These terms and conditions (“T&C”) apply to samples, quotations, shipping notes, confirmations, invoices, and any sales of merchandise by Aokai co. Ltd. Concerning Aokai’s samples, and only to Aokai’s samples, any reference in these T&Cs to Aokai’s sale of goods or Buyer’s sale of goods (other than Sections 1, 3, 6(b), 7, 10-12) for the purchase of goods, It shall be deemed that Aokai provides samples to you and your request for samples. In such event, “Buyer” shall be deemed to refer to you, the party requesting the Sample, and “Goods” shall be deemed to refer to the Sample.

Delay in Delivery; Certain Remedies; and Storage. Aokai’s prices and terms of delivery in effect on the date of shipment shall be bound by it. Aokai will endeavor to meet the shipment and delivery dates requested by the Buyer, but such dates are not guaranteed, and Aokai shall not be liable for delays in the shipment or delivery of the Goods. Freight depends on factors such as the availability of Aokai suppliers; delivery depends on factors such as suppliers and carriers and speed of cargo clearance. Aokai does not guarantee the availability of the merchandise. Suppose the Buyer requires partial, stag, geared, or delayed deliveries. In that case, Aokai reserves the right to demand payment for all completed deliveries before further deliveries and to increase the price for additional production, transport, or other costs, notwithstanding other terms. Suppose the Buyer fails to perform any of its obligations including, but not limited to. In that case, timely payment of all invoices (including but not limited to storage charges within 30 days of the invoice), acceptance of delivery of the Goods, or convenient purchase or release of the Goods by its agreement (whether in, Purchase Order Acknowledgment or elsewhere), Aokai shall have all rights and remedies including, but not limited to, requiring advance payment or COD terms, requiring Buyer to accept delivery of the Goods (after amount), and disposing of the Goods at Aokai’s sole discretion (whether by sale, destruction or otherwise) without penalty to Aokai; the buyer remains responsible for the invoice and any storage and disposal charges, less any excess proceeds received by Aokai from the disposal of such goods (in consideration of the after the fee). Buyer expressly waives any claims concerning Aokai’s disposition of the Goods, including the manner of nature. Without limiting the preceding, all Goods ordered by Buyer under a Purchase Order will be subject to a monthly storage charge of 5% of the value of the Goods stored from the earlier date at Aokai’s sole discretion (unless Aokai’s quotation or Purchase Order Acknowledgment specifies that such Goods will be available on (x) the date or time specified in the Purchase Order for release of such Goods or (y) thirty (30) days from such date, whichever is the later. Less any excess proceeds received by Aokai from the disposal of such goods (after taking account of Aokai’s expenses). Buyer expressly waives any claims concerning Aokai’s disposition of the Goods, including the manner of nature. Without limiting the preceding, all Goods ordered by Buyer under a Purchase Order will be subject to a monthly storage charge of 5% of the value of the Goods stored from the earlier date at Aokai’s sole discretion (unless Aokai’s quotation or Purchase Order Acknowledgment specifies that such Goods will be available on (x) the date or time specified in the Purchase Order for release of such Goods or (y) thirty (30) days from such date, whichever is the later. Less any excess proceeds received by Aokai from the disposal of such goods (after taking account of Aokai’s expenses). Buyer expressly waives any claims concerning Aokai’s disposition of the Goods, including the manner of nature. Without limiting the preceding, all Goods ordered by Buyer under a Purchase Order will be subject to a monthly storage charge of 5% of the value of the Goods stored from the earlier date at Aokai’s sole discretion (unless Aokai’s quotation or Purchase Order Acknowledgment specifies that such Goods will be available on (x) the date or time specified in the Purchase Order for release of such Goods or (y) thirty (30) days from such date, whichever is the later. Burke receives disposition from such cargo. Buyer expressly waives any claims concerning Aokai’s nature of the Goods, including the manner of wildlife. Without limiting the preceding, all Goods ordered by Buyer under a Purchase Order will be subject to a monthly storage charge of 5% of the value of the Goods stored from the earlier date at Aokai’s sole discretion (unless Aokai’s quotation or Purchase Order Acknowledgment specifies that such Goods will be available on (x) the date or time specified in the Purchase Order for release of such Goods or (y) thirty (30) days from such date, whichever is the later. Burke receives disposition from such cargo. Buyer expressly waives any claims concerning Aokai’s nature of the Goods, including the manner of wildlife. Without limiting the preceding, all Goods ordered by Buyer under a Purchase Order will be subject to a monthly storage charge of 5% of the value of the Goods stored from the earlier date at Aokai’s sole discretion (unless Aokai’s quotation or Purchase Order Acknowledgment specifies that such Goods will be available on (x) the date or time specified in the Purchase Order for release of such Goods or (y) thirty (30) days from such date, whichever is the later.

