Sales and Return Agreement Any purchase transactions made on this website will be governed by the following Sales and Return Agreement in conjunction with the online Terms of Use. By using and/or accessing this website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions. Order Minimum
- minimum cash sales for will call/pick-up: $10.00
- minimum amount per line item order: $10.00
- minimum order for approved open credit: $25.00
Prices and Quotations Prices are subject to change without notice and orders calling for future delivery will be billed according to the price in effect at the time of delivery. Payment Terms Net amount of invoice in full within thirty (30) days of date of invoice. If, in Seller’s opinion, the financial condition of the Buyer at any time does not justify continuance or production or shipment on the term payments specified, we may require full or partial payment in advance. Shipment and Title All prices are F.O.B. our warehouse, Los Angeles, California. Method and route of shipment are at our discretion unless the Buyer supplies explicit instructions. Title shall remain with the seller until goods are accepted and paid for. Liability Seller shall not be liable for loss or damage of any kind resulting from delay or inability to deliver on account of fire, labor troubles, accident, acts of civil or military authorities or from any cause beyond our control. Inspection The parties agree that BUYER will inspect the goods at point of arrival. If the described inspection is possible but the BUYER fails to inspect, he will be held to have accepted the goods will all faults that inspection would have revealed. Claims All Claims for damages, errors, or shortages must be made by the Buyer in writing and communicated to the Seller within the period of twenty-four (24) hours after the goods are delivered. Failure to make such claim within the stated period shall constitute an irrevocable acceptance of the goods and an admission that they fully comply with all terms, conditions and specifications of this agreement and the Buyer shall be bound to accept and pay for the goods within the terms of the invoice. Returned Material In no case are goods to be returned to the Seller after having been accepted without first obtaining the Seller permission. Material accepted for credit is subject to a minimum service charge of 20% plus all transportation charges. Material built to order is not subject to return for credit under any circumstances. Goods must be securely packed to reach us without damage, and the Buyer will be responsible for all costs and damages incurred in connection with return of said goods. Guarantee The seller guarantees to replace or at his option repair any products or parts thereof which are found to be defective in material or workmanship within five (5) days from date of written notification of defect by the Buyer. Seller’s obligation with respect to such products or parts shall be limited to replacement or repair F.O.B. Los Angeles, California and in no event shall Seller be liable for consequential or special damages or for transportation installation adjustment or other expenses which may arise in connection with such products or parts. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OR MERCHANT ABILITY AND FITNESS.
CANCELLATION Cancellation
An order once delivered by the Seller and accepted by the Buyer can be cancelled only with Seller’s consent and upon terms that will indemnify the Seller against a loss. Buyer’s Damages If the Buyer rightfully rejects the goods, then with respect to any goods involved and with respect to the whole, if the breach goes to the while contract, the Buyer may cancel the contract, and recover so much of the purchase price as has been paid, and the costs for redelivery of said goods to Seller, however, risk of loss shall remain with the Buyer until said goods are redelivered to the Seller and any damage in transit shall be borne by the Buyer. The foregoing shall be the exclusive remedies available to the Buyer for the Buyer’s rightful rejection of delivered goods. Venue Buyer and Seller hereby agree that the Seller’s place of business is designated as the place where the contract is performed. Attorney’s Fees If suit is filed for the collection of fees or expenses due pursuant to this agreement, the prevailing party shall be entitled to reasonable attorney’s fees. Disclaimer The seller gives no warranty, expressed or implied, as to description, quality, merchantability, fitness for any particular purpose, productiveness, installation or any other manner of any goods herein sold. The buyer acknowledges that he is not relying on the seller’s skill or judgment to select or furnish goods suitable for any particular purpose and that there are no warranties which extend beyond the description on the face hereof. That there are no warranties arising from any trade custom or usage or course of dealings between the parties, seller does not assume nor authorize any other person to assume for seller any liability in connection with the sale or use of the goods herein sold. Buyer acknowledges that no representations were made to him or relied upon by him with respect to the quality, function or use of the goods herein sold and further acknowledges that the limit of seller’s liability upon any express warranty made to the buyer by the seller shall be limited to the actual purchase price paid by the buyer for the goods herein sold. Seller shall not be liable for injury to property or persons. No variation or modification of any term hereof shall be binding upon seller unless in writing signed by seller’s authorized representative. |
