Contact Us Dealers Terms & Conditions | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Buying Shipping Cases - our terms of business at CPD CasesTERMS AND CONDITIONS HOW TO ORDER: Shipping/Receiving & Order Will Calls 7
Purchase Orders from: STATE, FEDERAL GOVERNMENT & EDUCATIONAL INSTITUTIONS are also welcome, please fax and mail a hard copy of your order, do not forget to include contact names, phone & fax numbers for confirmation purposes. Please contact our Sales Department for further details. A sale
resulting from a quotation shall be subject to the terms and conditions stated
herein.
Customer’s purchase order is not subject to cancellation, change, reduction in amount, suspension or deferment of deliveries except with Seller’s written consent and upon terms that indemnify Seller against loss. A 1-1/2% per month service charge will be added to all past due accounts. If Customer fails to make payments in accordance with Seller’s terms then Seller may defer further shipments until such payments are made or, at seller’s option, cancel unshipped balance of order and seek other remedies in equity or law. PRICES: RETURNS: The retail cost of any missing components (e.g.,
foam inserts, accessories) will be deducted from the refund amount.
Make sure to send your item freight pre-paid and to use the original packaging to ensure the product arrives in good condition. All returns must be in like new condition (no
scratches, dents, etc.) CPD Industries has the final decision whether
the item(s) can be returned for full refund based on the conditions outlined
above. Product Defects: Defective merchandise may be returned for replacement or repairs. Please contact our Customer Service Department at (800) 882-4730 (USA) or
909-613-1999 for return authorization number (RMA) before shipping your merchandise. FedEx First Overnight - by 8 a.m. or 8:30 a.m. next business day depending on the destination zip code. FedEx Priority Overnight - by 10:30 a.m. next business day FedEx Standard Overnight - by 3 p.m. next business day FedEx 2Day - by 4:30 p.m. second business day FedEx Express Saver - by 4:30 p.m. third business day Delivery Failure: Delivery dates are
quoted in good faith, but are not guaranteed. We cannot assume any risk or liability for delay or non-fulfillment of
shipments due to acts of God, war, strikes, breakdowns, fires, government
orders, or other causes beyond our control.
A refund or credit will be given only for the portion of the transportation charges applicable to those packages in the shipment as to which there was a package timely delivery failure by FedEx or UPS. International Orders are always welcome and our Customer Service Department will gladly help you find the most economical way to ship your order. Please remember: FedEx, UPS and other carriers will not refund or give credit of any kind as a result of, any loss, damage, delays, or failure to deliver the merchandise caused by or resulting in whole or in part from:
PRODUCT GUARANTEE: PROPRIETARY DATA: INSPECTION: The advice, assistance and design of custom cases by our employees and agents are based upon information you provide. Buyer has the final decision of merchantability and fitness of our products for his particular purposes. We will not accept any liability in the event of a damaged shipment. EXCLUSIVE REMEDY:YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY CPD INDUSTRIES' PRODUCT OR SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH PRODUCTS OR SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL CPD INDUSTRIES, ITS SUPPLIERS AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING PRODUCTS OR SERVICES AS PART OF THE SERVICE FROM CPD INDUSTRIES) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF CPD INDUSTRIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN CPD INDUSTRIES'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES.CPD Industries, its suppliers and contractors will not be liable for any indirect, punitive, incidental or consequential damages, loss of income or profit, or special damages, regardless of whether a claim for such damages is based on warranty, contract, negligence, product delays, misdelivery, non-delivery, failure to provide information or otherwise, loss or liability resulting from acts of god; loss or liability resulting from errors, omissions, or misstatements in any and all information of our product(s) or service(s) provided under this agreement; loss or liability as a result of the application of our dispute policy. MODIFICATIONS TO OUR TERMS & CONDITIONS: Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that CPD Industries reserves the right to unilaterally modify, amend, change, including, but not limited to, prices, services, features of service, and these Terms and Conditions without notice. Any such revision or change will be binding and effective after posting of the revised Terms and Conditions or change to the service(s) on CPD Industries' Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web sites, including the current version of these Terms and Conditions available on our Web sites, to be aware of any such revisions. By continuing to purchase CPD Industries products and services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of CPD Industries is authorized to alter or amend the terms and conditions of this Agreement. SEVERABILITY: You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect. You and CPD Industries agree that any disputes related to the products and services provided under this Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of California, United States of America, excluding its conflict of laws rules. We each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the Superior Court of California, County of San Bernardino. If there is no jurisdiction in the Superior Court of California, County of San Bernardino, then jurisdiction shall be in the United States District Court for the Southern District of California. The
parties hereby waive any right to jury trial: WAIVER: No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of CPD Industries. The remedies of CPD Industries under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. |
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