TERMS & CONDITIONS
PRODUCT SAMPLES
For request of samples, contact our sales department through our CONTACT US page.
ACCEPTANCE
Buyer is responsible for the product that he/she purchases. Seller’s acceptance of Buyer’s purchase order for goods is expressly made conditional on Buyer’s acceptance of the following terms and conditions of sale, which are in lieu of any additional or different terms contained in Buyer’s purchase order or other document or communication pertaining to Buyer’s order or the Goods. Buyer’s assent to the terms and conditions contained in this document shall be conclusively presumed from Buyer’s acceptance of all or any part of the Goods, or from payment by Buyer for all or any part of the Goods. None of these terms and conditions may be added to, modified, superseded or otherwise altered, except by a written statement signed by an authorized executive of Seller. Failure of Seller to object to any terms or conditions which may be contained in any document or form of Buyer shall not be construed as a waiver of these conditions nor as an acceptance of any such terms and conditions.
PAYMENT METHODS & TERMS
Unless otherwise indicated on Seller’s Sales Order/Invoice, payment is due in advance. All payments must be made in FULL before shipment of product to customer. If payment terms are offered, payments not made within the approved due date shall become subject to a late payment charge of 1.5% per month on any amount than past due.
Stock Goods: Seller accepts Zelle quickpay bank wires, ACH, company checks, and all major credit cards. Custom Goods: Seller accepts only bank wires, ACH and company checks. Buyer authorizes Seller to redeposit any dishonored checks. Buyer agrees to reimburse Seller for any fees imposed on Seller as a result of Buyer’s dishonored check, up to the maximum amount permitted by law.
SHIPMENT
Delivery terms are either, F.O.B. Seller’s warehouse, Baldwin Park, California, or the port as specified on Seller’s Sales Order/Invoice. In either case, Buyer shall assume all risk of loss or damage upon delivery by Seller to the carrier at the point of shipment. Scheduled dates of delivery are determined from the date of Seller’s acceptance of any order(s) placed by Buyer and are estimates of approximate dates of delivery, not a guaranty of a particular date of delivery. Seller shall not be liable for any damages caused by failure or delay in shipping the goods described herein, if such failure or delay is due to any war, embargo, riot, fire, flood, accident, mill condition, strike or other labor difficulty, an act of Buyer, an act of God, an act of a governmental authority, transportation shortage or failure, inability to obtain sufficient fuel, labor, materials or manufacturing facilities, or any other cause beyond the reasonable control of Seller. Courier Charges: In the event Buyer directs Seller to ship the Goods using Buyer’s third-party courier account, Buyer shall be responsible for any charge-backs to Seller arising from Buyer’s use of its or third-party courier account; and Buyer hereby authorizes Seller to charge Buyer’s credit card on file with Seller for the amount of any such charge-backs.
CANCELLATION
Orders for Stock Goods may be cancelled at any time prior to payment before shipment. Orders for Custom Goods cannot be cancelled and deposits will not be refunded, once the manufacturing production is scheduled.
CLAIMS AND RETURNS
Due to the Coronavirus pandemic, all sales are made final and are non-refundable. Return of products will NOT be accepted.
SECURITY INTEREST
Shipments, deliveries and performance of work by Seller shall at all times be subject to the approval of and requirements of the credit department of Seller, including the requirement that Buyer to pay part or all of the purchase price in advance. Seller retains a purchase money security interest in all Goods not paid for in full, notwithstanding that the goods have been delivered to Buyer, and Buyer hereby authorized Seller to execute and file financing statements describing the Goods, and other document which may be requested by Seller to evidence its security interest.
WARRANTY & LIABILITY
Seller ensures that the Goods shall conform to the description stated thereon. The foregoing WARRANTY is Seller’s Sole Warranty with respect to these Goods. All other WARRANTIES, expressed or implied, including but not limited to the implied WARRANTIES of merchantability, compatibility and fitness for a particular purpose, are hereby disclaimed. Seller’s liability for breach of warranty hereunder is limited solely to the replacement of the defective goods, which shall be returned to Seller’s plant, transportation charges prepaid by Buyer, and the failure to give notice of a WARRANTY claim within thirty (30) days from date of delivery shall constitute a waiver by Borrower of all claims in respect to such goods. The foregoing shall constitute the sole remedy of Buyer and the sole liability of seller under this WARRANTY.
Sellers Liability to Buyer, whether in contract, in Tort, under any WARRANTY, in negligence or otherwise shall not exceed in any case the return of the amount of the purchase price paid by Buyer and under no circumstances shall Seller be liable for special, indirect or consequential damages. The price stated for the Goods is consideration for limiting Sellers liability. No action, regardless of form, arising out of the transaction under Buyers sales order or invoice may be brought by Buyer more than one (1) year after the date of the invoice. Without limitation of the foregoing, in no event will Seller be responsible or liable for (A) penalty clauses of any description, or (B) indemnification of Buyer or others for COSTS, DAMAGES or EXPENSES arising out of or related to the Goods.
TAXES
Pricing does not include applicable taxes or duties. Buyer is solely responsible for paying all applicable taxes and duties. Seller will add sales taxes to the sales price where required by law and Buyer will pay such taxes unless Buyer provides Seller with a duly executed sales tax exemption certificate. If Buyer is required by law to withhold any amount of tax from its payment to Seller, Buyer will take all reasonable steps to minimize such withholding tax, provide Seller with a receipt or certificate as evidence the tax has been paid, and reimburse Seller for the amount of withholding so that Seller receives payment for the full value of the invoice. Unless Seller notifies Buyer otherwise, with regard to international shipments that transit through international waters or airspace, title transfers to Buyer immediately after Goods leave the jurisdictional territory of Seller’s point of shipment. Unless Seller notifies Buyer otherwise, with regard to domestic shipments and international shipments that ‘re not in transit through international waters or airspace, title transfers upon delivery to Buyer’s carrier or nominee at Seller’s point of shipment.
INTERNATIONAL ORDERS
We accept international orders and will be happy to ship our products to you. In general, service is capable with UPS shipping rates. Please contact us for international orders and further inquiries, and we will gladly ensure the completion and shipment of your order. For international shipments over $$$, we only accept wire transfer payments.