Terms and Conditions of Sale

Applicability & Governance:
By requesting a quote from Seller or presenting an order to Seller, Buyer confirms that these Terms and Conditions of Sale shall govern all purchase of goods and services by Buyer from Seller. No changes or different or additional terms (contained in a Purchase Order accepted by Seller, or otherwise) will change these Terms and Conditions or their governance, unless authorized in writing, by an Authorized Officer of the Seller. These Terms and Conditions and all related disputes shall be governed by the laws of the State of California, USA.

 

Acceptance:
Acceptance of any order is subject to credit approval, and acceptance by Seller. If Seller, in its sole discretion, determines Buyer’s credit to be unsatisfactory, for any reason, Seller reserves the right to alter terms of credit to provide Seller with appropriate assurances. If any invoice is outstanding for 45 days or more from date of invoice, no shipments will be released to Buyer until full payment of said invoice is received by Seller. Seller reserves the right to not accept any order, for any reason whatsoever. 

 

Quotations:
All quotes are valid for 30 days from date of quotation, unless otherwise noted on the quote.

 

Prices:
Pricing is based on quantity quoted to Buyer. Changes in quantity quoted or sold, will affect the price. Pricing does not include any taxes applicable to Buyer, shipping and handling costs, or applicable duties or other import/export responsibilities and costs. Buyer is responsible for all shipping and handling costs, and import/export costs. Where appropriate, Seller will collect applicable taxes unless Buyer submits a valid tax exemption certificate. Pricing is subject to change without notice.

 

Cancellation:
Should Buyer wish to cancel a purchase order that Seller has issued confirmation for, the following Cancellation Charges shall apply.

  1. For purchase orders that Seller has issued confirmation for, and production has not yet begun: $75.00
  2. For purchase orders that Seller has issued confirmation for, material has been purchased for, and production has not yet begun: $75.00 + cost of material purchased for the order
  3. For purchase orders that Seller has issued a confirmation for, and production has begun: $75.00 + cost of material + prorated labor cost, based on completion of production

 

Upon completion of production, an order can no longer be cancelled.

 

Delivery:
All Delivery estimates are based on normal workload, and typical operations. Seller is not liable for losses or delays as the result of fire, flood, earthquake, storm, natural disaster, labor disputes and stoppages, government order, pandemic, or any other circumstances beyond Seller’s or Seller’s supplier’s control, which affect Seller or Seller’s supplier’s operations. 

 

Shipment & Associated Risks:
All sales are FOB: LaDeau Manufacturing’s dock in Glendale, CA, USA, Zip Code: 91204. Buyer assumes responsibility of risk of loss or damage at the point of shipment, LaDeau Manufacturing’s dock in Glendale, CA, USA. Seller’s responsibility of loss or damage terminates upon providing the appropriate quantity of conforming product to the point of shipment, and making such product available for Buyer’s carrier or common carrier. Claims for quantity shortage as a result of or damage during transit are the responsibility of the Buyer, not the Seller, and are to be charged against the carrier. Seller agrees to provide all pertinent information to assist Buyer in their filing of such a claim. No claims for quantity shortages as a result of transit damage, damage during transit, or non-delivery will be made by the Buyer against the Seller. If Buyer chooses to ship COD, carrier will charge Buyer a COD fee. Seller not responsible for shipping discrepancies unless Buyer notifies Seller in writing, within 15 days of receipt.

 

Warranty:
Seller warrants its products to be free from material defects and workmanship, to the original Buyer, subject to the following terms and conditions.

 

  1. Products have not been modified after delivery.
  2. Products have not been subject to abuse, neglect, accident, improper handling, improper installation, improper storage, improper operation, or improper maintenance.
  3. Buyer notifies Seller in writing, within 15 days of receipt to the original Buyer.
  4. Seller retains the right to examine the products and claims at Buyer or Seller’s premises to determine, at Seller’s sole discretion, validity of claim.
  5. No products can be returned to Seller without prior written authorization from Seller.
  6. Upon acceptance of Buyer’s claim by Seller, and authorization of return of product, Buyer returns defective product to Seller within 90 days of receipt by original Buyer.
  7. Upon acceptance of Buyer’s claim by Seller, and authorized receipt of defective product, Seller will replace or repair products found to be defective in material or workmanship, or refund the prorated amount of associated invoice, at Seller’s sole discretion.
  8. Seller’s liability under this warranty is expressly limited to repair or replacement of products found to be defective in material or workmanship, or the refund of the prorated amount of the associated invoice.
  9. Seller is not liable for any other incidental or consequential costs that may arise as a result of the defect in material or workmanship.
  10. There are no other warranties oral or written, implied, expressed, or by statute. There is no implied warranty of merchantability, or warranty of fitness for a particular purpose.

 

Payment:
Select Buyers can apply for Net 30 credit terms from the Seller. Credit card sales are billed at time of shipment, and are subject to a 2.5% merchant fee. Bank wire transfer payments are subject to $50 wire transfer fee.

 

Blanket Orders:
Blanket orders placed by the Buyer with the Seller shall be for a total term of 1 year, unless otherwise specified in writing by an Officer of the Seller. At expiration of the 1 year term, all unshipped product on the blanket order will be shipped to Buyer, and billed appropriately.

 

Indemnification:
Buyer shall indemnify and hold Seller, Seller’s owners, Seller’s officers, Seller’s employees and Seller’s agents harmless from and against any and all claims, damages, and liabilities arising from the product or use of the product.