JAVA JOE’S FUNDRAISING
TERMS & CONDITIONS

rev. January 2023

ADDING ON TO AN ORDER:

Groups can add onto their orders within 3 days of placing their order online, at no additional charge. After 3 days, groups must place a new order.

ARTWORK REQUIREMENTS:

The quality of your coffee bag label depends upon the quality of artwork supplied to Java Joe’s Fundraising. Formatted labels are sent to the group Organizer prior to use.  Any changes must be made in writing.

CANCELLATIONS:

Orders cancelled during packing / labeling will be charged for the work completed at the time of cancellation.

Purchasers selecting ‘pay by check’ may have their orders cancelled, at Java Joe’s discretion, if not paid in 30 days.

CHANGES TO AN ORDER:

Any changes made to an order after submission must be received in writing.  Note: Substantial changes may require the initial order to be deleted and a new order to be entered.

COPYRIGHT/TRADEMARK LAWS:

By providing Java Joe’s with artwork, you are affirmatively stating that all artwork submitted for reproduction does not violate any laws governing copyright, trademark or other laws intended to protect the owner of the artwork and further that Purchaser has all necessary permissions to use the artwork in producing the order submitted. Purchaser agrees to hold Java Joe’s harmless for any actual or alleged infringement, violation or misappropriate use of the artwork provided by the Purchaser including all damages and legal fees resulting from the use of the artwork. Purchaser further agrees not to seek reimbursement from Java Joe’s for any of Purchaser’s damages, costs or legal fees in connection with the actual or alleged improper use of the artwork submitted by the Purchaser.

CREDIT AND PAYMENT TERMS:

Public Schools whose orders are shipping to their schools have credit terms.  Where credit is offered, payment is due within 14 days of receipt of shipment, unless otherwise agreed upon in writing. In cases where credit is not offered, full payment will be required before production and release of goods.

 

FORCE MAJEURE:

JAVA JOE’S CANNOT BE HELD RESPONSIBLE FOR FAILURE TO FULFILL A DELIVERY COMMITMENT AS A RESULT OF SITUATIONS BEYOND OUR REASONABLE CONTROL. THIS INCLUDES BUT IS NOT LIMITED TO OCCURRENCES SUCH AS: NATURAL DISASTERS (I.E. HURRICANES, FLOODS), LABOR STRIKES, CONGESTION AT PORTS OF ENTRY, US CUSTOMS / HOMELAND SECURITY HOLDS AND DELAYS, OR FAILURE OF SUBCONTRACTORS TO PERFORM. JAVA JOE’S FUNDRAISING WILL PROVIDE WRITTEN DOCUMENTATION IN SUPPORT OF ANY FORCE MAJEURE OR COMMERCIAL IMPRACTICABILITY CONDITION UPON REQUEST.

INDEMNIFICATION:

Purchaser  will indemnify, defend and hold Java Joe’s and all of its direct and indirect officers, directors, employees, agents, successors and assigns harmless (each, an “Indemnified Person”) from any and all losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties (collectively, “Losses”), and threatened Losses due to, arising from or relating to third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding) arising from or relating to: (a) Purchaser’s actual or alleged breach of any warranties  herein; (b) any actual or alleged infringement, violation or misappropriation of the Intellectual Property Rights of any third person by (i) any Deliverables provided by Java Joe’s or (ii) a Recipient’s use of those Deliverables; (c) Purchaser’s actual or alleged breach of any of the confidentiality or privacy provisions in this Agreement; (d) fraud, negligent, willful or reckless acts or omissions of or by Purchasers or  Purchaser’s personnel, or (e) death, bodily injury, personal injury or property damage caused by Purchaser or Purchaser’s personnel or incurred during the performance of the Services (each, an “Indemnified Claim”). No settlement or compromise that imposes any liability or obligation on any Indemnified Person will be made without the Indemnified Person’s prior written consent (not to be unreasonably withheld).

LIABILITY LIMITATION:

In the event of a defect in material or workmanship, Java Joe’s will replace the goods, F.O.B. point of shipment, or refund the purchase price for the merchandise at Java Joe’s sole discretion, provided that a written claim is received within 10 days from the shipment date. Java Joe’s liability shall not in any event exceed the cost of furnishing a replacement for the defective product.

