Conditions of Sale

The person(s) placing this order (“Customer”) hereby agrees that the following terms and conditions shall constitute additional conditions of sale:

1. DELIVERY PERIOD. All orders for new product will be shipped beginning approximately 60 to 90 days after receipt by The Westfield Company of Wisconsin (Westfield). Orders for future publications, or for out-of-stock/not-arrived publications or items, may be sent in two or more shipments to the Customer.  The shipment of all publications and items ordered will be completed within approximately 180 days after Westfield receives the order. Please notify us within 30 days of reciept of any damaged or missing items. We cannot guarantee replacements after 30 days.
2. MATURE CONTENT. Customer understands that some publications may contain language and illustrations which are intended for mature readers and may be offensive or objectionable to some readers.  Customer agrees to exercise his/her discretion before ordering such publications.  The Westfield Company and Customer must rely upon individual publishers’ representations as to whether the publication contains mature content.  All publications which publishers advise may contain adult material will be coded accordingly pursuant to the legend located on the order form.  As a service to the Customer, Westfield has made further good faith efforts to code publications which may contain mature content, even though not so indicated by publishers.  Westfield makes no warranties, expressed or implied, relative to publication contents. Orders for items coded as mature content and any adults only item, are accepted contingent on THe Westfield Company receiving a signed Age Statement from the customer.
3. LEGAL CAPACITY. Customer represents that he/she is at least eighteen (18) years of age or if under eighteen (18) years of age, Customer represents that this order is placed with the express permission of his/her parent(s) or legal guardian(s).
4. INDEMNIFICATION. Customer agrees to hold Westfield, its principals, agents, representatives, employees and assigns harmless and indemnify Westfield against any and all claims, damages and costs of whatever nature, including but not limited to actual attorney’s fees, incurred as a result of any legal action of whatever nature resulting from the sale of publications to Customer, except for claims concerning the non-delivery of orders or the merchantibility of goods.
5. GOVERNING LAW. This agreement shall be subject to and governed by the laws of the State of Wisconsin, and any community standards which shall be applicable shall be those of the City of Madison, Wisconsin.  The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.  This Agreement shall be binding and inure to the benefit of Westfield and Customer and their respective heirs, legal representatives, executors, administrators, successors, principals, agents, employees, assigns, parents and/or legal guardians.
6. PURCHASING FOR RESALE. Our terms of sale with our distributors dictate that we cannot sell products to retail or distributor accounts for the purposes of resale. By ordering from Westfield, retail and distributor accounts agree not to resell any products purchased from Westfield without the express written consent of the respective publishers.