Force majeure. Aokai shall not be liable for any loss or damage arising from delays or failure to deliver due to force majeure; epidemics; severe weather; war; Goods; imposition of government embargoes, regulations, price restrictions or controls; accidents; delays by common carriers; delays in customs clearance; or any other unavoidable cause or beyond Aokai’s reasonable control. At Aokai’s option, any date may be extended upon any delay due to force majeure.

Revision or modification. No representative of O.BEK is authorized to make any oral commitment, commitment, warranty, representation, or change of these T&CS. Aokai shall not be bound by any provision or contract of any agreement unless expressly agreed in writing by an authorized officer of Aokai.

Risk of loss. Aokai is not responsible for damage to the goods in transit or any loss after the carrier receives the goods. Once the goods are delivered to the page for shipment to the buyer, the buyer assumes all risks of loss, shortage, or damage in transit. Notwithstanding the preceding, Buyer assumes all risk of loss whether or not the Goods are available or shipped to Buyer, whether or not the Goods are still in Aokai’s custody or possession, directly or indirectly, at the time Aokai invoices for such Goods. If Buyer refuses to accept Goods available for release or fails to pay storage charges within thirty (30) days of the invoice date, Aokai shall have the right, at its sole discretion, to dispose of the Goods (whether by sale, destruction, or otherwise) without penalty; Buyer remains responsible for the invoice and any storage and handling charges, less any excess proceeds received by Aokai from the disposition of such goods (after accounting for Aokai’s costs). Buyer expressly waives any claims concerning Aokai’s nature of the Goods, including the manner of wildlife.

Payment and Credit Terms; Service Fees and Collection Fees. All invoices are due upon presentation; no deduction or set-off will be made in US dollars. Payment terms are thirty (30) days from the invoice date unless otherwise stated in the invoice or the Buyer purchases an online credit card. Aokai shall be entitled to retain a lien on all unshipped goods and goods recovered in transit until all debts of the Buyer are fully satisfied. If any payment is overdue, Aokai may charge a service fee lesser than the maximum amount permitted by applicable law or 1½% per month (18% per annum). All returned checks will be subject to a $10.00 service fee. Suppose any buyer (including buyers on established credit) fails to pay within the specified terms and any other remedies available at law or in equity. In that case, Aokai may: delay shipment or may, at its option, cancel any unshipped or part of the order. Aokai shall be entitled to set off and deduct any amount owed. Buyer agrees that any credit balance transactions not applied or requested within one (1) year will be forfeited, and Aokai will have no further liability. Suppose Aokai transfers Buyer’s account to Collection or hires an attorney to enforce its rights against the Buyer. In that case, Buyer agrees to pay Aokai all of Aokai’s attorneys’ fees, expenses, and other collections, whether or not litigation is instituted.

elEliminateOrder may be canceled, delivery delayed, or specification changed with the prior written consent of Aokai, at the sole discretion of an authorized officer of Aokai and without review. If Aokai disagrees, the buyer shall be responsible for paying the full purchase price. Even if Aokai agrees, if Buyer cancels or modifies a purchase order for manufactured goods, Buyer shall be responsible for payment of the full purchase price; if Aokai decides to cancel the order before production, Buyer shall be liable to Aokai’s suppliers (whether the manufacturer or otherwise) Responsible for all cancellation fees imposed, including but not limited to any cancellation fees. In addition, if afghan’s suppliers increase costs or charges, including but not limited to,

Applicable Law and Exclusive Jurisdiction. All transactions between Buyer and Aokai shall be deemed to have taken place in and be governed by the laws of New Jersey, without regard to principles of conflict of laws. By accepting these T&Cs and by purchasing the Merchandise, Buyer at this moment submits to the exclusive jurisdiction of the state and federal courts of New Jersey concerning any dispute arising out of, involving, or relating to these T&Cs or any transaction between Buyer and O or involving O. Burke; however, provided that Aokai can enforce any judgment in any jurisdiction.

Charges/taxes/duties/duties/duties; additional or increased cost pass-through. Unless otherwise stated on a quotation, confirmation, or invoice, purchase prices do not include shipping, handling, taxes, customs, import or export charges, duties, and duties. Regardless of whether the quotation, acknowledgment, or invoice states the purchase price or contains such charges or additional charges, Aokai may pass and issue supplementary invoices to Buyer to add or add extra expenses and costs to Aokai’s suppliers or Regulatory agencies, including but not limited to increased resin costs and freight surcharges.

Consent to use images for Aokai’s marketing purposes. The buyer now consents to Aokai’s use (for Aokai’s marketing purposes only) of pictures of merchandise sold by Aokai to the Buyer on Aokai’s website, BottleStore.com website, and in Aokai’s marketing materials, including but not limited to when filling and adorning such merchandise. Buyer acknowledges that it will not or will not be entitled to any compensation or other benefit due to Aokai’s use as outlined in this section.