TERMS AND CONDITIONS OF SALE
1. SECURITY INTEREST: It is expressly acknowledged that C&H WELDING dba Sun Welding (“Seller”) retain a security interest in all goods sold under this invoice, until payment of all charges, including applicable taxes, delivery and freight charges, have been made in full. Payment made by check, or other means, which is subsequently dishonored, shall be construed as nonpayment.
2. TERMS OF PAYMENT: All orders shall be accompanied by a nonrefundable deposit equal to 30% of the total price of the merchandise. The remaining balance shall be paid in full on completion date and prior to shipment. All safes are shipped “freight prepaid”, unless other arrangements are made in advance. Returned checks are subject to a $25.00 NSF fee. A 15% restocking fee will be incurred to returned orders. Orders are allowed a 1 week courtesy storage. After 1 week a storage fee of $80 per month will be added.
3. CUSTOM ORDERS: All orders are custom orders, in that they are built to the buyer’s specifications. Production shall not commence and this agreement may be canceled at the seller’s option, unless the required funds are received for deposit.
4. CANCELLATION POLICY: As all safes are custom built, this order may be canceled by the buyer only if written notice of cancellation is received by C&H WELDING dba Sun Welding within TEN (10) DAYS of the original order date, subject to liquidated damages as set forth in paragraph five. Electronic parts such as keypads and locks are nonrefundable. Credit card fees are nonrefundable.
5. LIQUIDATED DAMAGES: Realizing the impracticability and extreme difficulty to fix the actual damages caused by cancellation, the parties agree as follows: If written notice of cancellation is received more than ten (10) days after the original order date, but before the item(s) has been consigned to the shipper, the damages for cancellation shall be equal to the sums paid as the initial order date, but after the item(s) has been consigned to the shipper, the damages for cancellation shall be equal to the sums paid as the initial deposit, as outlined in paragraph 2, plus all shipping and return (if any) freight charges incurred by C&H WELDING dba Sun Welding.
6. LOCAL DELIVERY: Shipments are F.O.B. factory. Delivery times are approximate, and are not guarantees. Approximate delivery dates are based on Seller’s best estimates, and cannot include unforeseen delays in manufacturing, delays due to weather, natural catastrophe, strikes, equipment failure, changes in applicable law, or any other delays which may occur. Delivery is available at an extra-cost for customer convenience during normal work hours Monday thru Friday. All deliveries are made to the customer’s driveway at street level. Additional delivery services are available as additional cost options. Delivery is nonrefundable once the order has shipped. C&H WELDING dba Sun Welding has no reasonable means to determine the structural integrity of the delivery site. Therefore, buyer assumes all risk of loss and/or damage to the premises when the in-home delivery option is selected. C&H WELDING dba Sun Welding hereby expressly disclaims any liability for loss and/or damage to the premises under the in-home delivery option.
7. FREIGHT: Shipments are F.O.B. factory, prepaid. Shipping dates are estimates based of the carriers tracking information. All shipments are made to the nearest freight terminal. Additional services such as business, residential, or lift gate are available for an additional fee and must be stated on order. Freight is nonrefundable once the order has shipped. Prices are based off delivery information provided, if carrier finds delivery is other than stated additional fees will apply. Freight does not include removal from pallet or removal of packaging material. C&H WELDING dba Sun Welding has no reasonable means to determine the structural integrity of the delivery site. Therefore, buyer assumes all risk of loss and/or damage to the premises when the freight option is selected. C&H WELDING dba Sun Welding hereby expressly disclaims any liability for loss and/or damage to the premises under the freight option. In the event of damage the customer must write on the delivery receipt all damage. If damage is not written on the delivery receipt customer accepts the order in is condition.
8. LIMITED WARRANTY DISCLAIMER: The manufacturer’s warranty constitutes all of the warranties with respect to the sale of this item. The seller herby expressly disclaims all warranties, either express or implied, including any implied warranty of merchant ability or fitness for a particular purpose, and the seller neither assumes, nor authorizes any other person to assume on his behalf, and liability in connection with the sale of this product. The buyer shall not be entitled to recover from the seller any consequential damages, damages to property, damages for loss of use, loss of time, loss of profit or income, or any other incidental damages. Liability, if any, C&H WELDING dba Sun Welding shall be limited to the purchase of the product.
9. CHOICE OF LAW/ATTORNEYS FEES: This agreement shall be construed according to the laws of the state where this agreement was entered into. Should litigation be required under this agreement, the prevailing party shall be entitled to all necessary costs and disbursement, plus reasonable attorneys fees, incurred in the enforcement of this agreement.