TERMS AND CONDITIONS
The sale of goods listed on the reverse side or listed on future invoices,
is made in accordance with the terms and conditions set forth below.
TERMS OF SALE: Standard terms of sale vary by product and transaction. If a cash discount is shown on the front hereof, then such discount may be taken if all the following conditions are met the account is current, and payment is made by check dated and envelope postmarked no later than the 10th of the month of sale (10th Prox), and the specific job was quoted with cash discount terms, if a cash discount is not shown, or the bill is not paid by the 10th of the month. Then payment is due by the 25th.
PRIOR CREDIT APPROVAL: Seller reserves the right to approve buyer’s credit prior to sale and shipment of merchandise. Without prior notice, seller may at its sole discretion, and at any time(s) increase or decrease the amount of credit, if any, it extends to buyer.
CHANGES: Quotations are subject to change in price and items without notice unless indicated otherwise in the quotation. Buyer must notify seller in writing by certified return receipt requested mail or any discrepancies within 10 days of receipt of invoice; otherwise invoice shall be conclusively deemed to be correct as originally submitted.
LOCAL SHIPMENT: Although every effort will be made to ship in accordance with the shipping dates specified. Shipping dates are approximate and the seller shall not be liable for any damage suffered by the late delivery. Any and all delivery dates given by seller are estimates only. Buyer is cautioned to make allowance for delays and is warned that seller shall not be liable to buyer, to a general contractor or to an owner for delays in delivery.
GLOBAL SHIPMENT: Orders are normally shipped via FedEx (tubs and very heavy items will ship by other means and extra charges will apply). Orders shipped out will not be signature required unless specified by the customer, which then there will be an extra charge applied to the order. Any orders shipped without signature required, and if left in front of your door by FedEx without your signature will be the customer’s responsibility. If your products are in stock here at our warehouse and you place your order by 1:00pm Pacific Time (4:00pm Eastern) Mon-Fri, your order may ship the same day. We do offer Next-Day Air via FedEx, but in order to have it Next-Day Air orders will have to be placed in before 12:00 PM (Pacific) and requested via phone. We cannot ship to P.O. Box addresses.
WARRANTY DISCLAIMR: All products sold by seller are sold without any warranty except for passing on the warranties of the manufacturer of the product. Without limiting the generality of the foregoing seller makes no warranty, either expressed or implied, as to the merchantability, fitness or suitability of any products of any product sold.
LIMITATION OF LIABLITY: Seller shall not, under any circumstances, be liable for special or consequential damages, such as but not limited to: (I) damages to or loss of other property or equipment; (II) Loss of profits, revenue, or reputation; (III) cost of replacement goods; (IV) cost of storage, handling, and care of damaged, defective or nonconforming goods; or (V) claims of buyers customers for service interruptions. The liability of seller arising out of or relation in any way to the state, delivery, resale, installation or use of the goods sold by or furnished by seller whether arising out of contract, negligence, strict tort, or any warranty or otherwise, shall not exceed the price of the specific goods upon which liability is to be based. Buyer’s remedies for any breach of this agreement by seller or with respect to seller’s liability under this agreement shall be limited to seller’s choice of any one of the following; (I) the repair of goods; (II) the replacement of the goods, or (III) the return of the goods in question to the seller and the return to the buyer of any consideration paid to sellers for said goods.
CLAIMS FOR SHORTAGE OR DAMAGE AND RETURNS: All claims for shortages and/or damages must be made to seller within three days of discovery, but in no event later than ten days from the date of delivery. All sales are final. Goods may not be returned to the seller for credit without seller’s prior written consent.
RETURN OF GOODS: Merchandise may not be retuned without seller’s written authorization. For authorized items, credit will be issued at the invoice price. A handling charge of fifteen (15%) percent (or greater if so charge by our supplier) will be made on all returned items. Special order items are not returnable.
JOB ACCOUNTS: As a service to buyer and as a means of facilitating the orderly preparation of conditional waivers and release on job accounts, seller may inform buyer’s customer (the general contractor), of the amount owed to seller b buyers on job accounts.
SERVICE CHARGES: Buyer will pay service charge of 15% per month on all past due balances.
PAYMENT AND COLLECTION CHARGES: Payment on any past due account is to be made at sellers option to its administrative offices in Sun Valley, California. If buyer fails to make any payment when due, buyers account shall become immediately due and payable, if suit is filed with respect to any claim arising out of or related to the sale of goods by PFS Group Inc. to buyer, which is concluded by the entry of a Default Judgment because the Defendant fails to answer the Complaint, the successful party shall be entitled to attorney fees in the amount of 40% (but in no events less than $1,500.00) of the claim if the claim is $5,000.00 or less or attorney fees in the amount of 33.3% of the claim if the claim is over $5,000.00. If the suit is concluded after the Defendant files and Answer (even if the Answer is allowed to be filed by the Court after a Default has been entered and/or even if the Answer is ultimately stricken), the successful party shall be entitled to reasonable attorney fees in addition, the successful party in any suit shall be entitled to request and receive post judgment attorney fees with the respect to fees incurred to collect the judgment, whether the original award of attorney fees was based upon the percentage formula or the reasonable attorney fee provision. Any suit arising out of or related to the sale of goods by seller to buyer must be brought in the Los Angeles Municipal Court (Van Nuys Branch), the Los Angeles Superior Court (Northwest District), or in the Federal District Court in Los Angeles.
SECURITY INTERESTS: Buyer grants and seller retains a purchase money security in the products hereunder until the net purchase price is fully paid, and all other obligations of the buyer are satisfied. Seller may exercise any and all rights and remedies to recover its security interest including, but not limited to legal action, application of mechanics lien laws, and/or repossession of material from buyers premises or its agents.
ENTIRE AGREEMENT: This document constitutes the entire agreement between buyer and seller and supersedes all prior representations, warranties and understandings, whether oral or written, with respect to the terms of sale responsibilities of PFS Group Inc.. This document does not supersede any personal guarantees or signed Security Agreements. Seller has not made any promise to buyer to induce buyer to enter into this sales agreement with seller and buyer is not relying g upon promise or representation not contained in this document, or any other written agreement signed by seller.
SAFETY INFORMATION: Some of the products sold by Seller may contain materials deemed potentially harmful under California state legislation. Please consult the products labeling for details or contract your salesman for more information.