Buyer must notify Seller within 24 hrs upon receipt of any product, which is defective or does not conform the terms of the order. After such time the Buyer shall be deemed to have accepted the product and Seller shall have no obligation to accept return/credit. For export of caviar Shipper must obtain CITES Certificate from US Fish & Wildlife Office.
Buyer shall immediately inspect the product upon its delivery and promptly notify Marky's, if any product is defective or does not conform with the terms of the order. If Buyer does not notify Marky's within 24 hours of receipt of the product that any portion is defective or does not conform with the terms of this order. Buyer shall be deemed to have accepted the product and Marky's shall have no obligation to accept a return of the product. Upon notification from Buyer that some or all of the product is defective or does not conform with the terms of this order, Marky's shall have the option, in its sole discretion, of replacing such product or providing Buyer with a credit for such product.
This agreement and the terms and conditions hereof shall constitute the entire agreement between Marky's and Buyer. No term or provision of this agreement may be amended, waived, discharged or terminated orally, but only by an instrument in writing signed by all parties, except as otherwise expressly provided herein.
No course of dealing and no delay on the part of Marky's in exercising any right, power, or remedy conferred by this agreement shall operate as a waiver thereof or otherwise prejudice Marky's' rights, powers and remedies. No single partial exercise by Marky's of any rights, powers or remedies conferred by this agreement shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy by Marky's.
Unless otherwise specified on the face hereof, payment is due, at Marky's' option, upon delivery of the product or 30 days from the date of delivery, subject to Marky's' approval of buyer's credit. Marky's may at any time change credit or payment terms or require payment in advance. If, in the judgment of Marky's, the financial condition of Buyer at any time does not justify continuing any terms of payment, Marky's may require full or partial payment in advance. Interest will be charged at the rate of 1-1/2% per month, or the highest rate permitted by applicable law, whichever is less, on accounts past due and such interest will accrue retroactively to the date of delivery. Notwithstanding the above, at its option, Marky's may require Buyer to make payment by irrevocable letter of credit, and may defer shipment or cancel any order if Buyer does not promptly provide such letter of credit. Any such letter of credit shall be issued for Marky's' benefit by a prime U.S. bank, shall be subject to and governed by the Uniform Customs and Practice for Documentary Credits (ICC Publication 400 latest revision), shall provide for payment against Marky's' invoice, and shall be in form and substance satisfactory to Marky's.
All delivery dates are approximate. Marky's shall not be liable for any damage as a result of any delay or failure to deliver for any reason including, but not limited to, problems with suppliers, any act of God, act of Buyer, embargo or other governmental act, regulation or request, fire, flood, accident, sabotage, strike, slowdown or other labor difficulties, war, riot, delay in transportation, or defaults of common carriers. In the event of any such delay, the date of delivery shall be extended for a period of time equal to the time lost because of delay. Buyer's exclusive remedy for Marky's' inability to deliver for nay reason shall be rescission of this agreement, which Buyer may only exercise before Marky's has delivered the product to a carrier at any point of shipment.
For any breach of this agreement by Marky's, Marky's shall not be subject to and disclaims any liability for consequential, incidental and contingent damages whatsoever. Without limiting the generality of the foregoing, Marky's specifically disclaims any liability for penalties (including administrative penalties), special or punitive damages for lost profits or business, revenues or goodwill or for any other damage for economic loss.
This agreement and all rights hereunder shall be construed in accordance with and governed by the laws of the State of Florida (without regard to any rules or principles of conflicts of laws that might look to any jurisdiction outside of the State of Florida). The parties irrevocably submit to the jurisdiction of any Federal or state court located in Miami-Dade County, Florida, and each party irrevocably agrees that any action may be heard and determined in such Federal or state court. The parties further irrevocably waive to the fullest extent that each may effectively do so, the defense of an inconvenient forum to the maintenance of any action in Miami-Dade County, Florida.
In the event of any dispute arising out of or relating to this transaction (whether suit be brought or not), the unsuccessful party in such dispute shall pay to the successful party all costs and expenses incurred by the successful party, including, without limitation, reasonable attorney's fees, including costs and attorney.

Important!

Please inspect arrived package and products as soon as they arrive to your door!

If your package has arrived damaged or tampered with, please contact the carrier (UPS or FedEx) and our Customer Service Department. Any delay in contacting the carrier and our Customer Service Department makes it more difficult to file a claim. Please keep ALL packaging and items EXACTLY AS THEY ARRIVED.

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Shipping & Handling Policy

1. The shipping and handling charges listed below apply only to orders within the Continental United States. For shipping to Alaska, Hawaii, US Territories and for International orders, please contact our Customer Service at 1-800-522-8427.

2. Perishable Items are marked on our website with an asterisk (*). They are shipped via FedEx Priority Overnight.

Perishable Items S&H Fees

Net Weight Up to 1 lb.
Florida	$18.00
Other States	$24.00
Each additional lb. of gross weight	Add $2.00

3. Non-perishable Items are shipped via UPS Ground delivery service (3 - 7 days).

Non-perishable Items Shipping Fees

Net Weight Up to 1 lb.
Florida	$6.75
Other States	$9.75
Each additional lb. of gross weight	Add $1.00

4. Combining perishable and non-perishable items: If you decide to combine perishable and non-perishable items from your order in one shipment, the entire order will be classified as perishable. Please refer to the Perishable Items Shipping Charge chart to calculate the shipping fees.

5. Order deadlines: Orders will arrive next day if placed before 2:30 PM EST Monday through Thursday. Orders placed Thursday after 2:30 PM EST will arrive on the following Tuesday. Saturday deliveries are available for the extra charge of $10.00 for perishable shipments only and must be placed by Friday 2:30 PM EST.

6. Products freshness: Due to possible delays in the transportation process, part of the product may be frozen to preserve freshness. Some product has been subjected to thermal treatment to preserve it's freshness and taste.
We ask that you (or someone else) are available at the delivery address to sign for the package and refrigerate perishable items upon delivery as soon as possible. In case you choose to leave the package at your door Marky's Caviar will not take responsibility if perishable items spoil. To feel the genuine flavor and real freshness of fine gourmet products, please make the essential preparations in advance.

Return & Credit Policy | Legal Notice