Salmon Roe, American,
| Last updated
March 4, 2012
Return & Credit Policy
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.
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.
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.
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.
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.
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.
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.
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
inspect arrived package and products as soon as they arrive
to your door!
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
& Handling Policy
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.
Perishable Items are marked on our website with an asterisk
They are shipped via FedEx Priority Overnight.
Items S&H Fees
to 1 lb.
additional lb. of gross weight
Non-perishable Items are shipped via UPS Ground delivery
service (3 - 7 days).
Items Shipping Fees
to 1 lb.
additional lb. of gross weight
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.
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
$15.00 for perishable shipments only and must be placed
by Friday 2:30 PM EST.
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.