TERMS AND CONDITIONS
Ruling Condition
Any contract made with the Seller is subject to these Conditions which govern the Contract to the exclusion of any other terms, conditions or warranties whatsoever unless these Conditions have been excluded or varied by express written agreement made between the Seller and the Buyer.
Identification – Risk of Loss
This contract relates to the goods identified above (including referenced attachments) hereto and incorporated into this contract by this reference (the “Goods”).
Title and Risk of Loss
Risk of loss and title to the Goods shall remain with the Seller until Buyer takes physical possession of the Goods.
Disclaimer of Express Warrants
The description of the Goods contained in this contract is for identification purposes. However, Seller warrants and agrees that the Goods will conform to that description. The use of any sample or model in connection with this contract is for illustrative purposes only, is not part of the basis of the bargain, and is not to be construed as a warranty that the goods will conform to the sample or model.
Seller also represents and warrants that the Goods will be covered by the manufacturer’s Warranty, and all costs for Goods to be replaced or repaired will be governed by that Warranty. Seller will perform all acts as may be necessary to facilitate warranty claims.
Payment Terms
If payment is made in full at the time of delivery, or within 30 days after the date of delivery, the price shall be the full invoice amount. If payment is made after 30 days from the date of delivery, a 1.5% interest and late charge will be imposed on the unpaid balance, for each month that the amount due remains unpaid. It is agreed and acknowledged that since the actual damages which would result from any breach by Buyer of his duties under this agreement are uncertain and would be extremely difficult to ascertain, Buyer agrees to pay Seller the amount set forth above as interest and late charges as liquidized and agree damages in the event of any breach of this agreement by Buyer. Goods that have not been scheduled for delivery to pay Seller the amount set forth above as interest and late charges as liquidized and agree damages in the event of any breach of this agreement by Buyer.
Delivery and Delivery Charges
If Seller has agreed to provide delivery, a charge will be made in the amount set forth in the agreement. If no amount is stated in the space provided, then the Goods shall be received by the Buyer in the City of Torrance, County of Los Angeles, at the Seller’s place of business. If delivery is made and there is no one available to accept the goods, they will be returned to the Seller and an additional fee shall be imposed for future delivery. All deliveries are curbside only. The buyer is responsible for having enough skilled manpower to carry Goods from the curbside to the job site.
Remedies
Buyer and Seller shall have all remedies available to them in law and in equity.
Delays It is acknowledged by the Buyer and Seller that the goods sold here under are being ordered from manufacturers and representatives over which the Seller has no control. Any statements made by the Seller as to an expected shipping date are based on information given to Seller by said manufacturers and representatives. Seller shall not be liable for any delays in delivery.
Attorney’s Fees
If any action is brought to enforce the terms of this contract or to collect any sums due here under, the prevailing party shall be entitled to reasonable attorneys fees, in addition to any other damages which might be awarded.
Authority of Seller’s Agents
No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation, or warranty concerning the goods sold under this contract, and unless an affirmation, representation, or warranty made by an agent, employee, or representative is specifically included within this written contract, it has not constituted a part of the basis of this bargain and shall not in any way be enforceable.
Changes, Modifications and/or Rescinding
This contract can be changed, modified or rescinded only in writing and signed by both seller and buyer or their duly authorized agents. All requests for cancellations, changes, and/or refunds will reflect less any restocking fees passed along from manufacturers and/or a 15% processing fee. The Seller will only agree to cancellation up to the date of delivery provided that the manufacturer of the Goods concerned is not complete and on condition that all costs and expenses incurred by the Seller up to the time of cancellation and all loss of profits and other loss or damage suffered by the buyer by reason of such cancellation will be paid forthwith by the buyer to the seller; and any cancellation that is notified to the seller by telephone shall be followed by notification in writing within 48 hours of the initial telephone notification.
Tender of Delivery
Seller shall give notice to Buyer as soon as the Goods are ready for delivery. Buyer agrees to receive the Goods at Seller’s place of business within five days after having been given notice that they are being held at Buyer’s disposal. The Goods shall be inspected upon tender to the Buyer. Failure to inspect within the five days after tender shall constitute a waiver of Buyer’s right of inspection and shall be equivalent to acceptance of Goods. Goods will be subject to storage fees if delivery and/or will call is not scheduled within five business days after having been given notice that they are being held at the buyer’s disposal. Storage fees will be comparable to monthly rates of local storage facilities and will be based on the value and/or volume of the Goods. Additionally, Alpine Door & Trim, Inc. cannot be held responsible for any accidental damage / deterioration of the product due to weather or unforeseen circumstances.
Manufacturer’s Warranties
Seller will deliver the Goods with the applicable Manufacturer’s Warranty. Buyer will have the obligation to read and comply with such Warranty, particularly as it relates to handling, storage,and finishing requirements, and shall be responsible for any failure to comply with the terms therof.
Technical Advice by Seller
Buyer understands that the technical advice given by Seller or any of their agents is based on the project information provided by the Buyer. Buyer also accepts responsibility to verify that Goods will meet all local building codes including, but not limited to tempered glass and egress.
Acceptance of Electronic Signature Buyer and Seller agree that electronic signature via email, text or through Alpine Door & Trim, Inc’s computer quoting software will be an acceptable form of approval for all documents that are attached to the respective form of electronic communication.