Return & Credit Policy

1. 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.

2. Buyer shall immediately inspect the product upon its delivery and promptly notify tovahcaviar if any product is defective or does not conform with the terms of the order. If Buyer does not notify tovahcaviar/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 tovahcaviar/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, tovahcaviar/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.

3. No course of dealing and no delay on the part of tovahcaviar/Marky's in exercising any right, power, or remedy conferred by this agreement shall operate as a waiver thereof or otherwise prejudice tovahcaviar/Marky's' rights, powers and remedies. No single partial exercise by tovahcaviar/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 tovahcaviar/Marky's.

4. All delivery dates are approximate. tovahcaviar/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 tovahcaviar/Marky's' inability to deliver for any reason shall be rescission of this agreement, which Buyer may only exercise before tovahcaviar/Marky's has delivered the product to a carrier at any point of shipment.

5. For any breach of this agreement by tovahcaviar/Marky's, tovahcaviar/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.

6. 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.

7. 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.