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Terms and Conditions

 
(A) This agreement contains the terms and conditions by which seller will quote and sell it's products and services to buyer.

(B) The terms "purchase order" or "order" for the purposes of this agreement include the term "request for quotation", as appropriate.

(C) This agreement supersedes all pre-printed and boiler plate terms and conditions set forth in any purchase order issued by buyer.

(D) No reference herein to buyer's purchase order will in any way incorporate different or additional terms and conditions which are hereby objected to.

Seller will not be responsible for loss, damage, or delay brought upon by a common carrier. Buyer must file any and all freight claims. All shipments are made F.O.B. our facility, Valley Center CA.

Prices, terms and conditions are subject to change without notice. Invoicing will be at the price in effect at time of order.

Any municipal, county, state or federal tax imposed by result of sale will be added to the invoice and paid by the customer. All other customers must present resale number at time of order.

Schedules for shipping and will call are estimates. These estimates of time frames can not be guaranteed or be considered legally binding.

If the buyer delays receipt of goods later than the completion date, seller may invoice buyer on completion date. Buyer shall pay said invoice in accordance with stated credit terms contained herein.

Seller does not agree to buyer's terms and conditions. Sale is conditional upon buyer's acceptance of seller's terms and conditions. Any sale made to buyer is deemed that buyer has read and consented to all of seller's terms and conditions.

Unauthorized back charges, claims, or short payments will not be accepted by seller.

No material will be accepted for return unless agreed to by seller. Seller shall be responsible to decide value, re-stock fee, etc.

Upon credit approval, terms of payment shall be net 30 days from date of invoice. Accounts over 30 days may be charged 1-1/2% interest per month on unpaid balance. All delinquent accounts are subject to C.O.D. This includes but is not limited to previous unpaid invoices, as well as, any orders in progress. In the event buyer is delinquent and has order in production, sell may elect to cancel order, or produce order and require buyer to pay for order C.O.D. upon completion of order. Seller may at any time require payment in advance if at anytime buyer is delinquent or seller receives information that seller deems appropriate to demand prepayment.

Buyer accepts all of seller's written warranties. Refer to Product Warranty Section.

All items are F.O.B. seller's facility. Any loss shall be buyer's responsibility. In the event special packaging is required, buyer agrees to pay for this cost determined by seller.

All materials on Seller's website is proprietary and may not be used without seller's written permission.

No other warranties, express or implied, are made with respect to the products or services including, but not limited to, any implied warranty of merchantability or fitness for a particular use.

No action arising out of any claimed breach of this agreement by seller may be brought by buyer-end user more than one (1) year after the cause of action has arisen.

Force majeure. Any delay or failure of seller to perform it's obligations here under will be excused to the extent that it is caused by an event or occurrence beyond its control such as, by way of example and not by way of limitation, acts of God, actions by any government authority (whether valid or invalid), governmental laws and regulations not presently in effect, fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, accidents, labor problems (including, but not limited to, lockouts, strikes, and slowdowns) at seller's facility, its source plant or their supplier's, inability to obtain power, material, labor equipment, or transportation, or court injunction or order. The delivery date will be deemed adjusted in the individual order(s) to that effect.

Entire agreement and amendment. This agreement, together with any attachments or supplements specifically referenced in this agreement, constitutes the entire agreement between parties hereto and supersedes all previous communications, representations, or agreements, either oral or written, between the parties here to with respect to the subject matter hereof. No agreement or understanding varying or expanding this agreement will be binding upon either party hereto unless it is in writing and signed by a duly authorize representative thereof.

No implied waiver. The failure of either party at any time to require performance by the other party of any provision of this agreement will in no way affect the right to require such performance at any time thereafter, nor will the waiver of either party of a breach of any provision of this agreement constitute a waiver of any succeeding breach of the same or any other provision.

Venue. Exclusive venue for any action hereunder shall be Valley Center California

Seller reserves the right to refuse service to anyone.

In the event any indebtedness is placed in the hands of an attorney and/or arbitrator, buyer agrees to be responsible and shall pay all reasonable fees incurred.

Clerical errors. Clerical and or mathematical errors are subject to correction by seller.