JAVA JOE’S SHALL NOT BE LIABLE TO THE PURCHASER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF THE FORM OF THE ACTION OR THEORY OF RECOVERY, EVEN IF THE PURCHASER HAS NOT BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

PRICING:

Pricing is based on a variety of factors and is subject to change. Current prices will be on the brochures sent immediately prior to your latest fundraiser and on Java Joe’s website.  Groups placing a single order from multiple sellers are required to use a coupon code to get their group pricing on their invoice.  Groups who order and pay their invoices without the coupon code will have profit checks mailed to them 2-4 weeks after shipment.   Pricing derived by use of a group coupon code by anyone other than a current Java Joe’s Fundraiser will not be honored.

PRODUCT REPRESENTATIONS:

Every effort has been made to ensure all product images are accurate and true to the product. However, due to changes in stock and other factors, small variations are to be expected and will not result in credits.

LEAD TIME:

Orders are shipped within 3 weeks of payment (if required in advance), logo approval, and clarification of quantity discrepancies.

PAYMENT:

All transactions are processed in US Dollars and payment must be made in US Dollars. Any payment made in any other currency will be subject to a bank currency conversion adjustment. Note: The exchange rate can fluctuate from day to day.

Payments by check or money-order are to be mailed to: Java Joe’s Fundraising, Attn: Pam Abramowitz, 2392 NW 67thStreet, Boca Raton, FL 33496.

PROFITS:

Groups participating in a traditional brochure fundraiser, where funds are collected by the group and one order is placed for shipment to one location, keep their profits.  They pay Java Joe’s the group cost of products and shipping costs and taxes if applicable.

Where groups participate in a virtual fundraiser, Java Joe’s collects the full price of the products and issues a profit check to the group 2-4 weeks after the end of the fundraiser.

Virtual fundraiser supporters can donate to their group instead of making a purchase.  Donations will be added to profit checks or mailed separately. Java Joe’s applies a 20% fee on all donations.

RETURN OF GOODS:

Java Joe’s, in its sole discretion, will honor requests for refunds for defective or damaged merchandise, provided these requests are made within five business days of receipt of the merchandise and that you store and handle the delivered goods in such a manner that meets or exceeds the storage and handling procedures utilized by Java Joe’s.

SHIPPING:

Group orders with a minimum invoice amount of $1000 will receive free shipping.  Group orders with an invoice amount less than $1000 are subject to a shipping and handling fee of 10% of the invoice amount.

Individual orders, shipping direct to the purchaser and supporting an online Fundraiser are subject to shipping fees on orders under $150.00.

Java Joe’s primary carrier is Federal Express. Group organizers will receive tracking information via email the day after shipping.  It is the purchaser’s responsibility to track and monitor their delivery.  Deliveries may be left outside of residences (signatures are not required).   Purchasers are responsible for planning in case of inclement weather.  Large orders may ship via LTL Freight Carrier.  Additional shipping time may be required due to delivery arrangements made by the carrier.

Any and all damages sustained enroute must be photo documented and reported to Java Joe’s Fundraising in writing within 5 business days of receipt.

C.O.D. Shipping is Not Available.

SPOILAGE AND QUALITY CONTROL SHORTAGE POLICY:

Java Joe’s Quality Assurance (JJQA) inspects products prior to shipment to ensure orders are free of defects.

TAXES:

Unless the Customer provides Java Joe’s with a valid and applicable exemption certificate prior to invoicing, Java Joe’s will collect all sales, use, excise, services, consumption and other taxes or duties that the Supplier is permitted or required to collect and which are assessed on the purchase, license and/or supply of Deliverables and for which Java Joe’s invoices the Customer. Java Joe’s will be responsible for remitting applicable taxes. Fudge and shipping charges are currently taxable in Florida and New York.

WAIVER:

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 of this Agreement.

WARRANTY:

Java Joe’s warrants only that goods shall be free from material defects on the delivery date, provided you store and handle the delivered goods in such a manner that meets or exceeds the storage and handling procedures utilized by Java Joe’s.

Any misuse, improper handling, storage, use, modification or alteration of the Goods by any third party shall void the forgoing warranty.

You shall remain entirely responsible for any shipments by you or your company for purposes of returning defective products or packages hereunder to Java Joe’s, and for all risk of loss or damage during shipment.

SEVERABILITY:

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:

The validity, performance and all matters relating to the interpretation and effect of these Terms and Conditions shall be governed by the law of the State of Florida, United States of America, excluding its conflict of law rules. Any matter shall be brought in the state courts of Florida. The parties hereby consent to the jurisdiction of these courts and waive any objection.

MISCELLANEOUS:

Any use of, or reference to the terms: Java Joe’s; our; ours; we; or us herein shall be intended to mean Java Joe’s Fundraising.  Any use of, or reference to the terms: Purchaser; Purchaser’s; you; your; or yours; herein shall be intended to mean the entity purchasing products from Java Joe’s.

