be deemed to have been waived and forfeited by Purchaser. This limited warranty gives Purchaser specific legal rights which may vary from state to state. Some states do not allow exclusion or limitation of warranties or incidental or consequential damages, so above exclusions or limitations may not apply.

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MAY/MAXX makes no other warranties, expressed or implied, including but not limited to warranties of merchantability or fitness for purpose. Warranty is void if serial numbers or labels have been altered or removed. Neither MAY/MAXX nor any affiliated persons or entities shall be liable to Purchaser under any claim of Purchaser, whether based in contract, tort, statute or otherwise, beyond price paid by Purchaser to MAY/MAXX for goods or services or portion of goods or services involved. Purchaser's sole and exclusive remedy for any claim of any nature against MAY/MAXX or any affiliated persons or entities shall be return of goods upon which claim is based and either (a) repayment by MAY/MAXX of price paid by Purchaser to MAY/MAXX for goods or services involved, or (b) repair or replacement of goods or services by or for MAY/MAXX at its expense, as elected by MAY/MAXX. In no event shall MAY/MAXX or any affiliated persons or entities be liable for any incidental or consequential damages.

APPLICABLE LAW AND FORUM FOR DISPUTES:
Purchaser and MAY/MAXX agree that this agreement is to be performed in Tarrant County, Texas; that Texas law shall apply to all claims or disputes between parties of any nature, whether such claims or disputes are based on contract, tort, statute or any other law or legal theory, and regardless of whether conflict of law rules of Texas or any other state would otherwise provide for application of the law of another state; and that any suit, arbitration, mediation or any other proceedings involving all claims or disputes shall be filed and conducted only in Tarrant County, Texas, whether such claims are based on contract, tort, statute or any other law or legal theory, and whether such claims involve only parties hereto or also or instead involve any related owners, officers, employees, guarantors or other parties, such other parties being third party beneficiaries for these purposes only. MAY/MAXX, at its election, may file any such proceedings in state and county where Purchaser or any Guarantor or other person or entity responsible for Purchaser's obligations has any place of business or other assets, or where Purchaser or any Guarantor or other person or entity responsible for Purchaser's obligations resides.

ASSIGNMENT BY PURCHASER:
Except where otherwise provided herein, any Assignee of Purchaser shall be subject to Terms and Conditions stated herein; provided that any Assignee wishing to purchase pursuant to a credit account must sign a new Credit Application and Agreement, and Assignee's Credit Application must be specifically approved by MAY/MAXX. Any Purchaser assigning any of its rights or purporting to delegate any of its duties under this agreement shall remain liable to MAY/MAXX under terms of this agreement for liabilities incurred by Purchaser or its Assignee, unless otherwise specifically agreed by MAY/MAXX in writing and signed by an officer of MAY/MAXX.

INDEMNITY FOR INFRINGEMENT:
If Purchaser furnishes specified language or designs for signage, Purchaser agrees to defend and indemnify MAY/MAXX against any claim of infringement under any copyright, trademark or any other law arising out of MAY'S/MAXX'S compliance with Purchaser's specifications, even if claim is based in whole or in part upon negligence or other fault of MAY/MAXX.

PURCHASER'S AGREEMENT TO TERMS AS CONDITION TO ANY CONTRACT:
Any offers or acceptance of offers for sales by MAY/MAXX are conditioned on Purchaser's agreement to Terms and Conditions stated herein and any other Terms and Conditions stated by MAY/MAXX in any Credit Application or Agreement, Purchase Order or other document provided by MAY/MAXX. No inconsistent or additional terms or conditions shall apply unless MAY/MAXX expressly and clearly agrees to inconsistent or additional terms or conditions in writing and such agreement is signed by an officer of MAY/MAXX. If Purchaser does not sign an agreement accepting Terms and Conditions stated herein, or if Purchaser proposes inconsistent or additional terms or conditions, and goods are nevertheless sold or delivered to Purchaser, Purchaser shall be deemed to have consented and agreed to Terms and Conditions of MAY/MAXX, and rights of parties shall be governed exclusively by such Terms and Conditions unless MAY/MAXX has agreed otherwise in writing, signed by an officer of MAY/MAXX. No modification, waiver or rescission of Terms and Conditions stated by MAY/MAXX shall be effective unless in writing and signed by an officer of MAY/MAXX.

Distribution of our licensed products is allowed only into the territories permitted by license agreements. For authorized territories, contact Customer Care.

NASCAR® is a registered trademark of The National Association for Stock Car Auto Racing, Inc.

“Tony Stewart®”, “#20®”, and “The Home Depot®” licensed under authority of Joe Gibbs Racing, Huntersville, NC.

© 2006 HGL, LLC The name, likeness and signature of Jeff Gordon and the likeness of the #24 DuPont Chevrolet are used under license granted by HGL, LLC.

© 2006 HGL, LLC The name likeness and signature of Jimmie Johnson and the likeness of the #48 Lowe's Chevrolet are used under license granted by HGL, LLC.

The yellow/black color scheme is a trademark for DeWALT ® Power Tools and Accessories. Matt Kenseth's and Mark Martin's name and / or likeness used by authority of Roush Racing, Livonia, MI.

© Copyright 2006 May Advertising International, LTD.
All rights reserved.
No part of this catalog covered by copyright may be reproduced
in any form or by any means without written permission.

Date: ___________________________________

Printed Name: _______________________________________________________

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