TERMS AND CONDITIONS
The following words shall have the following meanings:
"Buyer" means the organization or person who buys Goods
"Goods" means the real-estate courses and supporting materials, if any, to be supplied to the Buyer by the Seller either in electronic form or in hard copy (hard copy upon written request only);
"Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
"Seller" means Matrix School of Real Estate (Renton, Washington)
These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions for the sale of Goods, relied on by the Buyer at any stage in the dealings between the parties, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Price and Payment The price shall be the Recommended Retail Price less agreed discount, unless otherwise agreed in writing between the parties.
Credit terms may be offered subject to satisfactory credit vetting of the Buyer by the Seller. The offer of credit will be at the sole discretion of the Seller.
The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 12 per cent per annum above the base rate.
If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:require payment in advance of delivery in relation to any Goods not previously delivered;refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Where a sample of the Goods is shown, the parties hereto accept that such a sample is representative in nature only and does not represent the entire package of course materials.
Unless otherwise agreed in writing, delivery of the Goods shall take place via the Matrix School of Real Estate website or, if ordering a hard copy, at the address specified by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement or refund.
RETURN OF UNUSED GOODS All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods, unless otherwise agreed in writing. Any returns must be authorized by a representative of the Seller before any credit will be given.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller. All course materials offered by Matrix Real Estate School are copyrighted by Matrix or its licensed content providers. No part of Matrix’s course content may be reproduced, retransmitted, distributed, sold, published, broadcasted or circulated, without the express written consent of Matrix. Course content shipped in paper book formats or received electronically via the Internet may be displayed or printed for Buyer’s personal, non-commercial use only. Purchase of a course includes a license for one person to use the course materials for a period of 12 months from the date of shipment or activation unless otherwise stated. It is not permissible to distribute files containing course materials or printed versions of course materials to individuals who have not purchased the course(s) without express written consent from Matrix. It is also not permissible to make the course materials available to others over a computer network, Intranet, Internet, or any other storage, transmittal, or retrieval system.
RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Washington State and the parties hereby submit to the exclusive jurisdiction of King County Superior Court.