JAVA JOE’S FUNDRAISING
TERMS & CONDITIONS

rev. January 2023

ADDING ON TO AN ORDER:

Groups can add onto their orders within 3 days of placing their order online, at no additional charge. After 3 days, groups must place a new order.

ARTWORK REQUIREMENTS:

The quality of your coffee bag label depends upon the quality of artwork supplied to Java Joe’s Fundraising. Formatted labels are sent to the group Organizer prior to use.  Any changes must be made in writing.

CANCELLATIONS:

Orders cancelled during packing / labeling will be charged for the work completed at the time of cancellation.

Purchasers selecting ‘pay by check’ may have their orders cancelled, at Java Joe’s discretion, if not paid in 30 days.

CHANGES TO AN ORDER:

Any changes made to an order after submission must be received in writing.  Note: Substantial changes may require the initial order to be deleted and a new order to be entered.

COPYRIGHT/TRADEMARK LAWS:

By providing Java Joe’s with artwork, you are affirmatively stating that all artwork submitted for reproduction does not violate any laws governing copyright, trademark or other laws intended to protect the owner of the artwork and further that Purchaser has all necessary permissions to use the artwork in producing the order submitted. Purchaser agrees to hold Java Joe’s harmless for any actual or alleged infringement, violation or misappropriate use of the artwork provided by the Purchaser including all damages and legal fees resulting from the use of the artwork. Purchaser further agrees not to seek reimbursement from Java Joe’s for any of Purchaser’s damages, costs or legal fees in connection with the actual or alleged improper use of the artwork submitted by the Purchaser.

CREDIT AND PAYMENT TERMS:

Public Schools whose orders are shipping to their schools have credit terms.  Where credit is offered, payment is due within 14 days of receipt of shipment, unless otherwise agreed upon in writing. In cases where credit is not offered, full payment will be required before production and release of goods.

 

FORCE MAJEURE:

JAVA JOE’S CANNOT BE HELD RESPONSIBLE FOR FAILURE TO FULFILL A DELIVERY COMMITMENT AS A RESULT OF SITUATIONS BEYOND OUR REASONABLE CONTROL. THIS INCLUDES BUT IS NOT LIMITED TO OCCURRENCES SUCH AS: NATURAL DISASTERS (I.E. HURRICANES, FLOODS), LABOR STRIKES, CONGESTION AT PORTS OF ENTRY, US CUSTOMS / HOMELAND SECURITY HOLDS AND DELAYS, OR FAILURE OF SUBCONTRACTORS TO PERFORM. JAVA JOE’S FUNDRAISING WILL PROVIDE WRITTEN DOCUMENTATION IN SUPPORT OF ANY FORCE MAJEURE OR COMMERCIAL IMPRACTICABILITY CONDITION UPON REQUEST.

INDEMNIFICATION:

Purchaser  will indemnify, defend and hold Java Joe’s and all of its direct and indirect officers, directors, employees, agents, successors and assigns harmless (each, an “Indemnified Person”) from any and all losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties (collectively, “Losses”), and threatened Losses due to, arising from or relating to third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding) arising from or relating to: (a) Purchaser’s actual or alleged breach of any warranties  herein; (b) any actual or alleged infringement, violation or misappropriation of the Intellectual Property Rights of any third person by (i) any Deliverables provided by Java Joe’s or (ii) a Recipient’s use of those Deliverables; (c) Purchaser’s actual or alleged breach of any of the confidentiality or privacy provisions in this Agreement; (d) fraud, negligent, willful or reckless acts or omissions of or by Purchasers or  Purchaser’s personnel, or (e) death, bodily injury, personal injury or property damage caused by Purchaser or Purchaser’s personnel or incurred during the performance of the Services (each, an “Indemnified Claim”). No settlement or compromise that imposes any liability or obligation on any Indemnified Person will be made without the Indemnified Person’s prior written consent (not to be unreasonably withheld).

LIABILITY LIMITATION:

In the event of a defect in material or workmanship, Java Joe’s will replace the goods, F.O.B. point of shipment, or refund the purchase price for the merchandise at Java Joe’s sole discretion, provided that a written claim is received within 10 days from the shipment date. Java Joe’s liability shall not in any event exceed the cost of furnishing a replacement for the defective product.

JAVA JOE’S SHALL NOT BE LIABLE TO THE PURCHASER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF THE FORM OF THE ACTION OR THEORY OF RECOVERY, EVEN IF THE PURCHASER HAS NOT BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

PRICING:

Pricing is based on a variety of factors and is subject to change. Current prices will be on the brochures sent immediately prior to your latest fundraiser and on Java Joe’s website.  Groups placing a single order from multiple sellers are required to use a coupon code to get their group pricing on their invoice.  Groups who order and pay their invoices without the coupon code will have profit checks mailed to them 2-4 weeks after shipment.   Pricing derived by use of a group coupon code by anyone other than a current Java Joe’s Fundraiser will not be honored.

PRODUCT REPRESENTATIONS:

Every effort has been made to ensure all product images are accurate and true to the product. However, due to changes in stock and other factors, small variations are to be expected and will not result in credits.

LEAD TIME:

Orders are shipped within 3 weeks of payment (if required in advance), logo approval, and clarification of quantity discrepancies.

PAYMENT:

All transactions are processed in US Dollars and payment must be made in US Dollars. Any payment made in any other currency will be subject to a bank currency conversion adjustment. Note: The exchange rate can fluctuate from day to day.

Payments by check or money-order are to be mailed to: Java Joe’s Fundraising, Attn: Pam Abramowitz, 2392 NW 67thStreet, Boca Raton, FL 33496.

PROFITS:

Groups participating in a traditional brochure fundraiser, where funds are collected by the group and one order is placed for shipment to one location, keep their profits.  They pay Java Joe’s the group cost of products and shipping costs and taxes if applicable.

Where groups participate in a virtual fundraiser, Java Joe’s collects the full price of the products and issues a profit check to the group 2-4 weeks after the end of the fundraiser.

Virtual fundraiser supporters can donate to their group instead of making a purchase.  Donations will be added to profit checks or mailed separately. Java Joe’s applies a 20% fee on all donations.

RETURN OF GOODS:

Java Joe’s, in its sole discretion, will honor requests for refunds for defective or damaged merchandise, provided these requests are made within five business days of receipt of the merchandise and that you store and handle the delivered goods in such a manner that meets or exceeds the storage and handling procedures utilized by Java Joe’s.

SHIPPING:

Group orders with a minimum invoice amount of $1000 will receive free shipping.  Group orders with an invoice amount less than $1000 are subject to a shipping and handling fee of 10% of the invoice amount.

Individual orders, shipping direct to the purchaser and supporting an online Fundraiser are subject to shipping fees on orders under $150.00.

Java Joe’s primary carrier is Federal Express. Group organizers will receive tracking information via email the day after shipping.  It is the purchaser’s responsibility to track and monitor their delivery.  Deliveries may be left outside of residences (signatures are not required).   Purchasers are responsible for planning in case of inclement weather.  Large orders may ship via LTL Freight Carrier.  Additional shipping time may be required due to delivery arrangements made by the carrier.

Any and all damages sustained enroute must be photo documented and reported to Java Joe’s Fundraising in writing within 5 business days of receipt.

C.O.D. Shipping is Not Available.

SPOILAGE AND QUALITY CONTROL SHORTAGE POLICY:

Java Joe’s Quality Assurance (JJQA) inspects products prior to shipment to ensure orders are free of defects.

TAXES:

Unless the Customer provides Java Joe’s with a valid and applicable exemption certificate prior to invoicing, Java Joe’s will collect all sales, use, excise, services, consumption and other taxes or duties that the Supplier is permitted or required to collect and which are assessed on the purchase, license and/or supply of Deliverables and for which Java Joe’s invoices the Customer. Java Joe’s will be responsible for remitting applicable taxes. Fudge and shipping charges are currently taxable in Florida and New York.

WAIVER:

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 of this Agreement.

WARRANTY:

Java Joe’s warrants only that goods shall be free from material defects on the delivery date, provided you store and handle the delivered goods in such a manner that meets or exceeds the storage and handling procedures utilized by Java Joe’s.

Any misuse, improper handling, storage, use, modification or alteration of the Goods by any third party shall void the forgoing warranty.

You shall remain entirely responsible for any shipments by you or your company for purposes of returning defective products or packages hereunder to Java Joe’s, and for all risk of loss or damage during shipment.

SEVERABILITY:

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:

The validity, performance and all matters relating to the interpretation and effect of these Terms and Conditions shall be governed by the law of the State of Florida, United States of America, excluding its conflict of law rules. Any matter shall be brought in the state courts of Florida. The parties hereby consent to the jurisdiction of these courts and waive any objection.

MISCELLANEOUS:

Any use of, or reference to the terms: Java Joe’s; our; ours; we; or us herein shall be intended to mean Java Joe’s Fundraising.  Any use of, or reference to the terms: Purchaser; Purchaser’s; you; your; or yours; herein shall be intended to mean the entity purchasing products from Java Joe’s.